GiveMN Terms of Use

Introduction

GiveMN is a Minnesota non-profit corporation and this GiveMN website, including all sub-domains, and all software and services provided through this website (collectively the “Website”) are provided in an effort to promote the GiveMN Mission. All uses of the Website are governed by these Terms of Use (“Terms”), which may be updated by GiveMN at any time as set forth below. As used in this Terms document, terms such as “we” or “our” or “GiveMN” refer to GiveMN and its subsidiary and affiliated entities. By using this Website, you agree to these Terms and agree that you have read, understand and agree to be legally bound by these Terms and our Online Privacy Policy (“Privacy Policy”), which is hereby incorporated by reference (collectively “Agreement”).

Protection of Children

Our Website is not structured, targeted, designed or intended to attract use by children under the age of 13. GiveMN does not knowingly solicit use by children under the age of 13. In accordance with the Children’s Online Privacy Protection Act, we will not intentionally accept information from users under the age of 13. By using this Website, you certify, warrant, and represent that you are at least 13 years of age. You must review this Agreement with your parent or guardian if you are 13 or older, but under the age of 18.

International Use

This Website is operated, controlled and designed for use within the United States. GiveMN makes no representation or warranty that the Website is appropriate or accessible outside the U.S. If you are accessing the Website from outside the U.S., whether directly or indirectly, you do so at your own risk and are responsible for compliance with all applicable laws.

Use/License/Content/Ownership

We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Website solely to promote electronic giving and to advance the GiveMN Mission in accordance with these Terms. You may make donations, post content and information, and develop campaigns that solicit donations to nonprofit or charitable organizations.

All content of the Website, which may include without limitation, software, text, graphics, images, sound recordings, audiovisual works, information, data, photographs, logos, trademarks, service marks, and other content or materials, associated technology, and the look and feel of the Website (collectively "Content"), are the proprietary property of GiveMN, which is owned by GiveMN or its licensors. Any rights to Content not expressly granted to you herein are reserved by GiveMN. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel or otherwise. Excluding your own Content posted on the Website in accordance with the Terms or as expressly allowed in these Terms, you may not sell, publish, transfer, copy, transmit, frame, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, without our express written permission; any such use is strictly prohibited. Unless you have received specific written permission from GiveMN, you may not alter or modify any Content on the Website. You must retain all copyright and other proprietary notices, without obscuring the notices, contained in or on the Content.

Some portions of the Website allow you to upload, post, and/or distribute Content; or view, copy or download Content. Such use of the Website, and other communications with GiveMN regarding the Website, are subject to the following conditions:

1) All your Content and the consequences of posting Content are solely your responsibility and are subject to the Agreement.

2) By using the Website you may be exposed to Content that, in your opinion, is offensive or objectionable. GiveMN may, but is not obligated to, preview or review any Content and, in its sole discretion, block or remove without notice Content that violates the Terms or are otherwise objectionable from the Website. Failure to block or remove some or all of the Content is not an endorsement, and is done at our discretion.

3) You represent and warrant that all of the Content you provide does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and that you have the right to provide the Content, including the rights necessary to grant the license to the Content as set forth below.

4) By posting, inputting data or engaging in any other form of communication through the Website, uploading or otherwise distributing your Content on the Website, you explicitly consent that GiveMN may access, display, view, store, and/or download such Content, and post or forward such Content to others who may or may not be registered users of the Website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to GiveMN a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, world-wide license to all your rights in the Content (including moral rights) for all purposes, including but not limited the rights to use, reproduce, modify, compile, combine with other content and data, copy, record, synchronize, incorporate such Content into other works, adapt, format, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, and index your Content and display, perform, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the Website. You retain all copyrights and other intellectual property rights in and to your own Content. By providing Content to the Website, you hereby permit, but do not require, GiveMN to identify you as the provider of such Content. You may revoke this license in regard to the right to display your Content by removing your Content from the Website. You agree that we have no liability or responsibility for the storage or deletion of any Content that you submit or post or emails you send through, or related to, the Website.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of Content not owned by you.

The trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of GiveMN or its licensors (“GiveMN Marks”). Other company, product, and service names located on the Website may be trademarks or service marks owned by others (“Third-Party Marks” and, collectively with the GiveMN Marks, the “Marks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. All goodwill generated from the use of GiveMN Marks inures to our benefit, and as appropriate, to the benefit of our licensors.

Confidential Communications and Infringement Notifications

Unless consistent with prior arrangements made in writing and agreed to by all parties, please do not send us any content that contains confidential information. With respect to all communications you send to us, including, but not limited to, feedback, questions, complaints, data, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, techniques, or other intellectual property contained in your communications for any purpose whatsoever, including but not limited to, development uses, production uses, marketing, creation of derivative works, display, reproduction and distribution based on, or that incorporates, such information without any payment, royalty or obligation to you.

If you believe any portion of the Website infringes on your copyright please notify us immediately in a manner that complies with the Digital Millennium Copyright Act and include in your notice:

1) The name and description of the work that is infringing, including where on the Website the work is located (the URL or other clear identifier).

2) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

3) A statement that you have made a good faith effort to determine, and have a good faith belief that, use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

4) Your name, address, telephone number and email address, and if different and available, the name, address, telephone number and email address of the copyright owner.

5) A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) You must sign this notification and send it to us at: GiveMN, Attn: Compliance Officer, 101 Fifth Street East, Suite 2400, Saint Paul, Minnesota 55101.

Registration

Some portions and features of the Website require registration, and may include setting up a user name and password. If you do not register you may not be able to use all of the features of the Website. If you are registering on the Website as an organization, you represent and warrant that you have the authority to bind the entity to this Agreement. If you register, you agree to provide accurate and complete information. You also agree that to continue using the Website you will update the registration information to maintain the truthfulness, accuracy and completeness of the information. We are under no obligation to accept any individual or entity as a registered user, and may accept, reject or disable any registration in our sole and complete discretion at any time.

Prohibited Activities

You agree not to use the Website to upload, download, scrape, post, or otherwise use or transmit any Content, information, or code that:
-- is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, discourteous, obscene, pornographic, sexually explicit, vulgar, or is otherwise objectionable;
-- promotes hate, hate speech, violence, intolerance, or the financial exploitation of a crime;
-- constitutes unauthorized disclosure of personal, confidential, or sensitive information;
-- infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party under the laws of any jurisdiction;
-- contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information;
-- misrepresents your identity or affiliation with a person or entity or allows you to impersonate another real or fictional person;
-- creates multiple user accounts by automated means or under false or fraudulent pretenses;
-- directly, or indirectly, send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication;
-- attempts to gain unauthorized access to the Website or any other service, system or networks connected to the Website, and/or other accounts not belonging to you, or violate security of any portion of any Website, by hacking, password mining or any other means;
-- obtains or attempts to obtain any information, materials or documents not purposely made available through the Website through any means;
-- republish the Website Content, not provided by you, or incorporate the Content in any other database or compilation without the express written consent of GiveMN;
-- attempts to interfere with the proper working of the Website or any transaction being conducted on the Website or to restrict or inhibit any other user from accessing or using the Website, including but not limited to, hacking or defacing any portion of the Website, or through a denial of service attack;
-- violates any applicable local, state, national or international law;
-- manually or through automated means, including spiders, robots, crawlers, data mining tools, or the like scrapes or downloads any data from the Website, unless expressly permitted in writing by GiveMN;
-- encourages, promotes, facilitates or instructs others to engage in illegal activity; or
-- conflicts with the GiveMN Mission.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any Content that we determine conflicts with the above prohibited activities.

Third-Party Websites and Links

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the External Sites. You should contact the site administrator for those External Sites if you have any concerns regarding such External Sites. We are not responsible for External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. Consequently, External Sites may have different terms of use and privacy policies. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. If you believe a linked External Site is engaged in fraudulent activity, or activity contrary to these Terms, please contact us immediately so we can determine in our sole discretion what action should be taken with the link on our Website. When contacting us please provide sufficient detail for us to identify the link and fully understand the issue. Using our sole discretion, we may, or may not, provide you with updates and/or request further information.

Administration Cost

You understand that there are administrative costs, expenses and fees associated with maintaining this Website and processing donations. Consequently, a tax-deductible transaction fee of 6.9% will be applied to all donations made through the Website.

Use of Third-Party Fund Administrator

We may use a third-party Fund Administrator that is a 501(c)(3) public charity to process your transaction. If we use a Fund Administrator, the Fund Administrator shall permit contributors to make recommendations for re-grants to qualified charities recognized by the Internal Revenue Service (“IRS”) under section 501(c)(3) of the Internal Revenue Code (excluding private non-operating foundations and trusts) and schools recognized by the Department of Education National Center for Education Statistics (“NCES”). Donors who make donations through the Website shall acknowledge that their charitable gifts are completed contributions made to the Fund Administrator, which will hold and administer the donations. As required by the IRS, the Fund Administrator shall have exclusive legal control over such donations. To the fullest extent consistent with its exempt purposes and operation as a Fund Administrator, re-grants shall be made to qualified charities suggested by donors at the time of their donation. If the Fund Administrator determines that the recommended charity does not qualify to receive donations (e.g. it has been classified as a disqualified entity by the IRS) then the Fund Administrator will select to grant to an alternate entity which may include GiveMN. If we use a Fund Administrator, the name of the entity administering the fund will appear on your donation receipt as the recipient of the donation.

Refund Policy

Donations made on GiveMN.org are final, irrevocable and non-refundable. Should a refund be granted in the discretion of GiveMN, its delegates or the Fund Administrator, such refund shall not be construed as setting a precedent. Donations are considered complete for purposes of this refund policy as soon as you submit the donation through the Website. Requests for refunds should be made by sending an email as soon as possible after the donation was made to [email protected] with the words “Refund Request” in the subject line and a detailed description of the donation and the reason you are requesting a refund. We will make efforts to timely respond to refund requests, however, we make no promises that we will respond or that a refund will be made. If we determine a refund is appropriate we may refund all or part of your donation and may withhold transaction fees incurred in obtaining the refund.

Taxes and Tax Deductibility of Transactions

You will receive a receipt for your donation stating that “no goods or services were provided in return for the contribution.” You are responsible for all taxes, if any, associated with your transactions including donations and contributions. You are responsible for determining the tax deductibility of your donations made through the Website. If you are unsure you should contact your tax advisor for assistance.

Compliance with Laws

You agree that your use of the Website, and all uses related, directly or indirectly, to your use of the Website, complies with all applicable local, state, federal, foreign and international laws, regulations and rules (collectively “Laws”). This includes, without limitation, all Laws related to solicitation of donations, money laundering, anti-bribery, privacy, anti-discrimination, fraud, financial transactions, terrorist/terrorism and digital communications.

Termination and Survival

Unless explicitly stated elsewhere in this Agreement all terms, rights and obligations that naturally should survive termination of your use of the Website and termination of these Terms, do survive. These include, but are not limited to the survival of the sections with the headings “Taxes and Tax Deductibility of Transactions,” “Compliance with Laws,” “Termination and Survival,” “Warranty,” “Limitation of Liability,” “Indemnification,” “Contractual Limitation on Time to Bring Action or Dispute,” “Governing Law and Jurisdiction,” “Non-Waiver,” and the licensing of your Content to GiveMN.

Warranty

The mere inclusion of any content, links or materials on the Website does not constitute or indicate GiveMN’s endorsement. The Website, including all content, software, functions, services, materials and information made available on or accessed through the Website, is provided on an "AS IS” and “AS AVAILABLE" basis. To the fullest extent permissible by law, GiveMN makes no representation or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website, for any products or services, or links to third parties, as to tax status or treatment of transactions, or for any breach of security associated with the transmission of sensitive information through the Website or any linked or referenced site. Further, GiveMN disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. GiveMN does not warrant that the functions contained in the Website or any content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.

Limitation of Liability

YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST REVENUES) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE GREATER OF ONE DOLLAR OR THE MINIMUM AMOUNT OF DAMAGES ALLOWED BY LAW, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR (I) OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE; (II) ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH; AND (III) ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS OR SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR ORGANIZATION OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

Indemnification

You agree to indemnify, defend and hold GiveMN, and all its subsidiaries, affiliates, shareholders, owners, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liability and costs, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites and Content; (ii) Content you submit, post, transmit or otherwise make available via the Website; (iii) your violation of these Terms. This indemnification obligation will survive the termination of your use of the Website or termination of these Terms. GiveMN reserves the right, at its own expense, to assume the exclusive defense and control of any matter arising under this Agreement subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any claim and in no event shall you settle any matter in which GiveMN is directly, or indirectly, implicated without the written consent of GiveMN.

Contractual Limitation on Time to Bring Action or Dispute

Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year after the day you either knew or should have known that you had an actionable dispute.

Governing Law and Jurisdiction

This agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this agreement shall be an appropriate state or federal court located in either Hennepin or Ramsey county, in the State of Minnesota. The Uniform Computer Information Transactions Act (UCITA) as may be enacted, amended, or modified by the various states, is expressly excluded.

Headings

The paragraph and section headings used in this Agreement are for reference and convenience only and will not limit or control the interpretation of any term or provision of this Agreement.

Assignment

We may assign any of our rights or obligations under the Terms to another party without notice or consent for any reason. You and GiveMN are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Severability

If any provision of this Agreement is found by a governmental authority or a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted so as to best accomplish the objectives of the original provision so as not to be invalid, illegal or unenforceable, or if no such interpretation is possible, such provision shall be severed herefrom and the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected by such provision.

Non-Waiver

GiveMN may waive or fail to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions and such waiver or forbearance shall not be construed to be a waiver of the same or any other option, right or privilege on any other occasion by GiveMN.

Consent and Changes

By using this Website, you consent to the terms of this Agreement. This Agreement constitutes the entire agreement between you and GiveMN. Our business changes constantly and our Terms may also change from time to time. You should check our Website frequently to see recent changes. We may change these Terms at any time in our discretion and without notice. If we do so, such change will appear on this Website. You may always visit these Terms to learn of any updates.

Conflict of Terms

If there is a conflict between any terms of use or policy contained on the Website, GiveMN, in its sole discretion, shall determine the resolution to such conflicting terms.  GiveMN’s determination shall be binding so long as such determination is consistent with Laws.

Effective Date

The effective date of these Terms is July 1, 2014.
Copyright 2014 GiveMN, a Minnesota Nonprofit Corporation
October 1, 2017 revision

 


The K Foundation General Terms & Conditions

Introduction & Purpose

The K Foundation (“TKF”) is a tax-exempt 501(c)(3) public charity whose charitable purpose is to encourage the increase of philanthropy among people of all means by facilitating online donations for charitable purposes through the efficient receipt, processing, tracking and disbursement of charitable contributions for nonprofit organizations and schools.

TKF is a supporting organization of Greater Horizons (“GH”), a 501(c)(3) public charity formed in 2004. As a supporting organization of GH, TKF has public charity status.

TKF, through a partnership with Kimbia, Inc. (a provider of SaaS services to nonprofit organizations, based in Austin, TX), accepts donations into charitable funds established with TKF by Kimbia customer through the customer websites (“Site” or “Sites”). The purpose of these Terms is to explain TKF’s role and responsibilities regarding donations that flow into a TKF fund under these arrangements.

Effective Date

The effective date of these Terms is the same as the related Kimbia sales contract with Kimbia’s customer that is directing donations towards TKF, and applies to all donors and donations made on the Site.

A Donation

When an individual makes a donation on GiveMN.org, they are making a donation to GiveMN.org’s fund at TKF. TKF facilitates the granting of those donations to the specific charitable organizations recommended at the time of a donor’s gift. All donations made through the Site are final, irrevocable and non-refundable, and are subject to these terms and TKF’s Procedures for Establishment and Operation of Funds. TKF has ultimate authority and control over all donations made through the Site.

The recommended distributions, if made by TKF, will not provide any substantial financial benefit to a donor and will not be used in whole or in part for any pre-existing legally binding pledge or for any private benefit such as dues, benefit tickets or tables at fundraising dinners, or goods and services bought at charitable auctions.

No goods or services will be provided in return for the contribution. See the Disbursement Process section below for more information about organizations’ restrictions on use of funds.

Donor Information

When you make a donation online, certain information is collected, including your name, billing address, transaction information, and email address. This information is visible to GiveMN, TKF as the legal recipient of the funds and administrator of the fund, and software and service providers including Kimbia.

Additionally, a nonprofit or school to whom you are recommending a donation will also receive your name, billing address, email address, and transaction information. If you wish for your information not to be disclosed to the nonprofit or school to whom you are recommending a donation, you may select the anonymous giving option on the donation form. As required by the IRS, in the case of some transactions, your name, gift amount, and billing address information may be made available by TKF to the IRS or other regulatory bodies as required.

Organization Eligibility

TKF policies are subject to change at any time as determined by TKF’s board of directors. TKF manages the criteria by which organizations are determined as eligible for grants and uses reliable publicly available databases of tax-exempt entity information such as GuideStar, the IRS Exempt Organization Business Master File, and NCES information for schools. Generally, presumed eligibility for a grant from TKF is met for a public charity as described in Internal Revenue Code sections 501(c)(3) and 509(a)(1).

Disbursement Process

TKF will typically re-grant donations made to eligible organizations recommended by donors on GiveMN.org. Grants to organizations are typically made once per month, and are processed no later than the 15th of the month following receipt of a donor’s gift. Single grants exceeding $25,000 are subject to more stringent approval processes and may in some cases be delayed. As described in the GiveMN Terms of Use, you understand that there are administrative costs, expenses and fees associated with maintaining this Website and processing donations. Consequently, a transaction fee may be deducted from all donations in accordance with TKF’s agreement with Kimbia Inc. and Kimbia Inc.’s agreement(s) with the Kimbia customer administering the Site. Additionally, Kimbia nonprofit customers may also request that a portion of the total amount withheld from donations also be granted to those Kimbia nonprofit customers.

TKF will mail checks to an organization’s address validated by the publicly available databases as described in the “Organization Eligibility” above, or as otherwise validated by TKF for that organization through appropriate organization-provided evidence. Organizations cashing or depositing the grant check will be presented with check stub information indicating that they agree that they will use the distribution fro Kimbia customer’s fund for general charitable purposes of their organization, or if requested by the donor, for those specific charitable programs and activities; that the organization will not provide the donor with any substantial benefit (as defined in IRS Revenue Procedure 90-12 (values updated annually) and IRS Publication 1771) in exchange for this gift; and that the organization will use this gift in accordance with these terms, with a web URL link to these terms.

TKF makes no claim or representation to the ability of any organization to legally receive grants at any point in time. In cases where TKF becomes aware of an organization’s status change to ineligible, between the time of a donation on the Site and TKF’s making of a grant, TKF will direct the contribution to an alternate charitable cause in accordance with the policies and procedures promulgated by TKF officers and directors.

The K Foundation
1055 Broadway Blvd., Suite 130
Kansas City, MO 64105
Federal ID 46-5670545

Greater Horizons
1055 Broadway Blvd., Suite 130
Kansas City, MO 64105
Federal ID 20-0849590

Effective Date

The effective date of these Terms is October 2, 2017.

© 2017 GiveMN | A registered 501(c)(3) nonprofit organization.