Important – This is a legal agreement between you and Donors Unite Management Corp. (“the Company” “we” or “us” or “our”). The websites, located at www.donorsunite.com and www.donorsunite.org (collectively the “Website”) are owned and operated by the Company. This Website provides users with access to information – including information related to charities – works of authorship, and other content, as well as to a variety of services, including the ability to purchase pre-designated and undesignated charity gift cards (the “Services”).
DESCRIPTION OF SERVICE
The Website allows users to purchase gift cards that are pre-designated to benefit certain charities, and to purchase undesignated gift cards that allow the gift card recipients to redeem their charity gift cards and designate the charitable beneficiary. The Website also allows charities to register an account and become members of the Company, which will provide them with access to specialized tools and resources.
The Company is a technology platform that works with Donors Unite, an independent, 501(c)(3) tax-exempt public charity that operates a donor-advised fund. When you redeem a gift card purchased through the Website, Donors Unite is the initial recipient. By selecting one or more charities listed on the Website as the beneficiaries of your gift card, you are actually making a donation to Donors Unite, with a recommendation that Donors Unite re-grant the proceeds of the gift card to your selected charity.
In order to access the Website and create an account, you must be at least 18 years of age or older. Accordingly, by creating an account, or accessing the Website by logging in to an account, you represent and warrant that you are at least 18 years of age or older, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Website.
Persons who are at least 13 years of age but under the age of 18 are not eligible to create an account, but may take certain actions, such as redeeming a charity gift card, and access certain public areas of the Website that are accessible without creating an account or supplying a username and password, with the consent of a parent or legal guardian. Accordingly, by accessing the Website, you warrant that you are at least 18 years of age or older, or are at least 13 years of age and have received consent from your parent or legal guardian, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit the Website. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in this Agreement on behalf of both yourself and your child. You further agree that you are solely responsible for any and all use of the Website by your child regardless of whether such use was authorized by you.
You acknowledge and agree that you shall have no ownership or other property interest in your account or URL, and you further acknowledge and agree that all rights in and to your username and account (but not in the personally identifying information associated therewith) are and shall forever be owned by and inure to the benefit of the Company. You are solely responsible for maintaining the confidentiality and security of your username and password on the Website, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must notify us immediately of any unauthorized use of your account. The Company will not be liable for any loss or damage arising in connection with any unauthorized use of your account. The Company has the right to reclaim any usernames for any reason. The Company reserves the right to refuse any request to create an account or to login for any reason or no reason.
GIFT CARD PURCHASE TRANSACTIONS
Donors Unite is a public charity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. When you purchase a gift card on the Website, the entire payment is a donation to Donors Unite as a complete and final charitable gift, and is not refundable. You will receive a receipt for your gift card purchase from Donors Unite, indicating that your payment is tax-deductible as a charitable contribution. Please note that when you redeem a charity gift card, approximately 85-92% of the gift card amount is re-granted to qualifying charities. Donors Unite retains approximately 8–15% of the gift card amount to cover platform costs, program administration expenses, and credit card processing fees.
GIFT CARD REDEMPTION
When you purchase a pre-designated gift card, or redeem a gift card and designate one or more charities as the final beneficiaries, you are actually making a donation to Donors Unite, with a recommendation that the proceeds of your gift card be re-granted to your designated charity or charities at the time of redemption. Gift cards have no monetary value, are not refundable, and may not be sold. Redemption of a gift card is not a tax deductible contribution.
Donors Unite makes every effort to comply with your recommendations and to re-grant the funds to your designated beneficiaries. However, to comply with federal tax laws and Internal Revenue Service regulations, Donors Unite is required to retain legal control over any charitable contributions it receives, and must retain the exclusive authority and discretion to re-grant the funds to other charitable organizations as it sees fit. Please note that Donors Unite does not make grants to private foundations or to supporting organizations. While unlikely, it is possible that you may designate a charity that does not satisfy Donors Unite’s criteria or has opted not to receive contributions through the Website. You therefore acknowledge and agree that, if Donors Unite determines, in its sole discretion, that it would be inappropriate or improper to disburse the funds designated for a particular charity because, for example, the charity is no longer accepting donations, is no longer recognized as a public charity, is no longer in good standing with state or federal regulators, or is no longer participating on the Website, Donors Unite may, in its sole discretion ask you to recommend an alternate charity to receive the donation, or disburse the donation to another charity working in the same issue area (as determined by Donors Unite), with or without notice to you. It is the practice of Donors Unite to deliver re-granted funds to any designated charity on no less than a quarterly basis.
CHARITIES; OPT-OUT PROCEDURES
The Company provides a searchable database on the Website of tax-exempt charitable organizations, to which gift card purchasers and recipients may advise that Donors Unite re-grant the proceeds of their gift cards. You acknowledge that this database is licensed from GuideStar USA, Inc. (“GuideStar”), a third party licensor of the Company. If you are the authorized representative of a charity, and you do not wish your organization to appear in the Company’s searchable database, you may contact us at firstname.lastname@example.org to request that your organization be removed. Your email should include your full name, title, and an email address and phone number associated with the organization. Please note that if your organization is removed from the Company’s database, it will not be eligible to receive contributions from Donors Unite.
PURCHASE TRANSACTIONS; PAYMENT PROCESSING OF TRANSACTIONS
By purchasing a charity gift card through the Website, you authorize the Company, through its payment processor, to process your donation and charge your credit card. You further acknowledge and understand that your personal information may be provided to any charity that you designate as the beneficiary of your gift card purchase.
You understand and acknowledge that any purchases you make through the Website are made at your own risk. You are encouraged to independently review any charity you designate as the beneficiary of your gift card, and to only select charities that you are familiar with as the designated beneficiaries of your gift card(s). The Company makes no representations or warranties that donations will be used for any particular purpose, and will not be held liable for the use or misuse of funds received by any charity through the Website. Further, the Company makes no representations or warranties with respect to any charity, including, but not limited to, whether a particular charity is recognized as a tax-exempt public charity under Section 501(c)(3) of the Internal Revenue Code, or is in good standing with local, state or federal regulators.
You will also have an option to activate a “wallet feature.” If activated via the Website’s “dashboard,” you will be able to add money into a virtual wallet, and such monies will be available to you in the future to purchase gift cards. The funds are kept in your virtual wallet for you to spend on charity gift cards at any time for up to three (3) years from the date the funds are deposited into your wallet. Please note that if you opt to activate the virtual wallet, the amount needed to cover credit card processing fees associated with virtual wallet deposits will be added to the payment transaction. This is necessary in order for the correct amounts to be allocated to each charity gift card that you later purchase using the wallet feature. Of course, any payments you make in connection with the wallet feature, including the amount needed to cover credit card processing fees, is tax-deductible as a charitable contribution to Donors Unite on the date the payment is made. Please note that any money added into the virtual wallet is non-refundable, and therefore can only be used for gift card purchases on our Website.
CHARGE BACKS OR PURCHASES MADE IN ERROR
In accordance with federal law and IRS regulations, Donors Unite does not issue contribution refunds. However, there may be unusual circumstances that require issuance of a refund or reversal of a transaction made on the Website.
A Charge Back transaction occurs when a credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. Such transactions will be investigated and addressed by the Company and Donors Unite on a case-by-case basis. We encourage you to contact us directly regarding any question you may have related to a chargeback transaction.
A transaction made in error occurs when a purchaser makes a transaction for an amount grossly different than the intended amount. For example, the purchaser purchases a gift card for $10,000.00 instead of $10.00. Donors Unite will not issue a refund in the event that the error is not financial in nature, such as if the purchaser made an error in designating the beneficiary charity or the gift card recipient. Donors Unite retains sole authority to determine whether to issue a refund in the event of a transaction made in error. A refund will only be considered if the gift card has not yet been redeemed and/or the funds have not been re-granted to the designated charity. Once funds are re-granted, the gift card purchaser should contact the charity who received the re-granted funds in order to attempt to correct the error.
CONTESTS AND SWEEPSTAKES
BLOGS; ACCEPTABLE USE
Our Website contains Blogs (“Blogs”). The views expressed in Blog posts belong solely to their respective authors and do not necessarily reflect the views of the Company. As such, we are not responsible for any content posted to the Blogs or the consequences of following any advice offered within Blog posts. If you find any posts in these Blogs to be offensive or objectionable, please contact us via email at email@example.com and reference the relevant Blog post. If we determine that removal of a Blog is necessary, we will make reasonable efforts to do so in a timely manner; the Company has no obligation nor makes any commitment to remove a Blog.
The Website may provide you with the option to upload photographs and images. You warrant that all images and photographs uploaded is your original work and/or you have the right and/or license necessary to upload such images and/or photographs (hereinafter, “User Content”). You accept all liability for any issues that may arise from such User Content.
By submitting and posting User Content to the Website, you grant to the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the User Content in any format, using any medium, for the purpose of promoting the Company, or for any other purpose that the Company deems appropriate.
The Company does not actively monitor or review User Content posted to the Website. You will, if asked by a representative of the Company, cease posting any User Content, and/or links to content, deemed offensive, objectionable, or in poor taste. If the Company becomes of aware of any User Content that, in its sole discretion, violates these Term of Use, or may be fraudulent, misleading, offensive, illegal, defamatory, or infringes the rights, or threatens the safety, of others, or is otherwise objectionable, the Company reserves the right, without notice and in its sole discretion, to edit and/or remove the User Content in question.
You understand and acknowledge that any questions, comments, suggestions, ideas, feedback or other information that you submit to the Company, whether via email or via a form provided on the Website (“User Submissions”), are not confidential and become the sole property of the Company, and that the Company shall own the exclusive rights, including copyrights and any other relevant intellectual property, in the User Submissions.
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) in order to interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Website, you agree you will not:
- create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post any material that is knowingly false, misleading, or inaccurate;
- behave in an abusive and/or hateful manner, or harass, threaten, or attack anyone;
- post profanity or language or content that is obscene, sexually oriented, or sexually suggestive or link to sites that contain such content;
- post any other person’s identifying information (including their names, contact information or any other relevant information) within the Website but your own, or otherwise reveal sensitive or personal information about another person through the Website;
- post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited on the Website. You will not, furthermore, collect personal information about other users for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
- attempt to access any protected sections of the Website, or make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Website software;
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs, or share or distribute viruses, licenses, registration information, software keys, “cracks,” or other information that is designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
- delete any author attributions, legal notices or proprietary designations or labels from content that you upload to or transmit through the Website;
- violate any applicable local, state, national, or international law, or use the Website to discuss illegal activities;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology;
- probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- harvest or otherwise collect or store information about others, including e-mail addresses; or
- use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS
MISPRINTS AND ERRORS
We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
Content and other information contained on this Website has been prepared by the Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Company has used reasonable efforts in collecting, preparing and providing such content, information, and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the content, material, or other information contained in or linked to the Website or any other Website maintained by the Company.
Additionally, this Website contains a search tool featuring a variety of qualifying tax-exempt organizations. The presentation of this list of charities on the Website does not constitute a solicitation of donations; the Company does not engage in any solicitation activities on behalf of any listed charity. Additionally, the inclusion of a charity on the list or Website is not an endorsement by the Company. Rather, the Company makes no claims, representations or recommendation in regard to any of the listed charities, and you hereby acknowledge and agree that you are not relying on the Company or any information provided by the Company in designating a charity or charities as the beneficiary of your charity gift card(s).
Users relying on content, materials, or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions, and conditions applicable to the Services, but are provided solely for general informational purposes.
Your use of this Website is at your sole risk. All content, information, materials, Services and anything else on or linked from the Website is provided on an “as is” or “as available” basis, and the Company expressly disclaims all warranties and conditions with respect to the Website, including the database of charities licensed by Guidestar, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment, and accuracy. The Company makes no warranty that the Website, content, or any other information or the Services will be accurate, timely, uninterrupted, virus-free, or error-free, or that any such problems will be corrected. You assume the sole risk of making use of or relying on the information, descriptions, Services, content, resources, and materials available on or through the Website.
LIMITATION OF LIABILITY
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
LIMITED LICENSE AND WEBSITE ACCESS; COPYRIGHT; TRADEMARKS AND SERVICE MARKS
The Company hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Except as otherwise expressly stated, all content appearing on this Website is the copyrighted work of the Company or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Website content is also the exclusive property of the Company and is protected by U.S. and international copyright laws.
The use of Website content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The Company does not warrant or represent that your use of the Website content, Services, or any materials displayed on this Website will not infringe rights of third parties.
Certain trademarks are the service marks and trademarks of the Company, Donors Unite, or their respective affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the Company.
NOTICE OF INFRINGING MATERIAL
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe in good faith that any content on this Website violates or infringes upon your copyright rights pursuant to Title 17, United States Code, Section 512(c)(2), you may file a DMCA Notice of Alleged Infringement with the Company’s Designated Copyright Agent with all specifics necessary for us to consider and respond to your complaint, as set forth below. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Please note that we may not process your complaint if it is not properly filled out or is incomplete.
You (or your agent) may send us a written notice that includes the following information.
- A clear identification of the copyrighted work you claim is infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by you or the person authorized to act on behalf of the copyrighted work that you claim is infringing.
Please send to your notice to the following address:
Donors Unite Management Corp. 315 main street 2ns floor Huntington, NY 11743 Facsimile: 973 498-1307 Email: firstname.lastname@example.org
The Company shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of the Company, including a delay in services from its contractors, agents, or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, or natural or other disasters.
Before commencing any action pertaining to a controversy or claim arising out of or relating to these Term of Use, the party wishing to commence the action shall provide reasonable notice to other party before commencing the action, in order to allow the parties an opportunity to resolve the dispute before resorting to legal action.
NO CLASS ACTION
YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
HOW TO CONTACT US
Donors Unite Management Corp.
315 Main Street
Huntington, NY 11743