Terms of Service
Effective: December 1, 2018
Terms of Service
Effective: December 1, 2018
www.GiveMyDay.com (“Give My Day” or “our Website”) is owned and operated by Powering Philanthropy, LLC.
Donations made to any and all campaigns on The Give My Day platform are tax deductible to the donor.
End Beneficiary of Campaign Proceeds
Donations made through the Website are either routed directly to a 501(c)(3) Public Charity in good standing with the IRS or received by Powering Philanthropy, a Colorado Nonprofit Corporation that is tax exempt as described in Section 501(c)(3) of the IRS Code (EIN: 47-3192732) and subsequently regranted to a 501(c)(3) Public Charity in good standing with the IRS as the beneficiary.
Fees and Timing
For every fundraising campaign on our platform, Give My Day retains 5.0% to cover our operational expenses. Credit card processing fees of 2.2% + $0.30 cents per transaction are automatically deducted by our credit card processor (Stripe). The remaining funds raised are distributed to the beneficiary within 30 days following the end of the campaign.
Exclusive Control and Use
In the rare case when a donation cannot be granted according to a donor’s recommendation, we will reassign the donation to another charitable organization.
While we take multiple steps to attempt to grant the donated funds according to the donor’s identified preference, Powering Philanthropy is the receiving charity of record and retains exclusive control over all donations. The listing of a charity in the directories of Powering Philanthropy or the Give My Day platform is not a guarantee that the charity will ultimately receive funds from Powering Philanthropy.
Upon receiving a donation, Powering Philanthropy will attempt to make a grant to the charity the donor intended to benefit. Pending distribution of grants, Powering Philanthropy holds all donations in a secure, non-interest bearing bank account.
In the event we are unable to distribute the funds successfully (e.g., the charity does not enroll with Powering Philanthropy and fails to cash the check(s) we send), we reserve the right to reassign the donation to another charitable organization.
Acceptance of Terms
For Users: It is important that you review these Terms so that you know what you can or cannot do on this Website. If you are under age 13, ask your parents to go through the Terms and to help you register. When you create an account and accept this agreement, you become a member. This means that you accept the conditions below and if under age 13, that you confirm that your parents have read and accepted the conditions.
For Parents of Users under the age of 13: Contact us if you do not accept this agreement and your child has become a member of GiveMyDay.com. Members under 13 can only log in to manage a campaign and member account via their parents log in credentials, which are provided after parental consent; if the user is under age 13 the registration form requires the parents email address and the parent will be the main recipient of communication from Give My Day.
Give My Day reserves the right to update the Terms at any time without notice. Changes are effective immediately upon posting. Your continued use of the Site constitutes your acceptance of the revised Terms. By using and accessing our Site, you agree to our Terms and any other policies/legal notices that we post on our Site.
Definitions and Description of Service
Give My Day’s services include our website and any additional features, content, and functionality offered by us in connection with the Site. A “Visitor” is someone who is browsing through the Site; A “Member” or “User” is someone who registers an account; A “Parent” is a legal parent or guardian whose child has registered with the Site via their consent and log in credentials; A “Donor” is someone who gives or donates money to a campaign on the site. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”
You agree to:
- Provide true, accurate, current, and complete information when using the site, not limited to information about yourself, your organizations, and your fundraising activities. You will maintain the accuracy of all information you provide to us by updating it promptly. You authorize us to make inquiries, either directly or through third parties, to validate the registration information. We reserve all rights to suspend or terminate your account, refuse any current or future use of the service, take legal action against anyone who misrepresents personal information or is not truthful about their identity, or presents inaccurate and incomplete information. However, you acknowledge that we cannot guarantee by 100% the accuracy of any information submitted by any User of the Site, nor any identity information about any User.
- When creating a campaign you must complete the account registration process. If you are 13 years of age or younger, we will request your parent’s email and name as a means of receiving parental consent. For members 13 years of younger, an account is established on behalf of the child using the parent’s details. To register as a member on our Site, it is recommended that you are either a youth (ages Kindergarten through College), working with youth, or are part of an organization that works with youth and be in the position to raise money for a cause chosen by them. An account may be terminated without warning if we believe it does not follow these guidelines.
- Parents may only register their own children, unless they are the child’s legal guardian (collectively “Parent”). A Parent’s Membership (and concurrently an associated Child’s Membership) may be terminated without warning if we believe that you are under 18 years old or are not the legal Parent of any child you have approved for membership on this Site.
- You are responsible for all activities occurring under your email address and for keeping your password secure.
- We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately.
- Give My Day will have access to all information you submit to the Website. If you create an account with us, we may send an email newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the email newsletter.
- You represent and agree that you will provide support and documentation to Give My Day related to the charitable use of such regrant and that the proceeds of the campaign don’t benefit you nor any person or entity related to you more than incidental
- You represent and agree that Give My Day maintains exclusive and full discretion and control over use of all contributions it receives.
Charged Back or Refunded Donations
In accordance with IRS regulations, Give My Day enforces a strict “No Refunds” policy for donations made. However, Give My Day recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
A Charge Back transaction occurs when the 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. Give My Day staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Organization. However, if the Organization is unable to resolve such cases and the case is referred to pre-arbitration, the Organization will accept the Charge Back transaction.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include: campaign selected incorrectly, an incorrect name, dedication, or designation, or any other non-financial reason. Give My Day retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if Give My Day has not yet regranted the funds to the designated recipient (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the recipient organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Give My Day may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Website, for the authorized
Terms and Termination
These Terms apply to your use of Give My Day service and the Website at all times, irrespective of whether you register as a member. Once you become a member, your membership may be terminated by us at any time and for any reason. After your membership terminates, you may not use Give My Day services that are available only to members. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive any termination of your membership.
Appropriate Conduct and Content
We make the Website available for personal, noncommercial use. No one may use the Website for any commercial purpose without our prior written consent. Please consult the IRS guidelines, which can be found by clicking here, for additional information on deductibility of charitable contributions.
You may not use the Website for any illegal or unauthorized purpose. While using the Website, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, sound, logos, symbols, videos, graphics, links, and other content (“Materials”) that you submit, post, and display on the Website.
The information, ideas, or opinions posted by the users of the Website do not necessarily reflect our views. We will seek to remove or edit, with or without notice to you, any Materials that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other Materials that we determine in our sole discretion are fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any Materials, however, is not a warranty, endorsement, representation, or guarantee regarding such Materials. You have sole responsibility for your Materials and the consequences of posting Materials to the Website.
While using the Website, you must avoid engaging in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Give My Day and its employees and agents;
- violates these Terms or any other policy posted on the Website; or
- interferes with the use of the Website by others.
The Website and its contents are protected by copyright as a collective work and/or compilation, in accordance with U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, noncommercial use. Except as expressly authorized by us, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of our proprietary information, which includes all postings and photos on the Website. By submitting, posting, or displaying any Materials on or through the Website, you automatically grant us a worldwide, perpetual, nonexclusive, royalty-free license to use in any fashion such Materials. We retain all intellectual property rights in the software, tools, designs, documentation, data, and any other materials developed or provided by us on the Website, including without limitation the services and any data, text, pictures, sound, graphics, logos, markets, symbols, video, visual, oral, or other digital material and any other content of any description.
Links to Other Websites and Content
We may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Changes to the Website
We may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Disclaimer of Warranties
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. We also disclaim any and all responsibility and liability for the conduct of any member.
Assumption of Risk
We provide Give My Day service, the Website, and all materials, information, products and services included therein on an “as is” basis, with no warranties whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the preceding disclaimers and exclusions may not apply to you.
Your use of Give My Day service and website is entirely at your own risk.
Hold Harmless and Indemnity
You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of Give My Day service or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Limitation of Liability
Under no circumstances will we be liable to you for any indirect, incidental consequential, special, or exemplary damages arising out of or in connection with use of Give My Day service or the Website, whether or not we have been advised of the possibility of such damages. Such limitation of liability applies (i) whether the damages arise from use or misuse of and reliance on Give My Day service, from inability to use Give My Day service, or from the interruption, suspension, or termination of Give My Day service (including such damages incurred by third parties), (ii) notwithstanding any failure of essential purpose of any limited remedy, and (iii) to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitations and exclusions may not apply to you.
Additionally, under no circumstances will we be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Changes to the Terms of Service
We reserve the right to modify or terminate Give My Day service or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Your continued use of the Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
Give My Day may provide you with notices regarding Give My Day service, the Website, or these Terms by regular mail, email, or postings to the Website.
These Terms constitute the entire agreement between you and Give My Day with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.
This Agreement and the relationship between you and Give My Day shall be governed in all respects by the laws of the State of Colorado without regard to conflict of law principles. You and Give My Day agree to submit to the exclusive jurisdiction and venue of the courts located in the County of Boulder, Colorado except as provided below regarding optional arbitration.
Optional Arbitration For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), shall be settled through arbitration that takes place in Boulder, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. The party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.