Privacy Policy

AllGive

AllGive, LLC (“AllGive”, “we” “us” or “our”) takes your privacy seriously. At AllGive, we understand that privacy is very important to you and we are committed to protecting your information as set forth in this Privacy Policy (“Policy”).

This Policy (together with our Terms of Use and any other documents referred therein) describes the personal information that we collect from you, or that you provide to AllGive through your use of our website, AllGive.org (“Website”) and related subscription giving services (the “Service”), and how that information may be used or disclosed by us.

This Policy covers only information that is collected by AllGive and does not cover websites to which we link, or information we collect through any other means, or by any other company, affiliate or third-party site.

Please read this Policy carefully to understand our policies and practices regarding your personal information. By using or accessing the Service, the Website, or Subscription you agree to this Policy.

Minors Under the Age of 13

You must be 18 years of age or older to use AllGive. If you are under 18, you must use the Service under the supervision of a parent or legal guardian. Our Service is not intended for minors under 13 years of age and no one under age 13 may provide any personal information to the Service. Pursuant to the Children’s Online Privacy Protection Act, we do not knowingly collect personal information from children under 13. If you are under 13 years of age, please do not register for the Service or send any information about yourself to us, including your name, address, telephone number or email address. In the event we learn that we have collected personal information from a minor under age 13, we will delete that information.

Collected Information

Our primary purpose in collecting personal information is to allow you to create a User Account to use the Service and make Subscriptions to Charities. This information allows us to provide and customize the Service to make your experience safer, easier, and more flexible to your needs.

We collect the following information:

When you register and set up a User Account, we collect personal information such as your name, email address, and phone number. When you subscribe to a Charity, we collect and transmit personal information such as your name, email address, phone number, address, billing address, and billing information to our third-party payment service provider. AllGive automatically receives and records information on our server logs from your browser, including your IP Address, cookies, and the pages you request. IP Addresses are automatically reported by your web browser each time you view a web page.

We use the information we collect from you as follows: AllGive will not sell or disclose your name, payment information, or email address to third parties without your explicit consent, except as specified in this Policy and in our Terms of Use. We use a third-party payment service provider, currently Stripe, in lieu of directly processing or storing your payment information. AllGive does not partner nor affiliate with our third-party payment service providers. All matters regarding your payment information is subject to the third-party payment service provider’s privacy policy and terms of use, the current versions of which can be found at Stripe. AllGive uses information for the following general purposes: providing the Service, billing, identification and authentication, Service improvement, contact and customer support, research, and anonymous reporting. Your IP Address is stored in AllGive’s User databases when you register with AllGive. IP Addresses may be used for various research purposes and/or delivering unique functionality to our Service.

Automatic Data Collection

We automatically track certain information based on your use of the Website and Service. We use this information to improve our Service and do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve you and our community.

Log Files

Like many websites, we automatically gather certain information about our Website traffic and store it in log files. This information includes IP Addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual Users, to analyze trends, to administer the Website and to gather demographic information about our User base. We do not link this automatically collected data to personally identifiable information. We may use a third-party tracking service that uses log files to track non-personally identifiable information about visitors to the Website in the aggregate.

Cookies

We use cookies for managing your browser sessions for your convenience. Cookies are a feature of web browser software that allows servers to recognize the device through which you are browsing and save certain account information to provide personalized and streamlined access across related pages on our Website. Some of our business partners (e.g., advertisers) may also use cookies. We have no access to or control over cookies used on third-party sites or links. The acceptance and storage of cookies can be managed through your browser’s security settings on your web browser. If you reject cookies, you may still use our Website, but your ability to use some areas of our Website and your interaction with Charity pages may be limited.

How We Collect and Use Certain Information

Registration

To subscribe to a Charity, you must register for a User Account and set up a Login Profile. After you are logged into your User Account, you may subscribe to one or more Charities and select a Subscription Cycle that fits your needs. Scheduled Payments will be processed by our third-party payment service provider based on your Subscription Cycle.

During registration, you are required to provide your contact information (including your name and email address, address, and phone number) in accordance with our Terms of Use (see below). We use this information to create your User Account and contact you about the Service and your Subscriptions, provide you important information about our Terms of Use, this Policy, and other important information about AllGive and the Charities on our marketplace.

Billing

When you make Subscriptions, we request certain personally identifiable information from you. This information includes your name, address, billing address, billing or preferred payment information, and preferred email address.

We use this information for billing purposes through our third-party payment provider and to remit your gifts to the Charity. If our third-party payment service provider has trouble processing a Scheduled Payment, we will use the information you provided in your User Account to contact you.

Subscriptions to Charities

Funds received from Scheduled Payments will be kept by AllGive in a secure FDIC-insured account before being released to the Charities. Funds will never be held for more than one month.

Upon the release to the Charity, funds will be transported by bank transfer or paper check. Transportation method will depend on the Charity. You may view your Subscription history from your User Account or request a tax receipt of your donations directly from the Charity.

We collect information about your Subscriptions history. We use this information to show you the growth of your giving over time, how you can grow your gifts, and other related information about your Subscriptions, User trends and other information, whether related or unrelated to your Subscriptions or Charities you subscribe to.

Referral Programs

If you choose to use our referral program to tell a friend about our Service, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email about the Service, inviting him or her to visit the Website. AllGive stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at info@allgive.org to request that we remove this information from our database.

Public Forums

If you choose to post messages or leave feedback in our chat rooms or other public message areas on the Website or on social media platforms, we will collect the information you post. We retain this information for our general business purposes and as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. We reserve the right to terminate the User Accounts of Users who use our Service in a manner inconsistent with the Terms of Use.

Disclosure of Collected Information

We share aggregated information about our Users with our partners and advertisers. This information does not identify individual Users. We do not link aggregated data to personally identifiable information. Except as discussed below, we do not share personally identifiable information with third parties. We use a third-party payment service provider to charge your Scheduled Payments. Our payment provider does not retain, share, store or use personally identifiable information for any other purpose. For more information about how our third-party payment server provider uses your personal information please go to Stripe.

In addition, we may disclose your personally identifiable information to (i) our subsidiaries and affiliates; (ii) contractors and service providers we use to support our business who need the information in order to provide Service and agree not to disclose information to others; or (iii) a buyer in the event of a merger, divestiture, restructuring, reorganization, dissolution or any other form of sale of some or all of AllGive’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by AllGive about its Users is among the assets transferred.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights; to comply with a judicial proceeding, court order, or legal process served on us or the Website; or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains.

Communications from Us

Emails and Updates

We will occasionally send you information about the Service, Charities featured on our Website, and other information related to your Subscriptions and use of the Service.

Out of respect for your privacy, we present the option not to receive these types of communications. We strongly advise against this because our communications provide Users with important information about our Terms of Use, this Policy, our Service, Charities featured on the Website, and other important information about AllGive. If you choose not to receive our emails, AllGive will still use your email address to send you confirmations or errors regarding your Scheduled Payments.

Service-Related Announcements

We will send you Service-related announcements on rare occasions when it is necessary to do so. For instance, if the Service is temporarily suspended for maintenance, we may send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive such communications, you have the option to deactivate your User Account.

Customer Service

We will communicate with you in response to your inquiries, to provide the services you request, and to manage your User Account. We will communicate with you by email or telephone, in accordance with your preferences. You may contact customer service at info@allgive.org.

Tax Information

We may send you tax deduction information to evidence your donations to the 501(c)(3) charitable organizations you subscribe to. Your Subscription history will also be available from your User Account. You may also receive this information directly from the Charities. Unless contributed anonymously, Charities record your donations.

Choice/Opt-out

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by changing your settings in your User Account or by following the instructions included in each newsletter or communication or by emailing us at info@allgive.org.

Advertisements

The ads appearing on this Website are delivered to Users by our advertising partners. We share Website and Service usage information about Users with our advertising partners for the purpose of targeting our advertisements on the Website.

Our advertising partners may use cookies and clear GIFs on the Website, which allow it to recognize a User’s cookie when a User visits the Website. Information collected and shared through this technology is not personally identifiable.

For more information about our third-party advertisers, or to learn more about the choices available to you regarding this anonymous information, please contact info@allgive.org.

Third-Party Links

The Website contains links to other third-party sites that are not owned or controlled by AllGive. Please be aware that we are not responsible for the privacy policies of such other sites. We encourage you to be aware when you leave the Website and to read the privacy policies of such third-party sites. This Policy applies only to information collected by our Website.

Security

The security of your personal information is important to us. We are committed to working with trusted partners who employ physical, electronic, and administrative safety measures to protect your personal information. These safeguards help us to prevent fraud and unauthorized access as well as maintain data accuracy to better serve you. We use a third-party payment service provider, in lieu of directly processing your payment information. The payment service provider adheres to strict industry standards for payment processing. More information on our third-party payment service provider’s security protocols can be found here: https://stripe.com/docs/security.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and when we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, you can email us at info@allgive.org.

Update Your Information/Terminate User Account

If your information changes, or if you no longer desire our Service, you may correct, update, delete, change or deactivate your User Account by making the change from your User Account or by emailing us at info@allgive.org.

Modification of Policies

AllGive reserves the right, in our sole discretion, to modify this Policy at any time. In the event of any such modification, the modified policy will be posted on our Website. Please check back often to review any new modifications that have been made.

If you have questions or suggestions regarding our privacy standards please email info@allgive.org.

Terms of Use

Last Modified: May 13, 2019

Terms of Use

Welcome to AllGive! AllGive is an online platform for subscription giving to charitable organizations, operated by AllGive, LLC (“AllGive,” “we” “us” or “our”). The following terms and conditions, together with our Privacy Policy and any documents referred to herein (collectively, these “Terms of Use”) govern your (“you” or “your”) use of AllGive.com (the “Website”), including all services and subscriptions to third-party charitable organizations made available by AllGive (collectively, the “Service”) to you, whether as a guest or registered user (“User”).

Acceptance of Terms of Use

Please read these Terms of Use carefully before you using the Service. By accessing our Website and using our Service, you expressly agree to these Terms of Use and our Privacy Policy.

By use of our Service, you represent and warrant that you are of legal age to form a binding contract and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not use our Service.

Changes and Modifications

AllGive reserves the right, in its sole discretion, to modify or amend these Terms of Use at any time without prior notification. All changes are effective immediately when we post them, or send them to you, and apply to the access and use of our Service thereafter. By your continued use of the Service, you accept and agree to any changes to our Terms of Use. We recommend you review our Website from time to time and read all communication we send you so you are aware of any changes, as they are binding to you.

Scope of Service

AllGive makes giving easy by providing our Users an online community to make flexible, subscription donations to charitable organizations (“Charities” or “Charity”). Users register for the Service and subscribe to Charities subject to these Terms of Use. Subscriptions are flexible and can be made to one or more Charities in daily, weekly, monthly or quarterly payment cycles in the amount you choose. Users may manage, change or cancel Subscriptions or enroll in new Subscriptions from their User Account.

We reserve the right to alter, suspend, or discontinue the Website or the Service in our sole discretion at any time and for any reason, in whole or in part, without notice. The Website may also become periodically unavailable due to maintenance or malfunction of computer equipment or for other reasons. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period.

Minors

AllGive is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may use the Service only with and under the supervision of a parent or legal guardian. In this case, the adult is the User and is responsible for any and all activities on the Website.

User Account Registration and Membership

To start a Subscription, you must register as a User by creating an account (User Account). It is a condition of your use of the Service that all the information you provide to us is your own, correct, current and complete. From our homepage you will be prompted to “sign up” or “sign in” to your User Account.

To create a user account, you will be asked to provide your name, phone number, and email address. All information that you provide to AllGive is subject to AllGive’s Privacy Policy (see above). You are responsible for keeping your registration information current on your User Account.

To complete your registration, you will be prompted to create a login profile with a username and password (“Login Profile”). You are responsible for keeping and maintaining the confidentiality of your Login Profile, and you must not disclose this information to any third-party. You agree to immediately notify AllGive of any suspicious or unauthorized use of your Login Profile or confidential User Account information, or any other breach of your security. We advise you to use particular caution when accessing your User Account from a public or shared computer or public or unsecured internet connection so that others are not able to view or record your Login Profile, User Account information or other personal information.

As a User of AllGive, you agree to receive email communications from us. We may from time to time send you our monthly newsletter. You may opt-out from receiving emails or our newsletter by emailing info@allgive.org, updating your User Account preferences, or unsubscribing, as provided in the applicable email correspondence. However, we advise against this, as our emails will provide important information about these Terms of Use, Privacy Policy, and other information about your security and the Charities you subscribe to.

Donations

To begin giving to a Charity, you will select a Charity from our marketplace and subscribe. If you are signed into your User Account, you will select the “Start Giving” option. When you subscribe to a Charity, you will select the frequency and amount of you give. The frequency may be daily, weekly, monthly, quarterly, or such other intervals as you may choose or as are available (the “Subscription Cycle”). You select the amount you would like to give each Subscription Cycle and this amount will be automatically debited from your payment method on each Subscription Cycle (each, a “Scheduled Payment”). When you sign up for a Subscription, you will be prompted to provide your billing information in the form of your preferred payment method (credit, debit, bank account number and bank routing information). Payment information is passed through to our third-party payment service provider and is not retained by AllGive. AllGive does not limit the number of Subscriptions you have. You may add Subscriptions to Charities at any time by following the aforementioned steps, and you may choose different Subscription Cycles and Scheduled Payments for each Charity.

BY SUBSCRIBING TO A CHARITY, YOU AGREE TO PAY THE SCHEDULED PAYMENTS FOR THE SPECIFIED SUBSCRIPTION CYCLE AND FOR OUR THIRD-PARTY PAYMENT SERVICE PROVIDER TO AUTOMATICALLY CHARGE YOUR BANK OR CREDIT CARD ACCORDINGLY FOR SCHEDULED PAYMENTS.

Transactions Fees

AllGive’s transaction and processing fees will be deducted from each Scheduled Payment. These transaction and processing fees help to cover AllGive’s costs of operation including, but not limited to: (i) processing payments through our third-party payment service provider; (ii) developing, maintaining and hosting the Website; (iii) providing outreach to Charities and Users; (iv) providing customer service support; (v) providing a secure system and (vi) all the other business expenses, such as legal, insurance and other professional fees.

Eighty Percent (80%) of your Scheduled Payment will always be donated to the Charity. Twenty Percent (20%) will be used to cover transaction and processing fees. We will never deduct more than Twenty Percent 20% from your Scheduled Payment.

When you give to a Charity through AllGive you agree that: (i) your Scheduled Payment will be processed by our third-party payment service provider and (ii) AllGive will remit the Scheduled Payment directly to the designated Charity less the transaction and processing fees.

Subscription Payments

All information that you provide to register with AllGive is subject to AllGive’s Privacy Policy. You will be automatically charged the Scheduled Payment in accordance with the Subscription Cycle you selected for your Subscription. We encourage you to keep your payment method information current and updated to ensure continuity of your Subscriptions and to avoid incurring any additional fees.

Our third-party payment service provider will bill you for your Scheduled Payments. By submitting your preferred payment information, you grant AllGive the right to transmit your information to the third-party payment service provider, which may change from time to time. You agree that AllGive will not be responsible for any failures of the third party to adequately protect such information. The processing of Scheduled Payments will be subject to the terms, conditions and privacy policies of Stripe in addition to these Terms of Use. The current version of Stripe’s terms of use is available at https://stripe.com/legal. You acknowledge that we may change the third -party payment service provider and move your information to other payment service providers during the term of your Subscription.

Membership and Cancellation

We have worked to create a convenient platform for our community of Users that provides ease and flexibility to make charitable donations. However, you may cancel or modify any Subscription at any time, or terminate your User Account, subject to these Terms of Use. To cancel a Subscription, you must login to your User Account through the Website and choose to cancel your Subscription with a Charity. You must update your User Account on the Website by the first (1st) day of the month of your currently Scheduled Payment to cancel a Subscription that will become owed in that month. IF YOU DO NOT CANCEL PRIOR TO THE FIRST DAY OF A CALENDAR MONTH IN WHICH YOUR SCHEDULED PAYMENT IS CURRENTLY OWED, YOU WILL BE CHARGED FOR THAT MONTH’S SCHEDULED PAYMENT. All cancellation requests received after the first day of a calendar month will apply to the following month’s Scheduled Payment.

Termination

We may terminate your User Account without notice for conduct we believe violates these Terms of Use or if your User Account becomes inactive. In addition, we may terminate any User Account or your access to the Service, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate Users who violate these Terms of Use, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Service.

Access to Website Content and Service

AllGive grants Users a personal, non-transferable, non-exclusive right to access the Content of the Service and Website subject to these Terms of Use. The term “Content” means all information, text, data, links, software, or other material accessible through the Website or the Service or Subscriptions, whether created by us or provided by another person or entity for display on the Website or through our Service.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to the Content, description or specifications of Service, or other information without notice of such changes.

You may view, copy, download, and print Content that is available on the Website or through the Service, subject to the following conditions: The Content may be used solely for internal informational purposes. No part of the Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. The Content may not be modified. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Website should be construed as granting any license or right to use the Website or any Content displayed on the Website, through the use of framing or otherwise, except: As expressly permitted by these Terms of Use; or With our prior written permission or the permission of such third -party that may own the trademark or copyright of material displayed on the Website.

Content Submitted by Users Accuracy. You may visit the Website (but not set up Subscriptions) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to register for a User Account or make Subscriptions, you agree that the information you provide is your own, accurate, complete, and current as requested.

Liability

We are not responsible or liable for the conduct of Users or for any views, opinions and statements expressed in Content submitted for public display through the Website, such as through an online discussion forum or chat room. AllGive does not pledge its support for or endorse any Charity and merely provides an online marketplace for Charities wishing to use our platform to reach our community of Users. We do not prescreen information posted to online discussion forums or chat rooms, if any. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of AllGive. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Website.

Prohibited Content

By accessing our Website and using our Service you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or Service to: Transmit any Content that is unlawful, harmful, threatening, harassing, defamatory, offensive, obscene, pornographic or otherwise objectionable, as determined by AllGive. Use language that AllGive, in its sole discretion, deems offensive. Post hateful or racially or ethnically objectionable Content. Post Content which infringes another’s copyright, trademark or trade secret. Post unsolicited advertising or unlawfully promote products or services. Post Content that constitutes lobbying by you or an organization you represent. Harass, threaten or intentionally embarrass or cause distress to another person. Impersonate another person. Promote, solicit or participate in any multi-level marketing or pyramid schemes. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum. Introduce viruses, worms, Trojan horses and/or harmful or malicious code to the Website. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website and Service, or any server, computer or database connected to the Website. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent. Solicit personal information from any person. Violate any laws or regulations. Encourage or engage in any conduct that would constitute a criminal or civil offense.

Submitted Content

AllGive does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant AllGive a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant AllGive the license specified above. You further represent, warrant and covenant that any materials you provide will not contain unlawful, abusive or obscene material. AllGive will be entitled to use any Content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Intellectual Property Rights

Unless otherwise noted, the Website and Service is the property of AllGive and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

We do not claim ownership of Content submitted by Users without compensation by AllGive and Users submit any Content with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, you grant to us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

Copyright Infringement

AllGive will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

If you believe that any materials on the Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. A notification of claimed copyright infringement should be emailed to AllGive’s Copyright Agent at info@allgive.org

Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy to terminate the User Accounts of repeat infringers.

Disclaimer of Warranties

YOU ASSUME RESPONSIBILITY FOR MAKING ANY INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE DONATION WITH ANY CHARITIES OR THIRD PARTIES FEATURED ON THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE CHARITIES ARE AUTHENTIC AND OPERATE AS THEY REPRESENT. WHILE WE USE GOOD FAITH EFFORTS TO CONFIRM THAT EACH CHARITY IS WORTHY OF DONATIONS BEFORE PROVIDING THAT CHARITY WITH ACCESS TO OUR SUBSCRIBERS ON OUR WEBSITE, WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF THE CHARITIES OF THE INFORMATION THEY PROVIDE ON OUR WEBSITE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED AS THE RESULT OF ANY SUCH DONATIONS OR DEALINGS WITH CHARITIES OR THIRD PARTIES OR BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY DONATION SHALL BE BY RECOVERY THROUGH THE CHARITY.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ALLGIVE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE WEBSITE IS FREE OF ERRORS; (ii) THE SERVICE IS NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICE (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Assumption of Risk

YOU AGREE THAT BY SIGNING UP FOR A SUBSCRIPTION THROUGH THE WEBSITE, ALLGIVE IS MERELY ACTING AS AN AGENT TO TRANSFER YOUR DONATION TO THE DESIGNATED CHARITY. YOUR DONATIONS TO THE ORGANIZATIONS LISTED ON THE WEBSITE (INCLUDING CHARITIES, ADVERTISERS, CAUSES, AND OTHERS) ARE SOLELY BETWEEN YOU AND SUCH INDIVIDUALS OR ENTITIES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. YOU AGREE THAT ALLGIVE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS OF THE WEBSITE, OR BETWEEN A USER AND ANY THIRD -PARTY, YOU UNDERSTAND AND AGREE THAT ALLGIVE IS UNDER NO OBLIGATION TO BECOME INVOLVED IN SUCH DISPUTE AND IS NOT SUBJECT TO ANY LIABILITY.

Limited Liability

IN NO EVENT SHALL ALLGIVE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ALLGIVE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT OR SERVICE WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ALLGIVE IN THE THEN-PRIOR CALENDAR YEAR.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

By using the Website and our Service you agree to indemnify, hold harmless and defend AllGive from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third -party that arises in connection with use of the Website or Service by you or any other person accessing the Website using your Login Profile.

Your Information and Your Use of the Service All information we collect on our Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to AllGive

You may link to our homepage, provided that 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 where none exists.

Links to Third-Party Websites

The Website may contain links to third -party websites that are provided to you as a convenience. Any outside website accessed from our Website is independent from AllGive, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with such third -party websites.

No Implied Endorsements

In no event shall any reference to any third party or third -party service be construed as an approval or endorsement by AllGive of that third party or of any product or service provided by a third party. Likewise, a link to any third -party website does not imply that we endorse or accept any responsibility for the content or use of such website. AllGive does not endorse, warrant or guarantee any product or service offered by any third -party through an online discussion forum or chat room accessible through the Website and will not be a party to or in any way monitor any transaction involving any third -party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the Hamilton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We make no representation that information on the Website or Service we provide, are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Arbitration

At AllGive’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use, Privacy Policy, the Service or Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Severability

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, such part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and AllGive.

No waiver of these Terms of Use by AllGive shall be deemed a further or continuing waiver of such terms or condition or any other term or condition, and any failure of AllGive to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use and Privacy Policy constitute the entire agreement between you and AllGive relating to the subject matter herein, and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Questions and Comments

Thank you for visiting our Website and using the Service. If you have any feedback, comments, requests for technical support or questions about these Terms of Use, please contact info@allgive.org.