Always Give Back LLC is the owner of AGB®, Always Give Back®, It Matters to This One® and DonateSmarter®. It has created the DonateSmarter.com Website (the “Website”) to provide a showcase that allows properly registered (State & Federal) tax-exempt charitable organizations in the United States registered on the Website (each a “Charity”) to:
Educate Website users about their mission,
Highlight their goals and, or, accomplishments and
Post detailed descriptions of so-called “Good Works Projects,” or "Projects" consisting of particular programs for which they are seeking funding through charitable donations (each a “Good Works Project”).
The Website also allows individuals who want to make a difference (each a “Donor”) to:
- Search for and learn about various Charities that may be of unique interest to them,
- Find out about specific Good Works Projects in detail,
- Contribute monetary donations directly to Charities and specific Good Works Projects of their choice in amounts as small as one dollar ($1.00), and
- Receive regular updates to those Good Works Projects as posted by the Charities over the life of the project.
We have two simple rules Charities fundraising on DonateSmarter must have and demonstrate:
1. Proper registration and “good standing” with State and Federal regulators as required by law.
2. Pledge to apply all donations to the project they were intended to support and provide regular updates as evidence to donors and the general public.
PLEASE READ THE TERMS VERY CAREFULLY! The Website is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation, and you may only use the Website according to the Terms. Your use of the Website means you agree to all of the Terms without modification or reservation.
DonateSmarter provides several different informational features to assist potential Donors in researching and evaluating Charities and their Good Works Projects listed on the Website. DONATESMARTER is a free site for charities to use. DONATESMARTER may be compensated for its services in multiple ways through the use of the site's customized corporate sponsorship features, educating Charities and Supporters using the site.
Charities appearing on DONATESMARTER are rated internally by DONATESMARTER on their site performance using metrics gathered through their daily activity. The internal rating system or Star Rating System is a quick visual reference for DONATESMARTER and Charity Admin of the site. It is designed to provide an accounting of charity and project performance over several criteria designed to promote compliance with State and federal registration guidelines, transparency, and accountability for the charity, donor-base, and sponsorship that may arise.
Users of the site are encouraged to leave reviews (Public Reviews) for the site, the Charities, and the Projects by leaving a comment (or complaint) or writing a review using the 5-star Public rating system. These reviews are submitted directly to the charity and DONATESMARTER and may be posted for public viewing at the discretion of the charity admin and DONATESMARTER admin. DONATESMARTER is not a watchdog and provides no such services. However, DONATESMARTER admin reserves the right to verify reviews left on the site and act as they see fit to preserve the integrity of the DONATESMARTER community and the website.
The DONATESMARTER showcase is a valuable tool a charity can use to promote custom sponsorship opportunities for donors who have or are businesses and corporations. Metrics used to rate the charity and project cover charity controlled and donor controlled aspects of running a charity. The criteria are made clear to charities and donors in accordance with their interests, may be posted clearly on the private or public side of the site, and are subject to change without notice.
DONATESMARTER may be compensated in one or multiple ways.
Licensing: Licensing some, or all of the services of the site to corporations and individuals who private label the services.
Customized Sponsorship Pages: Page Sponsors pay a fee predetermined by the charity and DONATESMARTER, which is based on their charity’s Star Rating. The fee may be adjusted up by the charity. The higher a star rating, the lower the fee paid to DONATESMARTER by the sponsored or sponsoring organization. This is for the use of the system or product determined by charity performance with the services or product and in no way indicates a representation of the charity or the sponsor by the site.
Coaching: DONATESMARTER may offer coaching clinics and packages to charities, donors, and users of any kind to help them maximize the efficiency and effectiveness of their use of the site and the performance of the systems provided within the site. These may be live, prerecorded, web-based, interactive individual or group sessions and may be made available through the website or any reasonable means.
DONATESMARTER collects and charities using the site agree to pay a fee of fifteen cents ($.15) per donation transaction (regardless of transaction size). DONATESMARTER uses the transaction fee to fund "ALWAYS GIVE BACK," a crowd-funded pool to be used for donations to charities making use of this site and these services on an annual or more frequent basis as determined by DONATESMARTER owners. The owners make selection criteria for these donations and selection of the recipients of DONATESMARTER as they see fit and may or may not be made public as they see fit.
Other than these advertising, coaching, administrative, and ministerial services, DONATESMARTER has no relationship with the Charities or sponsoring individuals, businesses, and, or, corporations. DONATESMARTER may introduce sponsorship opportunities to potential sponsors, to illustrate how they might maximize the site benefits for each party and facilitate corporate and or project sponsorship between potential sponsors and charities and their projects as represented on the site, without acting as an agent for any of the Charities, individuals, businesses or Sponsoring corporations. DONATESMARTER does not solicit donations or charitable contributions, and at no time, has custody or control over Donations made to the Charities via the Website. DONATESMARTER helps participants maximize their benefit from the site and does not provide professional fundraising consulting, professional solicitation, commercial co-venture, paid solicitor, fundraising counsel, fundraising adviser, commercial fundraiser, or similar services.
Although DONATESMARTER communicates and posts specific standards to which Website users, including Charities and Donors, are expected to adhere, DONATESMARTER is not equipped to enforce all violations of such measures or to otherwise screen and confirm the accuracy, completeness, reliability, authenticity, legitimacy, correctness, or currency of Charity or Good Works Project descriptions, claims, editorial commentary or any other information or advertising content of the Website. Therefore, DONATESMARTER expressly disclaims any obligation to so screen and confirm that any Website content, regardless of its source, is accurate, complete, reliable, current, or error-free. DONATESMARTER reserves the right, but not the obligation, to review reports or complaints that DONATESMARTER receives from Website user regarding Website content, or conduct by Charities, Donors, or other users inconsistent with the Terms and act accordingly.
Content on the Website is provided for informational purposes only. It does not constitute an endorsement by DONATESMARTER of any Charity, Donor, product, service, reviews, or other content regardless of its source. DONATESMARTER assumes no liability for inaccuracy or incompleteness in its search results, editorial content, Charity Reviews or ratings of Charities, or other content on the Website. Any questions, complaints, or claims related to any Charities or Good Works Projects they describe on the Website should be directed to the appropriate Charity.
DONATESMARTER does not guarantee continuous, uninterrupted or secure access to its services or the Website, and the operation of the Website may be interfered with by numerous factors outside or within DONATESMARTER’s control. Although DONATESMARTER requires Charities to commit to furnishing current and accurate information regarding the Charities and their Good Works Projects, DONATESMARTER has no ultimate control over the business practices of such Charities, nor does it control in any way the quality, accuracy or legality of any Fundraising Project or related Good Works Project on the Website or any Donation or transaction that occurs as a result of such Fundraising Projects and Good Works Projects listed on the Website.
By using the Website, you certify that you are above the age of majority in your state or country of residence. To create a Donor Account, you acknowledge that your donation will be made to a Charity (registered 501(c)(3)) in the United States, and the third party handling the transaction will determine the exchange rate, currency restrictions and requirements to donate US dollars. DONATESMARTER has no involvement in the transaction or exchange, and all donations will arrive as US dollars. Only charities based in the United States and who satisfy DONATESMARTER’s eligibility requirements may register Charity Accounts and only through authorized representatives.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. 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.
Several additional words are used in these Terms that have a specific meaning in these Terms. The words defined in this section shall have the following meanings in these Terms unless to do so would be contrary to the clear intent of these Terms:
- "Content" means editorial content, message, information, data, text, software, music, sound, audio or video clips, artwork, photographs, graphics, images, names, site design, user interfaces, product and service names, design marks, logos, icons, legends, titles, headers, and the selection, expression, structure, arrangement, coordination, enhancement, and presentation of said elements, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, requests or the like or any other material provided on, uploaded to, or transmitted via, the Website.
- "DONATESMARTER Content" means all Content provided by or on behalf of DONATESMARTER, as well as the computer programs used to generate the pages on the Website, and the “look and feel” of the Website (including color combinations, layout, design, and all other graphical elements).
- “Charity Content” means all Content provided by or on behalf of any listed Charity on the Website.
- “Advertiser Content” means all Content provided by or on behalf of any business, merchant or advertiser on the Website, if any.
- "User Content" means any Content that any website visitor or user posts or transmits on the Website, including “User Submissions” as defined below, but expressly excluding all DONATESMARTER Content.
SECURITY OF TRANSMISSIONS
By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. DONATESMARTER does not guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person. You acknowledge that the security mechanisms of the Website have inherent limitations, and you are solely responsible for determining if the use of the Website sufficiently meets your needs.
DONATESMARTER attempts to be as accurate as possible. However, DONATESMARTER does not warrant that service description or other content of this Website are accurate, complete, reliable, current, or error-free. Material and software published on the Website, including hyperlinks, may include inaccuracies, typographical errors, and, or, Out-of-date material. You understand, acknowledge, and agree that DONATESMARTER is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge DONATESMARTER may make changes to any services or information described on the Website, or to the applicable features for any such services or information, at any time, without notice.
Accuracy of Information. You acknowledge that certain features of the Website are made available to you based on registration and other information that you provide to DONATESMARTER. Therefore, you agree and warrant that all registration and other information provided by you through this Website will be truthful, accurate, and current and that you will update all registration information as and when necessary to keep it truthful, accurate, and current. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may be grounds for termination of the relevant Donor or Charity Account, without prejudice to any other legal or equitable remedies that DONATESMARTER may have against such Account or representative.
Account Limits. You may only register one (1) Donor Account with one email. Your registration is personal to you and nontransferable. If you also wish to register as a Charity, you must register a separate Charity Account. A Charity can only register one (1) Charity Account per unique IRS Designation Letter.
Security of Log-In Information. You are solely responsible for the security of your password and for any use of your password or your account. You may not use anyone else’s DONATESMARTER password or account at any time. DONATESMARTER will not be liable for any loss or damage arising from your failure to comply with these obligations. If you become aware of any unauthorized use of your account or other breach or compromise of security, you agree to notify DONATESMARTER promptly. However, you may be held liable for losses incurred by DONATESMARTER or any other person due to someone’s use of your DONATESMARTER password or account.
TERMS AND CONDITIONS SPECIFIC TO CHARITIES
The services are provided to the Charity “as is” and are not guaranteed to be available, uninterrupted, error-free, defect-free, current, or accurate and may be disabled, suspended, modified, or terminated by DONATESMARTER at any time, without notice. Click here for more information concerning the Unified Registration Statement.
Eligibility. To register as a Charity to use the Website, your organization (a) must be and remain a tax-exempt organization, or otherwise eligible to receive tax-deductible contributions, pursuant to Section 501(c)(3) of the Internal Revenue Code (“IRC”) that is in “good standing,” i.e., we must not have any concerns about problems with your organization's public accountability, (b) must commit to applying donations raised via the Website to the Good Works Project to which they are donated and in accordance with the relevant Scope of Work, (c) must commit to communicating Qualifying Updates (as defined below) to each Scope of Work (as defined below) at least every thirty (25) days, and (d) must acknowledge and agree that DONATESMARTER makes no promises as to the amount of donations (if any) that the Charity will receive via its participation on the Website.
Registration. During registration, you may be required to provide your Charity’s Employer Identification Number (“EIN”) (also known as Federal Tax Identification Number) and upload a true and accurate copy of a current and valid Section 501(c)(3) Determination Letter from the IRS. During the registration process, your organization will also need to provide necessary contact information, including a valid, working e-mail address, designate an administrator (“Administrator”) for the Charity Account, and create log-in credentials consisting of a user ID and password (“Credentials”).
Once you have completed the registration process, DONATESMARTER will review your registration and supporting documentation. Please allow up to three (3) business days for DONATESMARTER to review your registration and to either approve your Charity Account or contact you to obtain any additional information needed. You will be considered a Charity only after you have completed your online registration, and after DONATESMARTER has reviewed and approved your registration and until the Terms are terminated for any reason as to your Charity.
Logo and Name/License. You must supply your Charity’s official “Name,” and, if you have one, you must also upload an electronic version of your “Logo” that meets our technical requirements. You hereby grant DONATESMARTER a non-exclusive license to use your Name and Logo during the term of this Agreement to identify your organization, for example, on receipts and year-end statements to Donors, which you agree to authorize. We acknowledge that you retain ownership of your trademarks, trade names and service marks, and any associated goodwill.
DONATESMARTER’s Limited Role. For purposes of state charitable solicitation laws or regulations, nothing in the Terms is intended to cause or require DONATESMARTER to act as a professional fundraiser or fundraising counsel on behalf of any Charity in any way.
Dashboard. Once your Charity Account has been approved, your Administrator can log in to your Charity Dashboard, register additional authorized Account users, and manage other Account preferences. The Charity Dashboard can also be used to create a basic profile regarding your Charity and its mission, as well as to begin promoting its Good Works Projects.
Promoting a Good Works Project. Charities can promote their Good Works Projects via “Fundraising Events.” Only one Fundraising Event may be conducted on the DonateSmarter website by a Charity for a particular Good Works Project at a time. To create a Fundraising Event, the Charity must complete a “Scope of Work.” The Scope of Work is completed online and is designed to provide information and details about the Fundraising Event and the pertinent Good Works Project, including the description, needs, schedule, objectives, intended beneficiary(ies), and Project Leader (see below) of the Fundraising Event for the Good Works Project. Although there is no limit to the number of Good Works Projects that can be posted by the Charity, only one (1) Fundraising Event may be operated for any Good Works Project at a time.
Project Standards: Each Fundraising Project and its Scope of Work must meet minimum eligibility and project reporting requirements, as well as the terms and conditions outlined in the User Responsibilities section elsewhere in these Terms (collectively the “Project Standards”). DONATESMARTER reserves the right to delete any Fundraising Project or other Charity posting that does not comply with the Project Standards or the Terms.
Project Leaders: Each Fundraising Project and its Scope of Work must designate one (1) employee or trusted volunteer of the Charity, who is qualified to both administer the relevant Fundraising Project and to act as its liaison with its Donors via DONATESMARTER (each a “Project Manager”). The Project Manager is responsible for promoting the Fundraising Project, ensuring that funds raised via the Fundraising Project are used as described in the Fundraising Project and its Scope of Work, creating the Fundraising Project and its Scope of Work and its regular updates and otherwise communicating detailed and relevant information to the Donors via the Website.
Project Updates. A Project manager is required to post a “Qualifying Update” to his/her assigned Fundraising Project at least once every 25 days. A Qualifying Update must (a) be timely, (b) include a narrative update of up to three hundred (300) words, (c) must satisfy all Content restrictions in the User Responsibilities section and elsewhere in these Terms, and (d) include material falling into at least one (1) of the following categories that illustrate how the Good Works Project is progressing as a result of the Donations received through the Website and how such Donations are being used as pledged in the Fundraising Project and its Scope of Work and that is newer than the items currently posted to the Fundraising Project:
- Link to a video clip;
- Graphic representation or drawing;
- PowerPoint or similar presentation materials;
- Plans or blueprints;
- Audio clip (or link to an audio clip);
- Link to media coverage (such as television, newspaper, etc.) that was published or broadcast in the preceding thirty (30) days;
- Testimonials from those benefiting from the Good Works Project as it progresses;
- Other content as may be approved by DONATESMARTER from time to time.
In the event that unforeseen circumstances make it impractical or impossible to satisfy the requirements for a Qualifying Update, the Project Manager is responsible for contacting DONATESMARTER to explain and document (if requested) those circumstances at least monthly until he/she can post a Qualifying Update. If a Charity fails to post Qualifying Updates on more than two (2) consecutive occasions, or more than three (3) times during a six (6) month period, without contacting DONATESMARTER as noted in the previous sentence, DONATESMARTER may, in its sole discretion, terminate the relevant Fundraising Project upon notice to the Project Manager and the Administrator of the Charity Account, without prejudice to any legal or equitable claims or causes of action that DONATESMARTER or any Donor may have against such Charity.
Payment Processing Account. To receive donations, each Charity will need to have an active account with the approved Payment Processors. Currently, PayPal and Stripe are the only approved Payment Processors. Click for information on PayPal Business Accounts for nonprofit organizations and www.Stripe.com
Receiving Donations. Donations can be made via a Charity’s Good Works Project and are processed by the Third Party Processor. At no time will DONATESMARTER have custody of the Donations. The Charity is responsible for any transaction fees charged by the Third Party Processor. Click here for information regarding fees charged by PayPal on its business accounts for nonprofit organizations.
DONATESMARTER Transaction Fees/PayPal & Stripe Agreements. By registering a Charity Account on the Website, you agree to be responsible for any transaction fees charged by PayPal. Specifically, each Charity agrees to establish and renew its payment agreement with PayPal every two thousand (2,000) transactions or annually, whichever occurs first. If the Charity does not update the required agreement with PayPal to allow DONATESMARTER to receive payments, the charity will still be liable for any amount owed DONATESMARTER for each transaction that may occur as a result of the charity’s involvement with DONATESMARTER. DONATESMARTER reserves the right, in its discretion, to disable any Fundraising Event pages, Good Works Project pages, and/or Charity page on DONATESMARTER, temporarily or permanently. Currently, all transactions will be assessed through PayPal or Stripe but DONATESMARTER reserves the right to change this structure at its sole discretion.
DONATESMARTER reserves the right, but not the obligation to monitor relevant Website traffic and communicate reminders to Charity to renew their PayPal and Stripe agreements. Each Charity agrees that it is solely responsible for satisfying any periodic PayPal re-certification requirements to prove to PayPal’s and or Stripe's satisfaction that it remains in Good Standing as a tax-exempt nonprofit organization with the IRS.
DONATESMARTER reserves the right to adjust the amount of the DONATESMARTER Transaction Fee from time to time.
Taxes. Notwithstanding your status as a tax-exempt organization, you will be responsible for all sales, use, value-added or other similar taxes, duties, levies, charges, or assessments applicable or payable in connection with Donations made to your Charity via the Website.
Additional Responsibilities of Charity. Participating Charities further agree that:
- Each Charity bears sole responsibility for confirming its Section 501(c)(3) tax-exempt status and presenting proof of such status.
- Each Charity agrees to promptly notify DONATESMARTER of any change in its tax-exempt status under Section 501(c)(3) and/or if the Internal Revenue Service (“IRS”) or any state or local government agency initiates an inquiry into its status.
- Each Charity agrees to provide any information that DONATESMARTER may reasonably request relating to its status as a tax-exempt organization, according to Section 501(c)(3) of the IRC in good standing.
- Each Charity agrees to update its Charity Account information profile via the Dashboard using our online tools or via the Contact Us page as necessary to maintain its accuracy, or when requested by DONATESMARTER.
- Each Charity bears sole responsibility for complying with all laws, rules, and regulations applicable to its activities under the Agreement and to its status as a tax-exempt organization.
- Each Charity may have obligations to register under state or local laws regarding charitable solicitations and is solely responsible for all costs associated with its compliance with such requirements and DONATESMARTER has no obligation to assist with any such registration(s) nor shall DONATESMARTER have any liability for the failure of any Charity to register correctly.
TERMS AND CONDITIONS SPECIFIC TO DONORS
Donations. Registered Donors can make financial donations to specific “Good Works Projects” of various Charities featured on the Website. The Good Works Projects available on the Website are subject to change at any time without notice. They are generally available only for a limited time and up to a limited maximum aggregate donation set by the relevant Good Works Project.
Verification of Charitable Organizations. Before a charitable organization can have a registered Charity Account, DONATESMARTER requires it to complete an online registration process and to provide certain information relating to its status as a tax-exempt organization, such as its Employer Identification Number and a copy of its 501(c)(3) Determination Letter from the IRS as verification that the organization is allowed to accept tax-deductible contributions. Although these Charities have completed this verification process, DONATESMARTER does not endorse, make any representations or warranties or assume any liability for these Charities.
For all donations made via the Website, all Donors agree that: (a) they will not use an invalid or unauthorized credit card to donate; (b) they are solely responsible for selecting the correct Charity for fundraising, volunteering or donating; (c) all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (d) designated donation amounts and processing fees will be charged to the credit card you use through your PayPal or Stripe account; and (v) all Donations are final and non-refundable.
Receipts. After completing a donation, you will be shown a donation confirmation page, and a confirmation e-mail will be sent to the e-mail address assigned to your Donor Account. You will receive an IRS compliant receipt reflecting donation at the time of the donation and a year-end statement of donations made through your Donor Account will be available for you to print out at any time by logging into your Donor Account. You may also access your donation history via the Website by logging into your Donor Account.
Disclosure. As laws regarding registration and disclosure evolve, DonateSmarter will endeavor to update its records and functionality required to provide proper disclosure according to State and recipient conditions. During registration, a charity is required to provide accurate and up to date language and for the requirements of their State and evidence of the same. DonateSmarter provides disclosure and State registration as a courtesy to charities who use the site and services and reserves the right to, but not the obligation to verify, validate or deny to display information supplied by a charity as DonateSmarter admin sees fit. State requirements change frequently. Charities are forced into a reactive role in terms of compliance with registration and disclosure requirements as they differ across multiple jurisdictions. DonateSmarter’s efforts to are to facilitate the conveyance of a charity’s proof of their claim of transparency and compliance as impacted by multiple state’s and federal requirements and as affected by support efforts initiated from independent individuals residing in and among various jurisdictions. DonateSmarter does not guarantee the accuracy of the information which the Charity enters as it falls under the influence of different laws and requirements from differing jurisdictions. The Charity and the Donor acknowledge and accept to hold DonateSmarter harmless and not liable for any inaccuracies, which may result from outdated disclosures and inaccurate registrations. Furthermore, Charities and Donors pledge to update their disclosure and registration information as it pertains to their specific State diligently, accurately, and adequately in mutual support of the DonateSmarter community.
Transaction Fees. When you make a Donation via the Website, the Donation will be deposited in the Charity’s PayPal or Stripe Account less (a) the applicable PayPal or Stripe Transaction Fee per the Charity’s Business Account Agreement with PayPal or Stripe and (b) the DONATESMARTER Transaction Fee. Each Donor has the option to increase the amount of his/her Donation to offset the above-referenced Transaction Fee. Donations will be made in US Dollars, and Transaction fees will be calculated in US Dollars.
- PayPal Fees. Visit PayPal for more information about applicable PayPal fees.
- Stripe Fees. Visit Stripe.com for more information about applicable Stripe fees.
- DONATESMARTER Fees. DonateSmarter, at this time, charges no transaction fee. But we reserve the right to disclose a fee and collect a fee in the future.
Charity Reviews. If you are a registered Donor, you may submit reviews of Charities (each a “Charity Review”) through the Website Charity Review feature to describe your personal experiences with such Charities, whether your experience is as a Donor or volunteer or otherwise. However, you agree and acknowledge that any Charity Review that you submit will comply with all of the following terms and conditions:
- Any Charity Review you submit must be truthful, made in good faith, and based on your personal firsthand experience.
- Your Charity Review can only describe your experience with that Charity.
- Donors may submit no more than one (1) Charity Review of a particular Charity in any thirty (30) day period.
- Any material connection between you and the Charity that is the subject of your Charity Review must be disclosed in the Charity Review. For example, if you are an employee, officer, volunteer, or client of the Charity or if you are being compensated for your time in posting the Charity Review, you must disclose that within that Charity Review.
- All Charity Reviews are further subject to the conditions and restrictions described in the User Responsibilities section above.
DONATESMARTER reserves the right, but not the obligation, to delete or disable any Charity Review that it determines, in its sole discretion, violates any requirements in these Terms. DONATESMARTER will not itself edit, revise, or modify the contents of a Charity Review; it will only remove a Charity Review in accordance with the foregoing.
By submitting a Charity Review, you acknowledge and agree that you may be contacted by DONATESMARTER to which/whom the Charity Review relates. A Charity may dispute the validity of factual statements within a Charity Review pertaining to it and may submit a complaint to DONATESMARTER. In such an event, DONATESMARTER reserves the right, but not the obligation, to open a Charity Review inquiry, remove the disputed Charity Review and/or require additional documentation from the Donor to determine whether the Charity Review should remain or be reinstated on the Website, all of which shall be subject to DONATESMARTER’s sole discretion.
Disclaimer Concerning Tax Deductible Nature of Donations. DONATESMARTER limits registration of Charities to those who have submitted documentation of their tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and requires them to agree that Donations raised via the Website will flow to the particular Good Works Project for which the Charity has requested them. Nevertheless, DONATESMARTER has no control over the ultimate disposition of the Donations raised and, therefore, makes no representation as to whether all or any portion of your donations, including, if any, transaction fees or payment processor fees (collectively, “Donations”) are tax-deductible.
DONATESMARTER will have no liability for any claim by any federal, state, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Donor, or any Charity. You should consult your tax adviser as to the amount of your donation that is tax-deductible.
Ownership Rights. The DONATESMARTER Content and the Website in its entirety (excluding User Content, Charity Content, and Advertiser Content) are the sole property of DONATESMARTER and/or its affiliates, licensors, or other Content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, displayed, distributed, reproduced, used or re-used for any purpose not expressly authorized in these Terms or with DONATESMARTER’s prior written consent. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or here-in-after developed.
Content on the Website may contain other proprietary notices or describe products, services, processes or technologies owned by DONATESMARTER or third parties. Except as expressly set forth and granted herein, your use of the Website shall not be construed as a license to use such material under any copyright, service mark, trademark, patent, or other intellectual property rights of DONATESMARTER or any third party. You shall not delete, obscure, or alter any copyright, service mark, trademark, or other proprietary notices on or from the Website or any Content.
User Limited License. You are granted a personal, non-exclusive, non-assignable, non-sub licensable, non-transferable, limited, revocable, license to access and use, and not to download (except for page caching) the Website for personal, noncommercial purposes, other than (a) for Donors to make donations to specific Charities via their Good Works Projects page(s) and (b) for Charities to use the Registration Wizard, create pages featuring the Charity and its Good Works Project(s) to solicit donations relating to such Good Works Project(s). Your use of the Website is subject to additional terms and conditions defined by our content providers ("Licensors"), which may be stipulated on relevant pages of the Website, which you accept by your use of the Website. This license is not a sale of any of the respective intellectual property owner's rights. This license does not include and strictly prohibits any resale of the Website or its contents; any collection and use of any listings, descriptions, or data other than as expressly authorized herein; any derivative use of the Website or their contents; any use of data mining, robots, or similar data gathering and extraction tools; any use of framing or framing techniques to enclose any portion of the Website; and the use of meta tags or “hidden text” utilizing any Content without the express written consent of the Content owner. Except as otherwise expressly provided herein or with the Content owner’s prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any Content in any other computer, server, website, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other forms that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged using the Website in any electronic network for use by more than one user unless you obtain prior written permission from DONATESMARTER. Your breach of this license shall immediately terminate your license and rights granted hereunder, may subject your account to immediate suspension and/or termination, and may subject you to civil and/or criminal prosecution.
Ownership Rights in Your Content. Except as provided in the following paragraph, DONATESMARTER acknowledges and agrees that it claims no ownership or control. It does not obtain any right, title or interest from you under these Terms in or to your Content, including any intellectual property rights that may subsist in your Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights you already hold in your Content, and you are solely responsible for protecting and enforcing those rights.
DONATESMARTER License. By creating, posting or displaying any Content on or through the Website you give DONATESMARTER a worldwide, royalty-free, non-exclusive, sub-licensable (through multiple tiers), and transferable license to license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Content for the sole purpose of enabling DONATESMARTER to provide you with the Website, including storing your Content on its servers, including without limitation for promoting and redistributing all or part of the Website in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of the Website a non-exclusive license to access any of your Content that is not password protected through the Website. The above licenses granted by you in your Content terminate within a commercially reasonable time after you remove or delete your Content from the Website. You understand and agree, however, that DONATESMARTER may retain (but not distribute, display, or perform) server copies of your Content that has been removed or deleted.
User Submissions. Some of the features of the Website may allow users to view, post, publish, share, store, or manage ideas, opinions, recommendations, reviews, comments, or advice (“User Submissions”). You acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate DONATESMARTER to treat your User Submissions as confidential or secret.
- DONATESMARTER reserves the right (but not the obligation) to review, edit and/or remove User Submissions.
- DONATESMARTER has no obligation, either express or implied, to develop or use User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
- DONATESMARTER may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Without limiting the preceding, by contributing or submitting any User Submissions to the Website, you warrant that you are the author and owner of the intellectual property rights to it or have the appropriate license and sub-license rights from the owner. You grant DONATESMARTER a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to DONATESMARTER to sub-license any and all of the foregoing rights to third parties, in all cases without compensation to you. Also, you warrant that you have voluntarily waived all "moral rights" that you may have in those materials. None of the materials shall be subject to any obligation of confidence on the part of DONATESMARTER, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents, and representatives. DONATESMARTER reserves the right to change, condense or delete any content on the Website that DONATESMARTER deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. You should also note your obligations to indemnify DONATESMARTER (among others) for your User Submissions and/or Content as outlined in the Indemnification section below.
Lawful Use of Website. The Website may be used only for lawful purposes. By using the Website, you represent, warrant and agree that you will not use or assist others in using the Website for any purpose or in any manner that is prohibited by the Terms or by law, including without limitation, applicable international, national, state, and local laws, regulations, rules, and ordinances, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false or misleading advertising, unfair or deceptive trade practices, infringement of intellectual property, protection of privacy and other laws. It is your responsibility to ensure that your use of the Website and any Account complies with this paragraph and the Terms.
Content Posted by You. You, not DONATESMARTER, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available using the Website, including but not limited to its legality, appropriateness, and non-infringement of third party intellectual rights. By submitting (or uploading) Content to the Website, you warrant and represent that you own the copyright for the Content or have received permission to submit the Content from the copyright owner(s) and that your Content in all other respects complies with the Terms.
Backing Up Your Content. You acknowledge and agree that DONATESMARTER has no responsibility or liability for the deletion or failure to store your Content and other communications maintained or transmitted through use of the Website and that you are solely responsible for securing and backing up your Content.
Specific Prohibitions. While using the Website, you shall not do any of the following:
- Respond to any commercial opportunity on the Website for any reason other than to utilize the products or services offered.
- Sell or lease any advertisement space to be used in or in connection with the Website or place or display any advertisement in the Website without the prior express consent of DONATESMARTER.
- Post, publish, advertise, or transmit any incomplete, false, or inaccurate information.
- Impersonate any Charity, Donor, person, or other entity or falsely state or otherwise misrepresent your affiliation with a Charity, Donor, person, or other entity in whatever form.
- Send unsolicited e-mail, telephone calls, mailings, or other material to any other Charities or Donors of the Website.
- Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
- Post or transmit any Content that includes any information that references other websites, addresses, email addresses, contact information, phone numbers, or other personal information such as credit card numbers.
- Use the Website’s communications features in a manner that adversely affects the availability of its resources to other Charities or Donors (for example, continuous posting of repetitive or duplicative text).
- Upload, publish, display or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
- Post or transmit any Content that encourages or solicits criminal activity or that assists in any way in committing criminal activity.
- Upload or transmit any Content that infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
- Delete any attributions, legal notices or proprietary designations or labels from any Content that you upload to any portion of the Website.
- Delete or revise any material posted by any other person or entity in whatever form.
- Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, such as opinions or notices, commercial or otherwise.
- Post or transmit any Content that contains a virus, worm, Trojan horse, or any other malicious or corrupting code or data.
- Use any device, software, or routine to interfere with the proper operation of the Website or any activity being conducted on the Website, including by any other Donor or Charity.
- Attempt to decipher, disassemble, copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of any of the software comprising, creating, or in any way making up a part of the Website or any part thereof, unless this is expressly permitted or required by law, or unless you have been told explicitly that you may do so by DONATESMARTER, in writing (e.g., through an open-source software license)
- Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
- Attempt to restrict, inhibit, or interfere with any other person’s ability to use or enjoy the Website.
- Post on or transmit through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws.
- Use any robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents, and other "bots" that are not Standard for Robot Exclusion (SRE)-compliant robots ("robots").
- Access the Website by any means other than through the interface provided by DONATESMARTER.
- Access or use the Website to collect information about website visitors.
We reserve the right to terminate or suspend your access to and use of the Website, without notice, if we believe, at our sole discretion, that it violates these Terms, it violates any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of these Terms for any reason, whether by you or by DONATESMARTER, you agree to promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Terms or otherwise. DONATESMARTER's licensing rights to any Content shall survive any termination of these Terms.
Web Security Rules. All Website visitors are prohibited from directly or indirectly violating or attempting to violate the security of the Website, including, without limitation,
- Accessing data not intended for his/her/their access or logging into a server or account that he/she/they are not authorized to access.
- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to Website or any DONATESMARTER server, or any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- Attempting to probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- Attempting to reverse look-up, trace or seek to trace any information on any other Website visitor to its source, including any Donor Account or Charity Account not owned by you.
- Attempting to exploit the Website or any service or information made available or offered by or through the Website to reveal any other person’s personal information.
- Attempting to disable or circumvent any security mechanisms used by the Website.
- Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or DONATESMARTER’s systems.
- Attempting to interfere with service to any Website visitor or user, host or network, including, without limitation, via overloading, "flooding," "mailbombing," or "crashing."
- Posting, transmitting or uploading to or through the Website any code or programming that performs a malicious activity, including but not limited to spamming Website visitors or users, harvesting Donor and/or Charity names and passwords, or performing unauthorized scans of machines or ports.
- Posting, transmitting or uploading to or through the Website any code or programming that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of DONATESMARTER or any third party, including, Donors, Charities, other Website visitors, or any communications carrier.
- Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to or via the Website.
- Using any “deep-link,” “page-scrape,” “robot,” “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from DONATESMARTER on the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Google Chrome, Opera, Safari, etc.).
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
Actual or attempted violations of the Website or network security may result in immediate termination of access to the Website, your Account, and/or civil or criminal liability. DONATESMARTER reserves the right to investigate occurrences that may involve violations of the Terms and to contact and/or cooperate with law enforcement authorities in prosecuting any persons involved in any actual or attempted violations of the Terms as appropriate.
Additional Reservation of Rights. DONATESMARTER expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Website or to any Account that it deems necessary, in its sole and absolute discretion, to correct mistakes made by DONATESMARTER in offering or delivering any aspect of the Website, to protect the integrity and stability of, and correct mistakes made by, any domain name registry, to comply with applicable local, state, national and international laws, rules and regulations, to comply with requests of law enforcement, including subpoena requests, to comply with any dispute resolution process, to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit or to avoid any civil or criminal liability on the part of DONATESMARTER, its officers, directors, employees, agents, and affiliates.
Links to Website. You may provide a hypertext link to the Website on another website, provided that your link is generated by the DONATESMARTER website solely for your use in the specific application arrange within the site or must be a text-only link, marked "DONATESMARTER Website." Your link must "point" to the URL www.DonateSmarter.com OR directly to your good works project page as the URL appears for your specific good works project page (http://www.DonateSmarter.com/charity/showProject/16). Your link must be a text-only link, marked "ProjectName on DONATESMARTER," and not to other pages, graphics or images within the Website or to projects that do not belong to you, the appearance, position and other aspects of your link may not be such as to damage or dilute the goodwill associated with the name and trademarks of DONATESMARTER and its affiliates, the appearance, position and other aspects of your link may not create the false appearance that any person or entity other than DONATESMARTER and its affiliates is associated with or sponsored by DONATESMARTER or its affiliates, your link when activated by a user, must display the Website on a full screen and not within a "frame" on the linking website. You do not directly or indirectly cause any portion of the Website to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. DONATESMARTER and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms or providing notice to the operator of a website containing the link. DONATESMARTER must expressly approve all other hypertext links to the Website in advance and writing. Without limiting the generality of the foregoing, Charities may provide hypertext links directly to their specific Charity pages and/or Good Works Pages, provided that such links comply with this paragraph in all other respects.
Monitoring. DONATESMARTER reserves the right, but not the obligation, to screen, monitor, review, flag, filter, modify, refuse or remove any Content or other material residing on or transmitted using the Website for any purposes as DONATESMARTER may deem reasonably necessary or appropriate in its sole determination, including without limitation, to comply with any applicable law, regulation, rule, or other government requests, enforce these Terms or Additional Terms, and/or operate the Website or protect DONATESMARTER and its Website visitors or users. Without limiting the preceding, DONATESMARTER reserves the right to directly take down any Content that violates these Terms, any Additional Terms, or applicable law or regulation. If DONATESMARTER is advised of the existence of defamatory, infringing, or illegal content, DONATESMARTER may investigate such claims and determine in our sole discretion whether to remove such content from the Website. For additional information concerning infringement claims, please refer to our Copyright Policy.
Any Website user or visitor who feels that posted Content is objectionable is encouraged to contact us immediately by e-mail to david@DonateSmarter.com or via the Contact Us page. We can remove objectionable Content, and we will attempt to do so within a reasonable time frame if we determine that removal is necessary and appropriate. However, this is a manual process, so please keep in mind that we may not be able to remove or edit particular Content immediately.
DONATESMARTER is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any Content provided by another information content provider on the Website or through any interactive features of the Website.
Export Controls. The Website is subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively “U.S. Export Laws”). You shall not export or re-export, or allow the export or re-export of, any aspect of the Website in violation of any U.S. Export Laws.
Content and Materials. You understand and agree that the information on this Website is for informational purposes and that it is your ultimate and sole responsibility to evaluate and bear all risks associated with your use of the Website or any Content, functions, services, or features available on or through the Website. You understand and agree that DONATESMARTER is not responsible or liable in any way (directly or indirectly) for the Content or materials posted, uploaded, or transmitted (publicly or privately) by, or the business practices of, any Charity, Donor, or other third parties. You agree that understand that all Content is the sole responsibility of the person from whom such Content originated and that DONATESMARTER has no responsibility to you or any third party for such Content or your reliance thereon.
No Legal, Tax, or Accounting Advice. The Website, its Content, and related information are general and intended for informational purposes only. It is not to be construed in any way as tax or legal advice. You should consult with a trained professional familiar with the laws and regulations of your area for specific advice.
No Endorsement. Nothing on the Website, or in newsletters, advertising, or other content from DONATESMARTER, shall be directly or indirectly deemed to be an endorsement, representation, or warranty by DONATESMARTER regarding any Charity, Donor or another third party, whether in connection to its stated mission, any specific Good Works Project(s), websites, products, services, business practices, fulfillment use of donations or otherwise.
Prohibition on Use. The use of the Website is unauthorized in any jurisdiction that does not give effect to all of the Terms. Any offer for any feature or service made on the Website is void where prohibited. Not all features, products or services discussed, referenced, provided or offered through or on the Website are available or appropriate for all persons or in all geographic locations. DONATESMARTER reserves the right to limit, in its sole discretion, the provision of any feature or service to any person or geographic area. DONATESMARTER makes no claims or representations that the Website may be lawfully viewed or downloaded outside of the United States. You access and use the Website at your own risk. You are solely responsible for compliance with the laws, regulations, rules, and any other requirements (in whatever form) of your jurisdiction.
You agree that you will hold harmless DONATESMARTER, its affiliates, and the respective shareholders, officers, directors, employees, agents, licensors, and suppliers of DONATESMARTER and its affiliates from any and all claims, actions or demands, including without limitation any legal and accounting fees, arising out of or related to (a) your breach of these Terms, including claims by third parties arising out of your transmission or posting of any Content, your use of or connection to the Website, or your violation of any third party rights, (b) your access or use of, or your inability to access or use, the Website or from any Content, materials, services, information or links made available in conjunction with the Website, including without limitation any claims that such items were obscene, offensive, defamatory or infringing upon your intellectual property rights. In no event will DONATESMARTER or its affiliates be liable to you or anyone else for any decision made or action taken by you in reliance on such items or for any consequential, special or similar damages, even if advised of the possibility of such damages.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, WHETHER AS DONOR, CHARITY OR VISITOR, IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DONATESMARTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DONATESMARTER SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DONATESMARTER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS, PRACTICES OR SERVICES REVIEWED ON THE WEBSITE OR OBTAINED USING THE WEBSITE, OR THAT DONORS OR CHARITIES WILL PERFORM AS PROMISED BY THEM.
DONATESMARTER MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS WELL AS ANY ADVERTISEMENTS, REVIEWS, OR OTHER INFORMATION, WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (E) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, AND (F) MATERIAL ACCESSIBLE FROM THE DONATESMARTER WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
DONATESMARTER ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS, REVIEWS AND INFORMATION POSTED ON THE WEBSITE BY OTHERS. WITHOUT LIMITING THE FOREGOING, NO ADVICE, REVIEWS, OPINIONS, DATA, ADVERTISEMENTS OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY CHARITY, ANY DONOR, DONATESMARTER OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY FROM DONATESMARTER TO YOU NOT EXPRESSLY STATED IN THE TERMS.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST DONATESMARTER AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE WEBSITE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU OR ANY OTHER PERSON, DONOR OR CHARITY POSTS ON THE DONATESMARTER WEBSITE OR FOR ANY OTHER REASON.
YOUR SOLE REMEDY WITH RESPECT TO DONATESMARTER FOR ANY OF THE FOREGOING IS TO STOP USING THE WEBSITE.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DONATESMARTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DONATESMARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (A) THE USE OR THE INABILITY TO USE THE WEBSITE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, TRUTHFUL, NON-MISLEADING, ACCURATE AND/OR CURRENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY OTHER WEBSITE USER ON OR THROUGH THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO EITHER THE WEBSITE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE.
EXCLUSIONS FROM LIABILITY LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF LIABILITY AND/OR DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. FURTHER, IF ANY DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN DONATESMARTER'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF THAT PERSON’S COST FOR USING THE WEBSITE OR U.S. $100.00.
If you are a California resident, by using the Website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."
Modification. DONATESMARTER shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms are the currently applicable provisions that govern your use of the Website. By using the Website, you have agreed to and accepted all of such Terms without modification or reservation by you.
Termination. DONATESMARTER reserves the right, at any time and without notice, to modify, change, suspend or terminate operation of or access to all or part of the Website and any applicable policies or terms, for any reason, to interrupt the operation of all or part of the Website, as DONATESMARTER deems appropriate to perform routine or non-routine maintenance, error correction, or other changes.
Waiver. A waiver of any obligation or right under these Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under these Terms. Moreover, any failure by DONATESMARTER to insist on or enforce strict performance of these Terms shall not be construed as a waiver by DONATESMARTER of any provision or any right it has to enforce these Terms, nor shall any course of conduct between DONATESMARTER and you or any other party be deemed to modify any provision of these Terms.
Applicable Law. The Website is created and controlled by DONATESMARTER in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms, or any disputes that arise hereunder or relate in any way to the Terms, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.
Disputes: Except for disputes arising from an alleged violation of intellectual property rights, for which the injured party may suffer irreparable harm and may seek injunctive or equitable relief and/or legal remedies, all disputes arising out of or related to this Website and the Terms, including the scope, the construction or application of the Terms, shall be resolved by confidential mediation, which shall be held in Brevard County, Florida, USA.
Venue. In the event that mediation results in an impasse or in the event of an alleged violation of intellectual property rights, you consent to the mandatory and exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the county of Brevard, State of Florida, U.S.A.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Equitable Relief. You acknowledge that monetary damages may not be a sufficient remedy for the breach of these Terms by you and that DONATESMARTER shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of these Terms by you, it will not be necessary to prove monetary damages, and irreparable harm will be presumed.
Headings. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.
Severability. If any part of these Terms is found by a court of competent jurisdiction to be invalid, you agree nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms, which are intended to remain in full force and effect.
Successors and Assigns. These Terms are binding upon and shall inure to the benefit of the heirs, successors, and permitted assigns of the respective parties, as well as to any parent company and/or subsidiaries of DONATESMARTER.
Entire Agreement. These Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Website or the Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Website may permit the submission of materials, images and other content created by third parties, including comments and other text, video clips, and photographs and other images submitted by you and other Donors, Charities or other persons (collectively "Materials") and the hosting, sharing, and/or publishing of such Materials. You agree to be solely responsible for your Materials and for any consequences associated with posting or publishing them.
In connection with Materials, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize DONATESMARTER to include your Materials as contemplated by DONATESMARTER and these Terms.
DONATESMARTER does not permit copyright infringing activities on the Website. DONATESMARTER abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove any Materials if properly notified that such Materials infringe on another's intellectual property rights.
Also, DONATESMARTER reserves the right to remove Materials without prior notice. DONATESMARTER will also terminate any person’s access to the Website if he or she is determined to be a “Repeat Infringer.” A Repeat Infringer is a person who has been notified of infringing activity more than twice and/or has had Materials removed from the Website more than twice.
DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit DONATESMARTER to locate the material;
- Information reasonably sufficient to permit DONATESMARTER to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DONATESMARTER's designated Copyright Agent to receive notifications of claimed infringement is: David G. Drake, 318 Banyan Way Melbourne Beach, FL 32951, email: david@DonateSmarter.com, telephone: (774) 238-0691, fax: 321 420 1561 For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DONATESMARTER customer service at webmaster@DonateSmarter.com or by contacting us via the Contact Us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
DMCA Counter-Notice. If you believe that your Materials that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Materials, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Materials that have been removed or to which access has been disabled and the location at which the Materials appeared before they were removed or disabled;
- A statement that you have a good faith belief that the Materials were removed or disabled as a result of mistake or a misidentification of the Materials; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Brevard County, Florida, U.S.A., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DONATESMARTER may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Materials or cease disabling them in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Materials provider, member or user, the removed Materials may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at DONATESMARTER's sole discretion.
COPYRIGHT NOTICE. Copyright© 2011 It Matters to This One LLC. All rights reserved. Any rights not expressly granted herein are reserved.
Any Personally Identifiable Information collected by DONATESMARTER will be safeguarded to protect against unauthorized access using generally accepted industry standards. DONATESMARTER stores your personal information in an encrypted computer database on dedicated servers that allow only limited access. DONATESMARTER employs commercially reasonable efforts to protect this information from loss, misuse, and other unauthorized disclosure, alteration, or destruction.
What Is Collected & How Do We Use It. You can visit certain pages located on the Website without creating an Account and without providing any personal data to us. However, many pages and features of the Website are only accessible to registered Charities and/or Donors, including the ability to create Charity pages, Good Works Projects, and Fundraising Events, to make donations to Charities via the Website, and to post reviews of Charities. To access pages and features requiring registration, you will be required to create either a Donor Account or a Charity Account, depending on the page or feature you wish to access, by completing the relevant registration form and creating a log-in name and password.
If you create an Account, DONATESMARTER may collect certain Personally Identifiable Information when you register, including without limitation your name, e-mail address, mailing address, age range, security question and answer (for forgotten password or user name retrieval or other security verification), and other basic contact information. If you choose to take advantage of available social plug-ins, if any, you will be asked to provide information about your relevant social networking accounts, for example, your Facebook User ID.
Certain sections of the Website include forms on which you may choose to supply personalized information that will enable you to receive individualized services or features that we do not offer anonymous users. You can always choose not to provide information; however, if you do choose not to provide such information, you will not be able to take advantage of certain features of the Website.
The Website may offer features that allow you to receive electronic notices about updates to the Website or to specific Charity, Good Works Projects, Fundraising Events, promotional announcements, new or improved features and services, and other information or to permit you to subscribe to newsletters, magazines or other subscriptions. If you elect to take advantage of any of these or similar features, we will collect certain Personally Identifiable Information, which may include without limitation your name, e-mail address, phone number, confirmation of age and other necessary contact information.
The Website may offer contests, sweepstakes or other games or promotions. If you choose to participate in these promotions, you may be asked to provide certain Personally Identifiable Information, such as name, phone number, e-mail address, or other contact information, so that we can contact you if you are determined to be a potential winner or for other reasons related to the promotion. Depending on the particular promotion, you may be asked to provide Personally Identifiable Information in addition to, and different from, the information required during information. Finally, we may announce or post names for rankings, winner announcements, and other promotion-related purposes. Please consult the specific Official Rules for such promotions for specific information about any such additional or different information collection or uses. We will post the Official Rules for each promotion.
Certain forms on various pages throughout the Website may ask Charities and Donors and other visitors to voluntarily provide a limited amount of demographic information or to complete online surveys that ask you for demographic data, such as your zip code, age or income or educational level. Providing such demographic information and participating in such surveys or other research are always voluntary. DONATESMARTER aggregates the responses we receive before using the information to improve the features and services we offer. We do not link your individual responses to your Personally Identifiable Information at any time. DONATESMARTER uses this information for internal marketing research to help us better serve our Charities, Donors, and other visitors and continually improve the features and services available on the Website.
If you voluntarily opt-in or request to receive any marketing or promotional materials of any kind from us, you agree thereby to opt-in to our marketing database, and you expressly agree that DONATESMARTER may send you promotional materials regarding its features and services. Such promotional materials may include, without limitation, advertisements and content (including but not limited to alerts), via electronic messages to the e-mail address(es) you provide to us during the registration process, and from time to time via other methods. You can opt-out of receiving these promotional communications at any time by following the instructions in the e-mail.
DONATESMARTER may also use your e-mail address to contact you to verify and/or update any information related to services, features, or transactions that you have requested via the Website. Although you may opt-out of the promotional e-mails as noted above, you should be aware that, that as long as you use our services or features or otherwise maintain a business relationship with us, you may not opt-out of receiving communications from us relating specifically to those services or features or that business relationship.
Application Usage/Provider Products. While accessing and operating software or other features that we make available to you on or through the Website, such software or feature may record general statistical and tracking information, such as the date and time you access the software or feature and the time that you have spent using it. Our feature or software may transfer this information to our servers, and such information is used by us or on our behalf for internal resource management purposes. DONATESMARTER also may collect statistics about the behavior by Donors, Charities, and other visitors on the Website. DONATESMARTER uses information collected for a variety of feature and service-related purposes, including without limitation, services, or features provisioning and assessment for future service improvements.
Other Information. We collect additional information about how you use and access the Website to analyze trends, administer the Website, track navigation on the Website by visitors and gather broad demographic information for aggregate use, which enables us to improve the Website by making it more accessible and easier to navigate. For example, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses and other generally-accepted log information. IP addresses are not linked to Personally Identifiable Information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other visitors in order to understand how the Website is being used.
Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your computer, you will not be able to make Donations through the Website, may not be able to access other features of the Website, and other features or parts of the Website may not function properly or offer you the same degree of personalization.
A “referrer” is the information passed along by a web browser that references the Web URL you linked from and is automatically collected by the server for the Website. We may collect and use this information to understand the websites referring traffic to the Website and to present appropriate content to our potential visitors. We may tabulate referrer information on an aggregate basis to identify trends and traffic patterns.
We use IP addresses to analyze trends, administer the Website, track navigation of the Website, and gather broad demographic information for aggregate use. IP addresses are not linked to Personally Identifiable Information.
DONATESMARTER may share aggregated demographic information with our Charities and other partners. This is not linked to any personal information that identifies any individual person. DONATESMARTER also may use your profile information to create personalized content, offers, and services.
Children Under 13. DONATESMARTER does not target children under the age of 13 and does not offer or knowingly sell any of its features or services to children. DONATESMARTER does not knowingly collect any personal information about children under the age of 13.
Other Disclosure. From time to time, we may use your e-mail address to contact you regarding your Account, to announce new features or services that may be available via the Website, and to verify and/or update any information in or related to your Account. We may send e-mails and/or postal mailings to new and/or existing Charities and/or Donors with information regarding their specific features or services. Periodically, we will send news and information to Charities, Donors and other persons who have expressed interest in receiving promotional information about us and our services. You can opt out of receiving these promotional communications by logging into your Account and updating your preferences for that Account via your Dashboard. Please note, however, that as long as you maintain an Account, or use any of our online features or services, or otherwise maintain a business relationship with us, you may not opt-out of receiving communications from us relating specifically to such Account or those features and services or that business relationship.
We may disclose any or all of your Personally Identifiable Information if we are required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on us (for example, under a subpoena, court order or other regulatory requirement or to maintain or protect the security of the Website); (b) protect and/or defend our rights or property (including our rights in any software that is licensed or made available for use through the Website) or other legal interests or of any Charity, Donor or other visitor to the Website or other person; or (c) act in urgent circumstances to protect the safety of the public or of any Charity, Donor or other visitor to the Website or other person. If we receive legal process calling for the disclosure of any of your Personally Identifiable Information we will attempt to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not allowed or there is not sufficient time prior to the required response deadline.
Change in Ownership or Business Transfers. As we continue to develop our business, we might sell or buy assets. We shall be entitled to transfer to a third party information that we maintain, including any Personally Identifiable Information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Website or a business in connection with which such information is maintained.
Use of Third Parties/Service Providers. DONATESMARTER may employ third parties or other companies to assist us in providing certain services, features, and communications to you, and otherwise to perform functions on our behalf, such as processing and fulfilling online requests, shipping or delivering packages, providing customer service, sending print and electronic mail, removing repetitive information from e-mail lists, maintaining and analyzing information collected and/or stored via the Website, measuring the effectiveness of promotions and e-mails, performing analyses of the activities of Charities, Donors, and other visitors on the Website, serving images via the Website, processing subscriptions and other transactions via the Website, and fulfilling other functions necessary to our business.
If we utilize third-party vendors or companies to provide any of the services described above or similar services, we may need to share your Personally Identifiable Information with them to enable those companies to perform their obligations. However, we will provide these companies only with that information necessary to perform their functions on our behalf, and we will not authorize them to use your Personally Identifiable Information for any other purpose. In such an event, these companies are required to agree, in writing, that they will abide by the privacy statement and privacy standards implemented herein, including the relevant confidentiality and security provisions.
Security. DONATESMARTER uses secure connections during the transmission of login, registration, and account information. This means that information collected through those pages dealing with sign in, registration and account information, is encrypted before it is sent over the Internet between your computer and DONATESMARTER computers. The technology used is called Secure Socket Layer (SSL). Through the use of this technology, your information collected through those pages dealing with sign in, registration and account information is encrypted on your computer, sent through the Internet as jumbled code and decoded on either DONATESMARTER's secure server or the systems of the third party contracted to provide the service in question. You can verify that the connection is secure because you will see a key or a padlock at the bottom of your browser. Another identifier of a secure connection is the URL (or website address); the address will change from http://www.DonateSmarter.com to https://www.DonateSmarter.com when a secure connection is in place.
However, while we employ data encryption technology, you should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings. Consequently, we cannot guarantee that any Personally Identifiable Information transmitted will be prevented from being viewed or used by any particular person, and therefore, you agree to hold us harmless from and against any injury, financial or otherwise, that results from such unauthorized viewing or use. Moreover, e-mails sent to us over the Internet are susceptible to detection, decryption, eavesdropping, or tampering. Thus, you agree to hold us harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of e-mails.
In addition, you must take steps to maintain the security of your private information by keeping your password and other personal information confidential. It is essential for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Optional and Voluntary Disclosure of Information. When you use the Website, you may choose to send and receive messages (including private messaging), participate in chat rooms, discussion boards, blogs and other online communications features that may be available on the Website, set up and personalize your Donor profile or your Charity profile, Good Works Projects or Fundraising Events, and to transmit information through various channels. In doing so, the information that you voluntarily provide will be accessible or viewable by other visitors to the Website and could be used to send you unsolicited messages. Your voluntary disclosure of such Personally Identifiable Information on or through the Website is at your own risk. Although some features may allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that unauthorized persons will not view personally Identifiable Information that you voluntarily post on the Website. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of such information may remain viewable in cached and archived pages or if other visitors to the Website have copied or stored your Personally Identifiable Information.
Updating Your Information. After registering your Account, you can view and modify certain Personally Identifiable Information by logging into your Account and accessing your Account Dashboard. In addition, we provide you with the ability to decline -- or “opt-out of” -- certain mailings and other materials that you previously requested or to which you have previously subscribed. For these materials, you will be able to specify whether you wish to opt-out by following directions provided either in the e-mails themselves or in your Account Dashboard area. Finally, if you request, we will remove your name and other Personally Identifiable Information from our active databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name and other Personally Identifiable Information from our database, please create an e-mail with the term “Unsubscribe” in the subject line, and send the e-mail to unsubscribe@DonateSmarter.com . As an alternative, you may write to us with your request, at the mailing address as follows: “E-mail Removal List,” DONATESMARTER, 318 Banyan Way Melbourne Beach, FL 32951, specifying each e-mail address you wish to remove from our database. You will be removed from our databases generally within ten (10) business days of our receipt of your request. You may also request to review or amend any Personally Identifiable Information that we maintain about you by sending a written request to the same address with the same information above, as well as a means for us to contact you regarding your request, subject to our verification of your identity.