Terms of Service
This Terms of Service is a legal agreement between you and give2gether, Inc. (“give2gether”) that governs your access to and use of this site and give2gether services. Please review this entire Terms of Service before you decide whether to accept it and continue with use of this site and the services.
The following defined terms appear in this Terms of Service.
"You", "you" or "Donor": An individual or organization that uses this site or the Services (defined below).
"give2gether", "we", or "us": give2gether, Inc.
Charity: A charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code in the United States, or qualifies for a similar status under applicable law outside the United States, and that uses the Service to facilitate Conditional Pledges and Contributions from Donors.
Conditional Pledge: A Contribution that is conditioned on certain milestones or other conditions being met.
Contribution: The processing of a payment that result in the debiting or charging of the Contribution Amount to a Donor’s Payment Instrument and the crediting of funds to a Charity.
Contribution Amount: The dollar amount of Conditional Pledges and Contributions, including any related fees, as applicable.
Payment Instrument: The credit card or debit card used by a Donor in connection with a Conditional Pledge or Contribution.
Payment Service Provider: An unaffiliated third party engaged by give2gether or the Charity to accept payment and facilitate the crediting of funds to a Charity. PayPal™ Service is a current Payment Service Provider.
Service: The give2gether service described in this Terms of Service that facilitates the making of Conditional Pledges and Contributions to a Charity.
Registration with give2gether
Use of the Service to make a Conditional Pledge and/or Contribution requires that you provide certain information, including your name and email address. You may be required to enter this information directly on the give2gether website or on the Payment Service Provider’s website, in which case the required information will be provided to give2gether by the Payment Service Provider. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to use certain features, or to assist in determining whether to permit you to continue to use the Service. We, in our sole and absolute discretion, may refuse to approve or may terminate any registration, or any use or continued use of the Service, with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Donors, you represent that you are:
18 years old or older and capable of entering into a legally binding agreement.
If you are acting on behalf of a business entity, you also represent that you are duly authorized to access the Service and to legally bind the business entity to these Terms of Service and all transactions entered into through use of the Service.
Registration with Payment Service Provider
In the event that you decide to make a Conditional Pledge or Contribution, you will be directed to a Payment Service Provider for those purposes. Use of the services of the Payment Service Provider may require registration and the provision of other valid information, including as appropriate, a valid Payment Instrument. Payment Service Provider services are subject to the terms of service and other requirements set by the Payment Service Provider.
The Service facilitates the making of Conditional Pledges and Contributions from a Donor to a Charity. The processing of funds and payments related to Conditional Pledges and Contributions by Payment Services Providers shall be subject to the policies and procedures of the Payment Service Providers. If you believe that there has been an error or unauthorized transaction involving a Conditional Pledge or Contribution, please notify the Payment Service Provider in accordance with its procedures and the relevant Charity. You may also notify give2gether through the Service contact page, in which case give2gether will make reasonable efforts to assist you in resolving the issue with the Payment Service Provider and Charity, as applicable.
Individual Charities have supplied background information, project specific information, and conditions (where applicable) for Conditional Pledges. The Charities alone are responsible for such information and conditions. Your Conditional Pledge is a binding, non-cancelable, non-refundable agreement to make the associated Contribution, subject only to the project pre-conditions, if any, indicated by the Charity. Pre-conditions may consist of aggregate pledge goals, expiration dates, or other conditions, as indicated. On the satisfaction of the pre-conditions, the funds covered by your Conditional Pledge will become a Contribution and will be provided to the Charity. In the event that the pre-conditions are not met, the Conditional Pledge will not become a Contribution and the relevant funds will be returned or credited back to you in accordance with procedures set by the Payment Service Provider.
The decision as to whether Contributions will be received on an individual basis or using a Conditional Pledge approach is made by the relevant Charity. THE CONDITIONAL PLEDGE APPROACH WILL BE USED ONLY WHEN SPECIFICALLY STATED ON THE CHARITY’S PROJECT PAGE. If there is no express indication, your Contribution will go to the Charity without pre-conditions.
give2gether may delay or refuse to process suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service, or other applicable give2gether or Service policies, as determined in give2gether’s sole and absolute discretion.
You may only use the Service in connection with a Conditional Pledge and Contribution to a legitimate, bona fide Charity. You may not use the Service in connection with any other transaction, including without limitation any sale or exchange of any goods or services or any illegal transaction.
We may establish general practices and limits concerning use of the Service. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Conditional Pledge or Contribution without prior notice to Donor or Charity.
Information, graphics, images, text, software, sound and other materials and content (the “Content”) on the give2gether Website may be used solely for your personal, non-commercial, informational use. The Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, give2gether does not grant to you any express or implied right(s) to use the Content.
We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on a give2gether Website. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, Conditional Pledges and Contributions, and any other matter relating to your use of the Service.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration with give2gether or the Payment Service Provider, or as revised by you thereafter, or when we post the electronic communication on a give2gether Website.
For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Service contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
The financial institution that issues your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Conditional Pledge or Contribution. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.
Any dispute between Donor and a Charity must be resolved directly between Donor and Charity. give2gether will have no responsibility, obligation, or liability whatsoever in connection with any such dispute.
You agree to release, give2gether, GIVE2GETHER affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with use of this site and the Service, to the full extent permitted by law. You agree that you will not involve give2gether in any litigation or other dispute arising out of or related to any Conditional Pledge, Contribution, transaction, agreement, or arrangement with any Charity, other Donor, Payment Service Provider, or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of give2gether and other give2gether affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in this Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have under your agreement with the issuer of a Payment Instrument, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive 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 not known by him must have materially affected his settlement with the debtor."
Except as set forth in this Terms of Service, all Conditional Pledges and Contributions processed through the Service are non-refundable and are non-reversible by Donor through the Service.
give2gether facilitates the making of Conditional Pledges and Contributions to Charities. give2gether is not a bank or other chartered depository institution. Funds held by give2gether or its service providers (including any bank service providers) in connection with Conditional Pledges and Contributions are not deposit obligations of Donor and are not insured for the benefit of Donor by the Federal Deposit Insurance Corporation or any other governmental agency.
We may, in our sole and absolute discretion without liability to you or any third party, refuse to permit or terminate your use of the Service for any reason or no reason. Upon termination of your use of the Service, you remain liable for all Conditional Pledges and Contributions and any other obligations you have incurred.
When you make a Contribution, the Charity you donate to (and not give2gether) will issue you a receipt, in accordance with the Charity’s own policies and the laws applicable to the Charity. give2gether makes no representation regarding the tax implications of making a Conditional Pledge and/or Contribution. The reporting and payment of any applicable taxes or tax related matters arising from the use of the Service is your responsibility.
You agree to indemnify, defend and hold harmless give2gether, its subsidiaries and other affiliates, and its and their directors, officers, owners, employees, consultants, contractors and other applicable third parties from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of give2gether’s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
The listing of a Charity and inclusion of information about a Charity and any project does not indicate that give2gether endorses, sponsors, or is in any way affiliated with such Charity. Information about Charities and projects included on the give2gether Website is supplied by the Charities themselves and give2gether is in no way responsible for such information. give2gether shall have no liability or responsibility related to such information or the actions of any Charity.
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE AND THIS SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, give2gether AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS AND PARTNERS (COLLECTIVELY, "give2gether PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH give2gether PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE give2gether PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE give2gether PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF CONDITIONAL PLEDGES AND CONTRIBUTIONS OR THE SERVICE.
give2gether shall have no liability, obligation or responsibility with respect to your direct dealings with any Charity or other third party.
Without derogating from the foregoing, IN NO EVENT SHALL ANY give2gether PARTY BE RESPONSIBLE OR LIABLE TO DONOR OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY give2gether PARTY OR THE SERVICE, OR ANY CONDITIONAL PLEDGE, CONTRIBUTION, DONATION, OR ANY OTHER TRANSACTIONS OR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE give2gether PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE give2gether PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY SERVICE OR PRODUCT PROVIDED HEREUNDER, EXCEED THE NET FEES give2gether HAS ACTUALLY RECEIVED AND RETAINED IN CONNECTION WITH DONOR’S VALID USE OF THE SERVICE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
This Terms of Service shall be governed by the laws of New York, except for New York’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in New York County, New York. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled, “Use of Electronic Communications”, statements, notices and other communications to Donor may be made by mail, email, postings on the give2gether Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the give2gether Websites. Notice to give2gether may be made by mail to:Give2gether Inc.
122 Pickford AveTonawanda, NY 14223-2712
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a give2gether Website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Conditional Pledges and Contributions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.
You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 7, 9, 12, 13, 15 through 19, 21 and 23.
The failure of give2gether to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service, including give2gether’s policies governing the Service referenced herein, constitutes the entire agreement between give2gether and Donor with respect to Donor’s use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Donor and give2gether, and other give2gether affiliates, which each shall be a third party beneficiary of this Terms of Service for Donors, and no other person shall assert any rights as a third party beneficiary hereunder.