- “Campaign” is a fundraising project created using our Service, either to collect money for or on behalf of an Organization.
- “Campaign Owner” is the individual, working on behalf of an Organization that created the Campaign. Campaign Owners have access to features and tools for their Campaign including but not limited to tracking Contributions made to their Campaign, and editing details of their Campaign. Campaign Owners may grant access to the features and tools of the Campaign to Users and the Users are subject to these Terms as agreed to by the Campaign Owner. If a Campaign Owner chooses to transfer or share ownership of their Campaign with another User, that User becomes a Campaign Owner and they will assume the aforementioned access and responsibilities.
- “Donation” is any financial transaction that benefits the Campaign.
- “Donor” is any individual or organization that contributes money to a Campaign.
- “Organization” may be a school, church, or other nonprofit social entity that has a collective goal and wants to raise money use the FoundationGIVE Platform.
- “User” is any individual who has accepted the Terms by using the Service or by contributing to a Campaign.
You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
Organizations involved in a Campaign must be a school, school district, public school foundation, church, or other valid 26 U.S.C. § 501(1)(c)(3) tax exempt entity in good standing with the Internal Revenue Service.
The Services are an administrative platform only. FoundationGIVE facilitates the Donation transaction between Organizations and Donors, but is not a party to any agreement between a Campaign Owner and a Donor, or between any User and a Campaign. FoundationGIVE is not a broker, agent, financial institution, creditor or insurer for any User. FoundationGIVE has no control over the conduct of, or any information provided by, a Campaign or Campaign Owner and FoundationGIVE hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
FoundationGIVE does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. FoundationGIVE does not endorse any Campaign or Campaign Owner and we make no guarantee, explicit or implied, that any information provided through the Services by a User is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Owner.
We do not and cannot verify the information that Campaign Owners supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Owner. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign or Campaign Owner, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms and Conditions, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Owner or Campaign is not raising or using the funds for their stated purpose, please contact us at: Mike.Kuhl@nelnet.net to alert our team of this potential issue and we will investigate. You, as a Campaign Owner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize FoundationGIVE, and FoundationGIVE reserves the right to, provide information relating to your Campaign with Donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
You agree to pay all fees incurred by you during your use of the Services.
In order to contribute to a Campaign, a Donor will be required to provide FoundationGIVE with information regarding a credit card or other payment instrument. You, as a Donor, represent and warrant to FoundationGIVE that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless FoundationGIVE, in its sole discretion, agrees to issue a refund.
All Donations to an Organization will be available to the Organization within forty-eight (48) business hours of a Donor making such Donation.
As a Donor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. The Company does not guarantee that Donations will be used as promised or that the Campaign will achieve its goals. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Donation, or the truth or accuracy of content posted on the Service.
TAX TERMS FOR DONORS
By using this Service to facilitate a contribution to an Organization through a Campaign, you understand that your contribution is being made directly to such Organization. Deduction of charitable and other nonprofit contributions is governed by Internal Revenue Service (“IRS”) rules. You and the Organization to which you are contributing are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. FoundationGIVE makes no representations as to your legal rights or obligations and you should not rely on FoundationGIVE for legal advice. We recommend you consult with legal counsel if you have any questions regarding your contributions.
TAX TERMS FOR CAMPAIGNS
The Campaign Owner is solely responsible for:
- understanding that taxing authorities may classify funds raised through the Service as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the Campaign.
- paying all fees and taxes associated with the use of the Service.
- retaining and issuing any documentation necessary for a Donation in connection with IRS regulations or other applicable financial or tax regulations. The Company encourages Campaign Owners to consult with a licensed tax advisor from their local jurisdiction when planning a Campaign so that they understand and prepare for the tax obligations that may incur from the funds raised.
To comply with federal, state and local laws, the Campaign Owner must provide the Company with proof that the Organization has clearly authorized the Campaign Owner to act on its behalf and complete the FoundationGIVE Merchant Processing Agreement on behalf of the Organization. To apply to accept funds on behalf of another Organization, the Campaign Owner m The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Donation, or the truth or accuracy of content posted on the Service.
In addition to the activities listed in the Conduct section below, Campaign Owners are also not allowed to act in any way that violates national, regional and local laws related to online commerce. In particular, by example and not limiting the definition in any way, Campaign Owners cannot run online contests, lotteries, raffles, pyramid schemes, gambling activities or any other form of prohibited financial activity using the Service.
In using the Service, you understand that you are liable for all information or services, in whatever form, that you make available to other Users. You agree not to use the Service to: upload, post, email, transmit or otherwise make available any information, products or services, that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- upload, post, email, transmit or otherwise make available any information or services that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any information or services that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, province, state, national or international law; or
- stalk or otherwise harass another.
The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the content and/or the website itself are owned or licensed by FoundationGIVE. Except as expressly provided herein, neither FoundationGIVE nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. Except as expressly authorized by the Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part. You agree not to infringe or challenge any of the intellectual property rights associated with content and/or Website. FoundationGIVE reserves the right to block, disable, or otherwise remove any materials from Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement or for any other reason.
Under no circumstances will FoundationGIVE be liable in any way for any content or materials of any third parties (including users and Campaign Owners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that FoundationGIVE does not pre-screen content, but that FoundationGIVE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, FoundationGIVE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by FoundationGIVE, in its sole discretion, to be otherwise objectionable.
With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant FoundationGIVE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless FoundationGIVE and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of FoundationGIVE in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or FoundationGIVE's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to FoundationGIVE are non-confidential and FoundationGIVE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that FoundationGIVE may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FoundationGIVE, its users or the public.
If you believe that any content or materials on the Website infringe your copyrights, contact FoundationGIVE’s copyright agent, who can be reached by mail at: FoundationGIVE, 121 S 13th Street, Suite 100, Lincoln, NE 68508 or email at: Mike.Kuhl@nelnet.net To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- 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 at the Website are covered by a single notification, a representative list of such works;
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the signing 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 the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe.
You agree to defend, indemnify, and hold FoundationGIVE harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, (including, but not limited to, attorneys' fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. FoundationGIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. FoundationGIVE MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. FoundationGIVE USES REASONABLE EFFORTS TO INCLUDE ACCURATE, AND UP-TO-DATE INFORMATION ON THE SITE. FoundationGIVE IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS.
LIMITATION OF LIABILITY
BY USING THE SITE, YOU AGREE THAT FoundationGIVE WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FoundationGIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FoundationGIVE’S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT THIS AGREEMENT OR YOUR USE OF THE FoundationGIVE PLATFORM SHALL BE $100.00.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR THIRD-PARTIES, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “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.”
ASSUMPTION OF THE RISK
Your interactions with Users or other third parties (including Campaigns, Organizations, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that FoundationGIVE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
MODIFICATION OF SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that the Company, in its sole discretion, may terminate your use of the Service, and remove and discard any information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any Service fees or other moneys due the Company, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Information and/or bar any further access to such files in the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Service.
LINKS AND THIRD PARTY WEBSITES/SERVICES
The Company, or Organizations through their Campaign Owner, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notice to you may be made via either email or regular mail. The Company may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is: FoundationGIVE 121 S. 13th Street, Suite 100 Lincoln, NE 68508 Governing Law: Information on the Site includes services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Nebraska, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Nebraska, Lancaster County. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.