terms and conditions of use
Thank you for visiting the official website (“Site”) of PlanetGive, LLC (“PlanetGive”, “We”, or “Our”) and welcome to PlanetGive. For information about this Site or PlanetGive, you may contact us at: firstname.lastname@example.org
This Site is owned and operated by PlanetGive. The Site’s purpose is to provide information and services related to charitable giving.
Terms and Conditions:
These Terms and Conditions of Use (“Terms”) define the terms and conditions under which PlanetGive makes its Site available to you and other users, and governs your access to and use of the Site and various online tools and services that PlanetGive and/or our payment processor, DonateWell, make available to you and other donors, registrants, and all other users of the Site and related services (“Service”). BY USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
PlanetGive reserves the right, at its sole discretion, to make changes to portions or all of these Terms at any time by posting the revised Terms on the Site. You are responsible for checking these Terms periodically for changes. Your continued use of the Site means that you agree to, and are bound by, any new or modified provision of these Terms that is posted on the Site.
In using this Site and Service, You understand and agree to the following:
Like any tax-deductible charitable donation, Your donation cannot be cancelled and is non-refundable. If You have a situation in which You require a refund, please contact directly the nonprofit to whom You donated to inquire about their refund policy. PlanetGive is not responsible for contacting or informing You if a charity or nonprofit You selected no longer accepts donations, is no longer recognized by the IRS as a public charity, or is no longer in good standing with federal regulators. You cannot accept any goods or services in exchange for Your donation(s). If You received goods or services in exchange for Your donation(s), You understand that Your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
All donations to nonprofits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the nonprofit designated is charged on Your credit card and paid to, and processed by, DonateWell, or its affiliates, on such nonprofit organization’s behalf. Any payments of donations are final and non-refundable. You agree not to use an invalid or unauthorized credit card in making transactions on the Site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the payment card used is proved. If You become aware of fraudulent use of Your card, or if it is lost or stolen, You must notify Your card provider in accordance with its reporting rules. As a donor or fundraiser, You are solely responsible for ensuring that You have selected the correct organization to donate to or fundraise for.
PlanetGive User Accounts:
We make this Site and Service available for use by the general public subject to these Terms. When You use the Site or Service for any purpose, You will be asked for Your name, address, email address, and other information to identify Yourself and You will be given the option to create a PlanetGive account. In order to access and use the Site and Service, aside from making a donation, You must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account. Any attempt to access restricted areas without authorization is prohibited. When you create an account with PlanetGive, You will need to choose a password to access private services PlanetGive offers. You are responsible for maintaining the confidentiality of Your password, and must keep it in a secure place and do not allow any unauthorized persons access to it. If You are aware of any unauthorized use of Your password or other security breach, notify PlanetGive immediately.
Donor Agreement with DonateWell:
DonateWell is a 501(c)(3) nonprofit organization that sponsors a national donor-advised fund (DAF) and is registered with the IRS with EIN 46-0942102. DonateWell has hired PlanetGive to use its technology to further DonateWell’s charitable mission. Donations processed through the PlanetGive Website are actually made to DonateWell as an advisement for making a grant to an intended 501 (c)(3) charity. When making a contribution through PlanetGive and ultimately to DonateWell, you agree to the terms defined in the DonateWell DAF Guide [http://donatewell.org/daf-terms.html], which is incorporated by this reference, and you declare the following: a) you understand that your donations are completed gifts to DonateWell and are not refundable; b) you or any related third party will receive no more than an incidental benefit from your donation. Your donation benefits the advised recipient Charity; c) although DonateWell will do its utmost to ensure your donation is sent to the specific Charity you advise, you have imposed no conditions or restrictions preventing DonateWell from complying with legal and regulatory requirements or using the contribution to further its charitable mission; d) you have advisory privileges on the distribution of money. You grant DonateWell exclusive legal control and ownership of your contribution, and accordingly, DonateWell reserves the final and sole authority to decide whether to make a grant to an organization. DonateWell grants your contribution to the specific Charity you advise, as long as that Charity is in good standing; e) you authorize DonateWell to contact you in relation to your donation, if necessary.
The entirety of your donation is a tax-deductible gift and you will be issued a receipt for that amount. You understand that a modest fee will be deducted from your donation to cover transaction and processing services: 3% of the amount of your donation goes to DonateWell’s administration, grant processing, charity support, and banking fees; 2.3% of the amount of your donation goes to PlanetGive to support and sustain its charitable-giving platform and services; 2.2% + $0.30 for Visa, MasterCard and Discover transactions, and 3.5% for American Express.
You understand and agree that if Your donation is recurring, Your first donation will be charged immediately, and the next donation will occur in the month(s) You have chosen. Recurring donations are charged on the anniversary of the date You set up your donation based on the frequency selected (for example: if You set up a monthly recurring donation on the 10th day of a month, the recurring donations will be charged on the 10th day of each month thereafter), and can be cancelled at any time before the next payment is charged. If a payment card is declined the donation will be automatically cancelled.
Content and Intellectual Property Information:
PlanetGive and the PlanetGive logo are service marks of PlanetGive (the “Marks”). PlanetGive’s Marks may not be used without permission. Any third party trademark(s), service mark(s) or logos that may appear on our Site are the property of their respective owner(s) and may be subject to restrictions as to their use.
The Site’s proprietary contents include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on the Site (the “Content”), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Site’s Content is owned, controlled or licensed by or to PlanetGive, and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. PlanetGive reserves all rights, title, and interests in the Content and this Site.
Except as expressly provided in these Terms or by PlanetGive’s express written consent, no part of the Site and no Content may be copied, distributed, encoded, posted, publicly displayed, published, republished, reproduced, translated, or uploaded, in any manner. You may, however, make a simple recording or download Content for use on Your personal computer for Your own personal, non-commercial purposes, so long as: (1) such Content is not disseminated in any media or publicly-accessible forum; 2) such Content is not modified in any way; 3) PlanetGive’s notices and other ownership indications are not modified or removed; and 4) no additional representations or warranties regarding such Content are made. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.
You understand and agree that any information, ideas or opinions posted by users of the PlanetGive Site do not necessarily reflect Our views. WE DO NOT ASSUME RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION, IDEAS OR OPINIONS POSTED BY USERS AND ARE NOT LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM SUCH INFORMATION, IDEAS OR OPINIONS.
Digital Millennium Copyright Notice and Other Reports of Infringement:
Pursuant to 17 U.S.C. § 512(c)(2) (“Digital Millennium Copyright Act of 1998”), You may contact PlanetGive to report the infringement of any intellectual property right through PlanetGive’s designated agent:
Damon J. Whitaker, Esq.
Bryan Cave LLP
1201 West Peachtree St., NW
Atlanta, Georgia 30309
Access and Use of Website:
This Site is intended to be used only by individuals and entities that can form legally binding contracts under applicable law (“Adults”). Although persons who are too young to enter legally binding contracts (“Minors”) and are at least 13 years old may visit and use Our Site with the permission of their parents or guardians, any donations made through the Site must be made by an Adult. Parents should assist their Minor children who are at least 13 years old and wish to register for an account and make donations through the Site. Any Minors who use the Site are deemed to have done so with their parents’ permission, and any donations made as a result shall be deemed to be made by an Adult.
IF YOU USE THIS SITE OR ANY OTHER PLANETGIVE SERVICE, YOU AGREE THAT PLANETGIVE IS NOT RESPONSIBLE FOR SUCH USE OR THE RESULTS OF SUCH USE AND RELEASE, INDEMNIFY AND HOLD HARMLESS PLANETGIVE FROM ANY AND ALL CLAIMS RELATED TO SUCH USE.
PlanetGive uses the means it believes are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond PlanetGive’s control and subject to any breakdowns or maintenance operations required to ensure the smooth and reasonable operation of the Site. PlanetGive shall not be liable for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown, or any event beyond PlanetGive’s reasonable control, including without limitation, fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.
You may only use the Site for lawful purposes. In Your access and use of the Site, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of PlanetGive or any third party; (ii) abuse, defame, harass, or stalk any individual; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working of the Site, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including, without limitation, PlanetGive, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Site, or portions of the Site that are restricted from general access; (vii) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation, or operate, conduct, or promote raffles, lotteries, or other similar gaming activities for any purpose; (viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Site without their express consent or other information relating to this website; (ix) use any meta tags or any other hidden text utilizing the PlanetGive name, service marks, trademarks, or service names; (x) advertise, offer to sell, or sell any goods or services; (xi) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (xii) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PlanetGive’s systems or networks, or any systems or networks connected to the Site or PlanetGive; or (xiv) assist any third party in engaging in any activity prohibited by these Terms.
Communication of Information To and On the Site:
If You submit or upload any documents, postings, messages, notes, emails, descriptions, pictures, videos, links, other information, or other content through this Site, You are acknowledging that any such information does not create any confidential, fiduciary, contractually implied or other relationship between You and PlanetGive, its agents and representatives, or its other customers members, or users, and such information may be used by PlanetGive for any purpose, including for promotional or advertising purposes, without any obligation to compensate You or anyone else.
The Site may contain features that allow You to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then displayed on the website and accessed by other website users (a “Posting”). You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying this website, in whole or in part; (ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
By submitting or authorizing a Posting, You are granting PlanetGive a perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, distribute, perform and display such Posting (and any information contained therein) and derivative works thereof, in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our applicable agreements with You. You hereby irrevocably waive any claims based on moral rights or similar doctrines and theories, and also based on right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories and torts.
You acknowledge and agree that PlanetGive does not necessarily pre-screen all Postings, but that PlanetGive and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit, disable or remove, any Posting that is available via the Site. By way of example and without limiting the foregoing, PlanetGive and its designees may edit, disable, remove, or restrict access to or the availability of, any Posting that violates these Terms or is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. PlanetGive assumes no liability for use of any Posting by any third party.
Links To Third Parties:
The Site may contain links to the websites of PlanetGive partners, advertisers or unrelated third party companies (“Linked Sites”).
PlanetGive does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. PlanetGive does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that PlanetGive has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. PlanetGive accepts no liability for any direct or indirect damage that may result from a user’s visit to a Linked Site, or from a user’s use of the contents, products or services of these websites or their owners or operators.
Your Representations, Warranties, and Indemnification of PlanetGive:
Use of this Site and Service is at your own risk, and You acknowledge that PlanetGive provides the Site, Service, and any tools on an “As Is” and “As Available” basis.
You represent, warrant and covenant to PlanetGive that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms; (ii) Your assent to and performance of Your obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) You are able to form a legally binding contract, and these Terms constitute legal, valid and binding obligations on You, enforceable in accordance with their Terms; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of PlanetGive or any third party in Your use of the Site or Service; (v) You are not using, and will not use, the Site or any information contained therein for any improper, harassing, or unlawful purpose; and (vi) You will comply with all applicable laws, rules and regulations in Your use of the Site or Service, including these Terms.
You agree to indemnify and hold harmless PlanetGive and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers (“Indemnified Parties”) from any and all damages, losses, costs or expenses (including without limitation, attorney’s fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of these Terms; (ii) arising from, related to, or connected with Your use of this Site and/or its Content; or (iii) arising from, related to, or connected with Your participation in any PlanetGive service.
Disclaimers, Exclusions and Limitations:
As used below in this section, “PlanetGive” refers to its owners, its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers and suppliers.
DISCLAIMER OF WARRANTIES:
THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PLANETGIVE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS:
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SITE AND/OR ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE SITE AND/OR ITS CONTENT;
(2) PLANETGIVE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AND/OR ITS CONTENT OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SITE AND/OR ITS CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) PLANETGIVE MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES OR PROVIDED BY USERS AND USED ON OR WITH THE SITE IS ACCURATE, TIMELY, OR ERROR FREE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL PLANETGIVE OR THE THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY PLANETGIVE OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF PLANETGIVE OR THE THIRD PARTIES MENTIONED ON THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Violation of These Terms:
You agree that PlanetGive may, in its sole discretion and without prior notice, terminate Your access to the Site, including but not limited to Your participation in any PlanetGive service, if PlanetGive determines in its sole discretion that You have violated these Terms.
PlanetGive may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with PlanetGive’s rights or property, or a Site visitor’s rights or property. PlanetGive reserves the right to disclose any information PlanetGive deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that PlanetGive may preserve any communication by You with PlanetGive through the Site or any service offered on or through the Site, and may disclose such communications when required by law or if PlanetGive deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to a claim that the communication, Posting, or contents therein violates the rights of others; or (4) protect the rights, property or personal safety of PlanetGive and its employees, users of or visitors to the Site, and/or the public.
If PlanetGive takes legal action against You as a result of Your violation of these Terms, PlanetGive will be entitled to recover from You, and You agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to PlanetGive. You agree that PlanetGive will not be liable to You or to any third party for termination of Your access to the Site or removal of any communication or Posting by You, or contents thereof, as a result of any violation of these Terms.
Void Where Prohibited:
PlanetGive reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If You choose to access the Site from outside the United States, You are solely responsible for complying with applicable local law.
Modification or Termination of the Site:
PlanetGive may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Site, temporarily or permanently, at any time without prior notice.
Jurisdiction and Applicable Law:
These Terms shall be governed, construed and applied in all respects by the laws of the State of Georgia, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with these Terms or Your use of the Site shall be brought before the federal or state courts located in the State of Georgia. By using the Site, You expressly consent to the personal jurisdiction and venue of such courts and waive any challenge thereto.
If any provision of these Terms are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms, with all remaining provisions remaining in full force and effect.
These Terms constitute the entire agreement between You and PlanetGive with regard to Your access and use of the Site, including but not limited to Your participation in any PlanetGive service. No counter-offers to these Terms shall be accepted by PlanetGive, and PlanetGive rejects all such counter-offers.
PlanetGive’s failure or delay to insist on or enforce strict performance of these Terms shall not be construed as a waiver of any provision or any right that PlanetGive has to enforce these Terms.
These Terms do not confer any rights or remedies on any third parties.
Updated by PlanetGive on February 15, 2017.