Last Updated: March 25, 2011
FUNDGIVING.COM IS A VENUE. The Site is a communication platform for enabling the connection between fundraising organizations (“GoodCauses”) and donors (“FundGivers”), selling items and services with buyers (“FundBuyers”). FundGiving.com does not take part in the interaction between FundGivers and FundBuyers except to collect payments on the behalf of Causes and FundGivers for venue services through the Site. Users do hereby represent, understand and expressly agree that FundGiving.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services and items actually delivered by the FundGivers, nor of the integrity, responsibility or any of the actions whatsoever of the FundBuyers. FundGiving.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services and items provided by FundGivers or FundBuyers through out the Site whether in public, private or offline interactions. FundGiving.com does not assume any responsibility for the accuracy or reliability of any information provided by FundGivers or FundBuyers on this Site. FundGiving.com does not assume and expressly disclaims any liability that may result from the use of this information. FundGiving.com is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All users including Causes, FundGivers and FundBuyers do hereby expressly agree not to hold FundGiving.com (or FundGiving.com’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, corporate partners, or employees liable for any instruction, advice, items or services delivered which originated through the Site and FundGiving.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims and/or controversies that have arisen or may arise, whether known or unknown therefrom.
RELEASE. The money raised by FundGivers donating/selling personal items and services to FundBuyers will go directly to their chosen Organization or Cause. Therefore, FundBuyers will contact FundGivers and Causes through the use of the Site and FundGivers may submit proposals to FundBuyers regarding their donated items and services. In the event that a FundGiver and FundBuyer agree on the provision of services and items, such agreement is solely between the FundGiver and the FundBuyer; FundGiving.com is not a party to any such agreement. Any issues concerning the items or services received by the FundBuyer or payment due to the FundGiver must be resolved directly by the FundGiver and the FundBuyer. FundGiving.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using the Site, you do hereby represent, understand, and expressly agree to hold FundGiving.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. FundGiving.com will use its reasonable efforts to monitor FundGivers and FundBuyers profiles, actions, comments and general usage of the Site and suspend privileges to any FundGiver or FundBuyer not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review the FundGiving.com’s Community Practices prior to using the Service. By using the Site, you do hereby agree to report any alleged improprieties of any users therein to FundGiving.com immediately by notifying FundGiving.com of the same via electronic correspondence.
EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. FundGiving.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews, profiles, donated items and services (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to FundGiving.com or to any other user of the Site.
You understand and agree that FundGiving.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of FundGiving.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
Help FundGiving, LLC make ratings as fair and honest as possible. Please report unfair or dishonest ratings to us by sending us a brief summary of the situation. FundGiving, LLC has the right in its sole discretion to delete any rating posted at any time for any reason whatsoever.
In order to protect the integrity of the Site and the Service, FundGiving.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. FundGiving.com reserves the right, in its sole discretion, to terminate your access to all or part of the FundGiving.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in FundGiving.com, for any reason or no reason, with or without notice. Following any termination of any member’s use of the Site, FundGiving.com reserves the right to send a notice thereof to other members which whom you have corresponded.
PAYMENT AND REFUND POLICY. Only registered users can donate, buy and sell on FundGiving.com. Registration is free for Everyone! You may not donate or purchase items or services using any method other than listing an item or service through FundGiving.com.
FundGivers – sell items and services on FundGiving.com and all proceeds are donated directly to their designated cause.
It is the responsibility of the FundGiver to set the price of the item and service he/she is donating to the cause. Shipping costs must be included in the total cost of the donated items.
FundGivers have the right to decline providing a service or selling an item to FundBuyers they do not know, by sending a dispute email to Info@ fundgiving.com.
When listing an item, a FundGiver must indicate the delivery method of the item.
When listing a service, a FundGiver must designate an expiration date on the purchased service.
After a donated item or service has been purchased, a FundGiver must contact the FundBuyer within 5 days to arrange for delivery of item or service.
It is the responsibility of the FundGiver to coordinate shipping and handling of items and services with the FundBuyer via FundGiving.com’s message center.
FundGivers are obligated to fulfill all purchased requests on their items and services donated.
FundGiving.com has the right to suspend a FundGiver’s account if they neglect to fulfill their promise to the FundBuyer at anytime.
An electronic tax deduction letter will be generated and emailed to a fundgiver within 30 days after donating items and services.
FundBuyers – purchase donated items and services on Fundgiving.com to support the FundGivers designated cause. They can also make a donation directly to their favorite organization at anytime by clicking on the “Donate Now” button.
Fundgiving.com accepts major credit and debit cards at the time of purchase of an item, service or direct donation.
Fundgiving.com is not responsible or is liable if the FundBuyer is not satisfied with the purchase.
A FundBuyer has the right to dispute a charge to Fundgiving.com if the fundgiver fails to deliver the donated item or service.
Fundbuyers can rate FundGivers on the quality of donated items and services.
An electronic tax deduction letter will be generated and emailed to a FndBuyer within 30 days after purchasing item and service.
DISCLAIMER OF WARRANTIES. You agree that use of the Site and the Service is entirely at your own risk. The Site and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, FundGiving.com disclaims and warranties for the security, reliability, timeliness, accuracy, and performance of the Site and the Service. To the fullest extent permitted by law, FundGiving.com disclaims any warranties for other services or goods received through or advertised on the Site of the Sites or Service, or accessed through any links on the Site. To the fullest extent permitted by law, FundGiving.com disclaims any warranties for viruses or other harmful components in connection with the Site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY. Under no circumstances shall FundGiving.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (Even if FundGiving has been advised of the possibility of such damages), resulting from any aspect of your use of the Site or the Service, whether the damages arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site or the Service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through advertised in connection with the Site or the service or any links on the Site. These limitations shall apply to the fullest extent permitted by law. In such jurisdictions, some of the foregoing limitation may not apply to you.
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting FundGiving.com’s copyright agent (identified below) and providing the following information:
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.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner of are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
FundGiving’s agent for copyright issues relating to this Site is as follows:
116 Harding Place, Ste. C-3
Nashville, TN 37205
In an effort to protect the rights of copyright owners, FundGiving.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
U.S. EXPORT CONTROLS. Software from this Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specialty Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of Tennessee, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Tennessee, Davidson County, for the resolution of any such dispute.
MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employees of the other. Neither party shall have, nor hold itself out any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by FundGiving.com, or need to notify FundGiving.com as to any matters relating to the Site or Service, please contact FundGiving.com at:
116 Harding Place, Ste. C-3
Nashville, TN 37205