Terms of Use
Please read the following Terms of Use (“Terms”) carefully before you start to use the Givelify Platform (defined below). They govern your use of the Givelify LLC, an Indiana limited liability company (“Givelify”, “we”, “us”, or “our”), website, Givelify.com (“Site”), web and mobile applications, related services, information, and communications (collectively, the “Givelify Platform”). By using the Givelify Platform or clicking “accept” or “agree” to the Terms when this option is made available to you (at registration or otherwise), you agree (a) that you are at least eighteen (18) years of age and (b) to be bound by these Terms and our Privacy Policy incorporated herein and available at: https://www.givelify.com/about/privacy-policy/ (“Privacy Policy”).
NOTE: CHARITABLE ORGANIZATIONS MAY POST ON THE GIVELIFY PLATFORM. GIVELIFY DOES NOT SPONSOR OR ENDORSE ANY INDIVIDUAL CHARITABLE ORGANIZATION OR CAUSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE GIVELIFY PLATFORM AND DO NOT USE ANY GIVELIFY SERVICE OFFERED THROUGH THE GIVELIFY PLATFORM.
1. About Givelify (Pronounced "giv-le-fye")
Givelify provides services for tax-exempt organizations, such as religious and charitable organizations, (each, a “Donee”)—to receive payments made by users of the Givelify Platform (each, a “Donor”, and together with “Donee”, the “Users”, “you”, or “your”).
2. The Givelify Platform Connects Donors to Donees.
Pursuant to these Terms, Donee appoints Givelify as its agent for receipt of payments (donations) from Donor (each a “Payment”), including, but not limited to, the issuance of acknowledgement or substantiation letter(s) (as defined in Section 170(f)(8) of the Internal Code of 1986, as amended (the “Code”) and corresponding Treasury Regulations) on behalf of the Donee (the “Acknowledgement Letter”). To facilitate Givelify in serving and maintaining its status as an agent of the Donee for the Payment and issuance of Acknowledgement Letters, Donee represents, warrants, and covenants as follows:
(i) it is an organization described in Code Section 170(c), and it will notify Givelify in the event of a change or threatened change in such status or any change which adversely impacts Donee’s eligibility to receive charitable contributions (“Eligibility”);
(ii) it shall immediately notify Givelify of any updates to its legal name or employee identification number;
(iii) it shall, on at least an annual basis or as otherwise requested by Givelify, confirm or notify Givelify of any updates to its legal name, employee identification number, and Eligibility;
(iv) it will provide within thirty (30) days after receipt of each charitable contribution a statement to Givelify regarding whether Donee provided any goods or services in consideration for the charitable contribution, a description and good-faith estimate of value of any goods or services provided, and whether Donee provided any intangible religious benefits;
(v) that Payments received by it are not in exchange for any goods or services; and
(vi) it is not requesting Givelify to solicit contributions on its behalf.
Givelify does not engage in solicitation activities on behalf of a Donee. Further, Donee agrees to indemnify, defend, forever release and hold harmless the Indemnitees (defined below) from and against any Losses (defined below) arising from or related to: (a) any information provided by Donee to Givelify in connection with Acknowledgment Letters; (b) the issuance of or failure to issue any Acknowledgement Letter to any and all Donors based upon the information provided by Donee or the failure of Donee to provide information required by this Section 2; and (c) any breach of the representations, warranties, and covenants set forth in this Section 2. Donee further represents that it is party to a separate agreement with each Donor, whereby Donor promises to donate Payments to Donee pursuant to the terms of the service agreement, which is formed when Donees and Donors agree on the terms of a Payment (the “Service Agreement”). The terms of the Service Agreement include the terms set forth in this Section and any other terms between Donees and Donors to the extent such terms do not conflict with these Terms. Service Agreements are limited to Users, and no other third-parties. Users agree to comply with the Service Agreement and these Terms.
GIVELIFY IS NOT AN AGENT OF DONOR IN RECEIVING PAYMENTS. GIVELIFY IS NOT A BANK, MONEY TRANSMITTER, OR OTHER MONEY SERVICES BUSINESS, AS DEFINED BY THE BANK SECRECY ACT OR STATE BANKING LAW.
GIVELIFY IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES OR REPRESENTATIONS IN RESPECT OF THE TIMELINESS, RELIABILITY, SUITABILITY OR ACCURACY OF PAYMENTS, COMMUNICATIONS, SERVICES, OR EXCHANGE OF DATA BETWEEN USERS ON THE GIVELIFY PLATFORM.
3. User Representations & Warranties. All Users represent and warrant that:
- you are 18 years of age or older;
- you have the authority and capacity to enter into, abide by, and perform your obligations under these Terms;
- you have read, understood, and agree to be bound to these Terms and the Privacy Policy;
- you will communicate clearly and promptly and act professionally with other Users on the Givelify Platform.
- you will act in accordance with all applicable local, state, and federal laws and in good faith;
- where you enter into these Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms; and
- you will not and do not have any motivation or interest in using the Givelify Platform for any unlawful or immoral purpose.
4. License and User Conduct
Givelify grants you a limited license to access and make personal use of the Givelify Platform. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Givelify. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Givelify. Any unauthorized use of the Site shall automatically terminate the license granted to you by Givelify for such use.
You are required to abide by all applicable international, federal, state and local laws and regulations in your use of the Givelify Platform. Givelify may terminate your use of the Givelify Platform in Givelify’s sole discretion for any reason. If you are under eighteen (18) years of age, you may not use the Givelify Platform.
You may use the Givelify Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Givelify Platform:
- in any way that violates any applicable federal, state, local, law or regulation;
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to impersonate or attempt to impersonate Givelify, a Givelify employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Givelify, may harm Givelify or Users, or expose them to liability.
Additionally, prohibited activities also include: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on Givelify’s hardware or software infrastructure; (3) sending SPAM to Givelify users or others; (4) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the Givelify Platform; (5) engaging in or promoting any illegal activities; (6) engaging in any activity that markets another business or attracts Givelify customers to a third party; (7) submitting content that is offensive, obscene, harmful to minors, illegal, abusive, threatening, defamatory, or misleading; or (8) using the services if you are or wish to assist a person or entity who is on a Specially Designated National List of the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”) or otherwise prohibited from accessing the U.S. financial system. All Donees must be residents and located within the U.S. otherwise they are prohibited from using the Givelify Platform.
5. Copyrights and Trademarks
Except as otherwise set out in these Terms or the Givelify Platform, all information, documentation, and other content posted on the Givelify Platform are the property of Givelify, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of the Givelify Platform are the property of Givelify. The posting of information, documentation, and other content does not constitute a waiver of any of Givelify’s, an affiliate’s, and/or a third-party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on the Givelify Platform are protected by U.S. and international copyright laws, both as individual works and as collections. You may not delete any copyright or similar notice from any information, documentation, and other content you obtain from the Givelify Platform. You may not reproduce, distribute, create derivative works of, store, transmit, sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Givelify Platform without the prior written consent of Givelify. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Givelify and its affiliates reserve the right to revoke this authorization at any time.
No right, title, or interest in or to the Givelify Platform is transferred to you, and all rights not expressly granted are reserved by Givelify. Any use of the Givelify Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
When you upload, submit, or store any content (“User Content”) through the Givelify Platform, you grant Givelify a worldwide license to use, host, store, reproduce, modify, and create derivative works from the User Content to provide, support, and improve the Givelify Platform. You acknowledge that User Content and information regarding your account will be processed by Givelify and stored and processed using online hosting services selected by Givelify. You represent and warrant that you have all necessary rights in, and obtained all necessary consents to, the User Content and the Third-Party Services (described below), to grant Givelify the rights granted under this Section, and to allow Givelify to perform the Integration Services (defined below).
6. Registration, Accounts, and Account Security
We reserve the right to withdraw or amend the Givelify Platform, and any service or material Givelify provides on the Givelify Platform, on our sole discretion without notice. We will not be liable if for any reason all or any part of the Givelify Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Givelify Platform, or the entire Givelify Platform, to users, including registered users.
You are responsible for both:
- making all arrangements necessary for you to have access to the Givelify Platform; and
- ensuring that all persons who access the Givelify Platform through your control are aware of these Terms.
To access the Givelify Platform or some resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Givelify Platform that all of the information you provide on the Givelify Platform is correct, current, and complete. You agree that all information you provide to register with the Givelify Platform or otherwise, including, but not limited to through the use of any interactive features on the Givelify Platform, is governed by our Privacy Policy and you consent to all actions we take with respect to your information with our Privacy Policy.
Only you may use your Givelify account. You agree to keep your accounts and passwords confidential at all times and not authorize any third party to access or use Givelify on your behalf, including providing your account information to third-party websites to access your Givelify account. You are responsible for all activity that takes place within your account.
By registering to the Givelify Platform, you agree to provide any verification information as required by Givelify to comply with various United States laws, including, but not limited to, the United States Patriot Act.
Donee acknowledges that its use of the Givelify Platform is solely for the purpose of receiving Payments from Donors. Donee shall not use the Givelify Platform to register or operate accounts for, collect Association card information from, or otherwise process or collect donations on behalf of Donors or any other third-party.
You agree to be bound by policies, including the Operating Regulations (discussed below), of third parties including Associations, networks, and banks used to process Payments. You agree to indemnify, forever release and hold harmless Givelify, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns (collectively, the “Indemnitees”) from and against any claims, liabilities, costs, damages, judgments, awards, losses, expenses or fees (including reasonable attorneys’ fees) (collectively, the “Losses”) arising out of or relating to your relationship with your Association, network, bank or other financial institution or otherwise out of your agreement with such institution.
Some third parties may require a direct agreement with a Donee. If a direct agreement between such third party and a particular Donee is required, Givelify will make reasonable efforts to facilitate the execution of such agreements between both parties. Givelify reserves the right to disable or delete a Donee’s account if Donee is unable to enter into a direct agreement with third party, as required by the policy of said third party.
Givelify has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
7. Links
The Givelify Platform may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Givelify does not endorse, and Givelify is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Givelify is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. Givelify 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 such other sites. Givelify shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
8. Web and Mobile App Updates & Upgrades
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
By installing the Givelify mobile app (“Mobile App”), you consent to the installation of the Mobile App and any upgrades released by Givelify from time-to-time. The Mobile App may collect personal information, which is governed by our Privacy Policy. You may uninstall the Mobile App at any time.
9. Payment Processing
Givelify utilizes WorldPay from FIS® for payment processing: WorldPay from FIS®, 601 Riverside Avenue, Jacksonville, FL 32204 (“WorldPay”). Donee agrees to any terms and conditions related to WorldPay to that are published or linked on the Givelify Platform. Pursuant to Section 10 of these Terms, in the event that Donee is anticipated to process more than one million dollars ($1,000,000) in credit card transactions in any twelve (12) month period, Donee shall enter into the Sub-Merchant Agreement (defined below) with WorldPay.
In the event that a judgement, lien, execution, levy, or order of any court or other competent authority is issued in favor of any creditor against Donee to enforce security over, or a distress, execution or other similar process is levied or served against, the whole or substantial part of, the Payments, including the appointment of a receiver, administrative receiver, manager or similar officer to enforce that security, Givelify may, in its sole and absolute discretion: (a) terminate or suspend services to Donee; and/or (b) set aside, setoff, hold, transfer, forward, or otherwise make available such Payments to creditors pursuant to the judgement, lien, execution, levy, order, or applicable law.
Givelify may also facilitate Payments, whether on a non-recurrent or recurring basis, via Bill Pay Processors (defined below). You acknowledge and agree: (1) to our facilitation of Bill Pay Processors for processing Payments; (2) that the facilitation and use of Bill Pay Processors is integral to our services; and (3) to the processing, use, and transfer of your personal information (as defined in our Privacy Policy) and other data to Bill Pay Processors for processing Payments.
10. Compliance with Association Operating Regulations
The relationship of Givelify to each Donee shall also be governed pursuant to the Operating Regulations (defined below) of: (a) Visa, MasterCard, American Express, and Discover; and (b) Accel, NYCE/AFFN, Pulse, Star, Culiance, Jeanie, and Shazam (collectively “Bill Pay Processors”, and together with Visa, Mastercard, American Express, and Discover, the “Associations”, and each, an “Association”), where Givelify is a payment facilitator, and the Donee is a merchant.
The Associations make excerpts of their rules, policies, and procedures (collectively, the “Operating Regulations”) available on-line, including via:
- American Express: https://www.americanexpress.com/merchantopguide
Each applicable Association’s complete Operating Regulations are incorporated by reference into these Terms and will control with respect to any conflict in terms between these Terms and such Operating Regulations. Donee will not discriminate against Associations or their respective cards (e.g., limited acceptance options) except in full compliance with the Operating Regulations, and will comply with all Operating Regulations, applicable laws, and regulations related to its business operations, PCI-DSS obligations, the use of an Association’s marks, and each transaction acquired hereunder. Donee agrees that it will accept Association cards and protect, utilize, or restrict transaction data, including the magnetic stripe and CVV2, in accordance with these Terms, applicable law or regulation, and the Operating Regulations, and will cooperate with any audit requested by an Association until such audit is completed.
In addition to complying with each Association’s obligations or prohibitions related to acceptance, disbursement, or resubmission of a transaction, Donee may not submit any illegal, fraudulent, or unauthorized transaction and shall only submit transactions for the sale of its own goods or services, and not any other person or company, and may not receive payment on behalf of or, unless authorized by law, redirect payments to any other party. Donee covenants that it is not a third-party beneficiary under any agreement with an Association, however, an Association may be a third-party beneficiary of these Terms, and shall have the rights, but not any obligation, necessary to fully enforce these Terms against the Donee.
Donee authorizes Givelify to conduct checks of Donee’s background, credit, or banking information, as necessary, and agrees that all information obtained under these Terms may be shared with an Association. Donee acknowledges and agrees that it is responsible for its employees’ actions, it will notify Givelify of any third-party that will have access to cardholder data, and it will immediately report all instances of a data breach to Givelify immediately after it reasonably identifies an incident.
Certain Associations may require that Donee also enter into a direct contractual relationship with Processor if Donee is categorized within certain MCC codes designated by the Associations and Donee’s card transaction volume exceeds $1,000,000 for any Association, or such other amount or criteria provided in the Operating Regulations. Where this direct contractual relationship is required by the Operating Regulations, by agreeing to these Terms, Donee agrees to the terms and conditions of the relevant merchant services agreement for sub-merchants (“Sub-Merchant Agreement”) between it and WorldPay, effective as of the date Donee’s transaction volume exceeds the applicable threshold amount. WorldPay may independently enforce the Sub-Merchant Agreement.
11. American Express OptBlue
Donee acknowledges and agrees that it may be converted from the OptBlue Program to a direct Card acceptance relationship with American Express if and when it becomes a High CV Merchant in accordance with the Operating Regulations. Donee further agrees that, upon conversion, (i) Donee will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by the Donee for Card acceptance. Additionally, you may opt out of receiving future commercial marketing communications from American Express by checking the appropriate “opt-out” box or clicking “opt-out” when such option is made available to you. However, please note that you may continue to receive marketing communications while American Express updates its records to reflect your choice. Opting out of commercial marketing communications will not preclude you from receiving important transactional or relationship messages from American Express.
12. PCI-DSS Compliance
Givelify shall comply and require applicable service providers and other third parties to comply, with and shall have a program to assure continued compliance with the Payment Card Industry Data Security Standards (PCI-DSS) published by the PCI Security Standards Council, as the PCI-DSS may be amended, supplemented, or replaced from time to time, and as applicable to the transactions processed via the Site. If Givelify becomes aware that Givelify or its service provider is not, or will not likely be, in compliance with PCI-DSS for any reason, Givelify will promptly report the same in writing.
13. Fees
Givelify presents pricing terms for Donees when Donees register an account with Givelify, including, but not limited to, fees for: (a) reoccurring Payment services (“Payment Service”) made available via the Givelify Platform (the “Payment Service Fees”) and (b) the services provided by Givelify and administered through the Givelify Platform (the “Service Fees”, and together with the Payment Services Fees and all applicable taxes, the “Fees”). You agree to pay all Payment Service Fees, including any fees associated with the use of such Pay Service and any Payment Service Fees listed on the “accept payment” page on the Givelify Platform.
Fees shall apply to Donees only. Givelify is free to Donors. Unless otherwise indicated on the relevant Payment Service description page, all Fees will be billed immediately to the Association credit card designated by Donees and are non-refundable. Givelify reserves the right to change the amount of, or basis for determining, Fees, and to institute new Fees or terms at any time effective upon commercially reasonable notice to Donees.
Givelify reserves the right to set-off the applicable Fees from each Payment before settling such Payment to Donees. Payments received by Donee, through its agent Givelify, shall be settled to Donees, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as Givelify may elect to use.
14. Donor Refunds.
Donee agrees that Givelify may, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that: (a) Donor provided such Payment to the wrong Donee; (b) the Donee is fraudulent; or (c) where Givelify determines, in its sole discretion, that the Payment should be refunded. Except as otherwise set forth herein, to be eligible for a refund, Donors must submit a request, within thirty (30) days of providing any Payment, to support@givelify.com with the subject “Refund Request” and include the relevant Givelify username and transaction information. Givelify will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur. After such ten (10) day period, if the matter is not resolved to the entire satisfaction of the Donor, Donor shall address Donee directly and Givelify shall have no liability in respect of the Payment except and to the extent required under the Operating Regulations.
Donee authorizes Givelify and its Associations to debit their Association card or accounts in the event of any Donor refund or chargeback. Givelify shall provide Users with commercially reasonable notice in the event that a chargeback or refund has been processed.
15. Third Party Integrations / Content
This Section applies to any Integration Services (defined below) that are not otherwise governed by separate terms and conditions. “Integration Services” means any services related to the integration of the Givelify Platform or any portions thereof, with any other third-party services (“Third Party Services”), as requested and directed by Donee. Givelify is not obligated to provide Integration Services and reserves the right to provide Integration Services at its sole discretion. Donees shall be solely responsible for identifying any Third-Party Services, and any dealings with such Third-Party Services are between Donee and the Third-Party Services and may be subject to additional terms provided by such Third-Party Services. Donee agrees that by using such Third-Party Services, Givelify and the Givelify Associates are not liable for any Losses that Donee may incur from Third Party Services and further agrees to indemnify, forever release and hold harmless the Indemnitees from and against any Losses arising out of or relating to Third Party Services.
Givelify is not responsible:
- for any electronic communications and/or User Content which are delayed, lost, altered, intercepted or stored during the transmission of any data by means of third-party networks;
- the operation, availability, functionality, or use of any Third-Party Services;
- for acquiring any rights, title, interests, and/or licenses to any Third-Party Services, as may be required in order to perform the Integration Services; or
- for any damage or loss caused or alleged to be caused, whether directly or indirectly, by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Services, or these Integration Services.
16. Reliance on Information Posted
The information presented on or through the Givelify Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Givelify Platform, or by anyone who may be informed of any of its contents.
The Givelify Platform may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Givelify, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Site may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Site;
- send emails or other communications with certain content, or links to certain content, on the Site; or
- cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Givelify, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- establish a link from any website that is not owned by you;
- cause the Site or portions of it to be displayed on, or appear to be displayed by, another site, for example, framing, deep linking, or in-line linking;
- link to any part of the Site other than the homepage; or
- otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
Givelify may disable all or any social media features and any links at any time without notice in our discretion.
18. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Givelify Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER GIVELIFY, NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “GIVELIFY ASSOCIATES”) WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE GIVELIFY PLATFORM OR ANY SERVICES, PAYMENTS, OR ITEMS OBTAINED THROUGH THE GIVELIFY PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE GIVELIFY PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GIVELIFY PLATFORM IS AT YOUR OWN RISK. THE GIVELIFY PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE GIVELIFY PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIVELIFY NOR ANY OF THE GIVELIFY ASSOCIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE GIVELIFY PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER GIVELIFY NOR ANY OF THE GIVELIFY ASSOCIATES REPRESENT OR WARRANT THAT THE GIVELIFY PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GIVELIFY PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GIVELIFY PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GIVELIFY PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE GIVELIFY PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GIVELIFY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation of Liability
USE OF THE GIVELIFY PLATFORM IS AT YOUR SOLE RISK. INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER GIVELIFY, NOR ANY OF THE GIVELIFY ASSOCIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE GIVELIFY PLATFORM OR INABILITY TO GAIN ACCESS TO OR USE THE GIVELIFY PLATFORM OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF GIVELIFY OR A GIVELIFY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH GIVELIFY IS TO STOP USING THE GIVELIFY PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, GIVELIFY’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO GIVELIFY IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE GIVELIFY PLATFORM IS CONTROLLED, OPERATED AND ADMINISTERED BY GIVELIFY FROM ITS OFFICES WITHIN THE UNITED STATES. GIVELIFY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE GIVELIFY PLATFORM IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
NOTHING IN THE FOREGOING LIMITATIONS OF LIABILITY SHALL LIMIT THE LIABILITY OF GIVELIFY TO SETTLE TO DONEE THE AMOUNT OF EACH PAYMENT RECEIVED BY DONEE THROUGH GIVELIFY AS ITS AGENT, LESS APPLICABLE FEES OR OTHER LIABILITIES OF DONEE TO GIVELIFY HEREUNDER.
20. Indemnification
In addition to other indemnification obligations set out in these Terms, you further agree to indemnify, defend, and hold harmless the Indemnitees from and against all Losses, arising out of or related to: (a) your violation of these Terms or your use of the Givelify Platform, including, but not limited to, its content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Givelify Platform; (b) your violation of law or the rights of any User or third-party; or (c) any products or services purchased by you, Payments made or received by you in connection with the Givelify Platform.
21. Changes to the Terms of Use
Givelify may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Site thereafter. Your continued use of the Givelify Platform following the posting of a revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.
22. Notices
Where required, Givelify may give notice to you by a general posting on the Givelify Platform, by electronic mail, or by conventional mail to your address of record. You may give notice to Givelify by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Givelify Platform, or your dealings with Givelify, please e-mail or write to:
Givelify LLC
47 South Pennsylvania Street
Suite 500
Indianapolis, IN 46204
USA
Givelify welcomes your questions and comments.
23. Governing Law and Jurisdiction
All matters relating to the Givelify Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including the specifically applicable laws of agency and non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Givelify Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Waiver and Severability
No waiver by Givelify of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Givelify to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
25. Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Givelify regarding the Givelify Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Givelify Platform.
26. Miscellaneous
Givelify may revise these Terms at any time, and such modifications will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms of this Agreement after any such modification, you may opt-out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt-out. Upon receiving such notification from you, Givelify will suspend your account. Notwithstanding any provision of these Terms, Givelify has available all remedies at law or equity to enforce these Terms.
27. Acknowledgement and Consent
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND PRIVACY POLICY AND AGREE THAT MY USE OF THE GIVELIFY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS AND PRIVACY POLICY.
Last updated: December 16, 2024