PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS USER AGREEMENT, DO NOT USE THE SERVICES.
This User Agreement ("Agreement") applies to your access to, and use of, the website of Givver, Inc. ("Givver," "we" or "us"), located at https://givver.com ("Site"), and the donor services platform and other services provided through the Site ("Services"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Givver, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify you and Givver for violations of this Agreement.
Givver reserves the right to change or modify the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and in its sole discretion. Notice will be provided by posting the revised Agreement to the Site and changing the "Last Revised" date at the top of this Agreement or by providing other means of notice as Givver shall determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate use of the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review this Agreement and applicable policies to understand the terms that apply to your use of the Site. The most current version of the Terms can be reviewed by clicking on the "User Agreement" hypertext link located at the bottom of our Web pages. If you do not agree to the amended terms, you must stop using the Site.
If you have any question or comments regarding the use of the Services, please contact firstname.lastname@example.org.
To be eligible to use the Services, you must be at least 18 years of age. You also represent and warrant that you have not previously been suspended or removed from the Services and that you have full power and authority to enter into this Agreement.
To access and use the Services, you will be required to register for an account with Givver and agree to: (a) provide only current, accurate and complete information about yourself in the course of setting up the account (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data, as necessary, to keep it true, accurate, current and complete; (c) maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile device; (d) promptly notify Givver if you discover or otherwise suspect any security breaches related to your account or the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
Description of the Services
The Services allow you to: (a) input and store your credit card, debit card or bank account information ("Payment Account") via a platform operated by a third party payment service provider ("Payment Platform"); (b) select third party charitable organizations, political organizations or political campaigns listed on the Site (your selected organizations, "Organizations"); (c) confirm your payment authorization methods through the Services (your selected methods, "Authorization Methods"); and (d) quickly and conveniently use an Authorization Method to authorize an Organization to charge your Payment Account in order to make a donation to such Organization. The Services are limited to storing your Organizations and Authorization Methods, allowing you to access and manage your Payment Account through the Payment Platform and providing a selected Organization with certain information necessary to charge your Payment Account for a donation authorized using an Authorization Method. GIVVER DOES NOT: (i) store your Payment Account; (ii) process donations from you to an Organization; (iii) set the terms of any donation from you to an Organization; (iv) have any liability for transactions between you and an Organization; (v) endorse any Organization; or (vi) control or have any liability for returns, refunds, chargebacks or other questions or disputes you may have with any Organization related to a donation authorized by an Authorization Method. You agree that Givver is not responsible for completing a scheduled donation by a certain time or date. You agree to look solely to any applicable Organization to resolve all questions and disputes regarding any donation.
Account Password Security
You agree to keep your Givver account password and any other security methods for any account selected as an Authorization Method confidential and not to disclose these credentials to any third party. All information and instructions received from any account which you have selected as an Authorization Method will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity. You will be responsible for the actions taken by anyone accessing the Services using any account which you have selected as an Authorization Method.
(a) Making Donations
By using the Services you authorize Organizations to solicit you for donations through the Authorization Methods at any time (the "Solicitation"). By responding to a Solicitation in accordance with the terms of the Solicitation, you authorize the Organization making the Solicitation or its designated payment processor to charge your Payment Account for the donation amount that you indicate. Upon the processing of your donation by an Organization or its designated payment processor, you will receive a receipt that will be retained in your Givver account and sent to the email address indicated in your Givver account.
(b) Taxes; Tax-Deductible Charitable Contribution
It is your responsibility to determine which, if any, taxes apply to the donations you make and whether any donation you make qualifies as a tax-deductible charitable contribution. If any taxes apply to a donation you make to an Organization, it is your responsibility to report and remit the correct tax to the appropriate tax authority. If any donation you make qualifies as tax-deductible charitable contribution, the Organization receiving the donation will provide you with a tax receipt for such donation. Givver takes no responsibility for providing tax receipts for donations. It is your responsibility to determine if a tax receipt is appropriate and request one from the applicable Organization if one is not provided to you.
Except as expressly provided to the contrary in a writing by Givver, you agree that Givver provides access to and use of the Site and the Services on an "As Is" basis and without warranties of any kind, either express or implied. Givver makes no warranty with regard to the donations you make that are associated with or facilitated by the Services. Givver disclaims all other express and implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of proprietary rights as to the Site and the Services. Givver does not represent or warrant that the Site or the Services are accurate, correct, current, reliable or error-free. Among other things, this means that Givver does not warrant to you that the Site or the Services will be available for use at all times or at any particular time, that the Site or the Services will be error-free, that a use session will not be interrupted, that the Site or the Services or any hyperlinks will function properly at all times or at any particular time, that information on the Site or the Services will at all times or at any particular time be correct, complete or timely or that all portions of the Site or the Services are secure. In the event of an error related to the Site or the Services, Givver reserves the right to correct such error accordingly or to suspend or cancel a donation order at any time. You release Givver from all liability or claims of loss resulting from any error that you do not report to Givver within 120 days after the error first occurs. If you do not report an error to Givver within the 120-day period, Givver will not be required to correct the error.
GIVVER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO DONATION SOLICITATIONS, DONATION AMOUNTS, TEXTS, IMAGES, PHOTOGRAPH, OR ANY OTHER COMMUNICATIONS BY THE ORGANIZATIONS. GIVVER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
You agree to defend, indemnify and hold harmless Givver, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) any actual or alleged breach of this Agreement or any other Givver terms, policies or guidelines; (b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company; (c) your wrongful or improper use of the Site or the Services; or (d) your violation of the rights of any third party.
Limitation of Liability
In no event shall Givver, its directors, employees or agents, be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including, but not limited to, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the use or inability to use of the Site or the Services, including, without limitation, any damages caused by or resulting from reliance by you on any information obtained from Givver or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Givver's records, programs or services. In no event shall the aggregate liability of Givver, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the Site or the Services exceed the sum of one hundred dollars ($100).
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the Site or the Services or any portion thereof, your exclusive remedy shall be to stop using the Site or the Services.
Applicable Law and Venue
This Agreement and your use of the Site and Services shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.
Termination and Suspension
Notwithstanding any of this Agreement, Givver reserves the right, without notice and in its sole discretion, to terminate your access to, and use of, the Services and to block or prevent your future access to, and use of, the Services. Givver will not be liable to you for the termination of the Services or for any consequence arising out of termination of the Services.
Givver reserves the right to modify or discontinue, temporarily or permanently, the Site, the Services or any features or portions thereof without prior notice. You agree that Givver will not be liable for any modification, suspension or discontinuance of the Site, the Services or any part thereof.
Survival. Sections 2 through 15 will survive any termination or expiration of this Agreement.
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Our failure or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver thereof.
If this is a Federal Campaign contribution, the following terms apply:
By clicking on the "Donate now" button above you confirm that the following statements are true and accurate:
I am a United States citizen or a lawfully admitted permanent resident of the United States.
This contribution is not made from the general treasury funds of a corporation, labor organization or national bank.
This contribution is not made from the treasury of an entity or person who is a federal contractor.
This contribution is not made from the funds of a political action committee.
This contribution is not made from the funds of an individual registered as a federal lobbyist or a foreign agent, or an entity that is a federally registered lobbying firm or foreign agent.
I am not a minor under the age of 16.
The funds I am donating are not being provided to me by another person or entity for the purpose of making this contribution.
Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and employer of individuals whose contributions exceed $200 in an election cycle.