Terms & Conditions
The TPO family of companies is dedicated to supporting charitable causes. The TPO Charitable Foundation ("Foundation"), an independently run charitable organization, intends to receive and distribute in the form of grants donations you make on this Website to the Charities you have recommended. The Foundation is applying for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
By creating an account, using this Website to make donations, posting comments, following causes, or just generally browsing, you are making the following representations to us:
- You have read, understand and agree to bound by these Terms;
- You are at least 18 years old, (or if between 13 and 18, you are using this Website under the supervision of your Parents or Legal Guardian);
- You have the authority to enter into these Terms, which are a contract between us, either for yourself or for a company if you have used a company name to create an account;
- If you have registered with us, you have not previously been restricted from accessing this Website; and
- You are not using someone else’s name or account without their permission.
The term "You" means the person who is using this Website.
YOU AGREE TO RESOLVE ANY DISPUTES WITH US USING INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS LAWSUITS. WE ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
If you have previously registered on the People’s Operator’s wireless site, we may use the name, email address and password from that site to automatically register you to this site.
We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for changes prior to use of the Website, and in any event your continued use of the Website following the posting of changes to these Terms constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
1. HOW OUR SERVICES WORK
The TPO Charitable Foundation.
You can recommend Charities that you would like to support on this Website. We have entered into agreements with certain Charities so that we can include their logos and certain other information on this Website. You can recommend any of these Charities. It is our intent to include Charities that are recognized by the United States Internal Revenue Service ("IRS") as tax exempt organizations described in Section 501(c)(3) of the Internal Revenue Code and other charitable causes.
Once you have recommended a Charity, you may make a donation to the TPO Charitable Foundation with the recommendation that a grant be made in the amount of your donation to the Charity you have identified. We reserve the right to set the minimum and maximum amounts you can donate.
Your donation will initially be made to the Foundation. The Foundation will then make a grant to the Charity you have recommended, less credit card processing fees and other required costs. Currently our fees are 2.9% plus 30 cents for each donation. Apart from these costs, we do not keep anything for ourselves. The Foundation sends donations to the Charities within 90 days of the end of each calendar quarter.
The Foundation will file the annual Form 990 with the IRS and will have its financial statements audited annually by an independent certified public accountant. IRS Form 990 will be available through the IRS and both it and the audited financial statement will also be made available upon request. Please see our Community Help FAQs for contact information.
The Foundation makes every reasonable effort to respect your selection of Charities to support, although all directives are legally considered to be "recommendations" of the donor and the Foundation’s board of directors is required to approve all grants issued by Charity. In order to prevent fraudulent or ineligible Charities from receiving donations, Foundation has exclusive legal control over contributions and ultimately has discretion over whether the distribution will be made to Charity in accordance with the donor’s directive. Foundation intends to follow a donor’s directive unless Charity is rejected by Foundation, in which case Foundation will remove Charity from its website and may use the contributions to further its own charitable purposes or distribute the funds directly to another charitable organization that meets the aforementioned criteria, provided that we will attempt to notify you and work with you to identify that alternative, recommended Charity prior to making such alternate grant of funds.
We merely provide a platform for making charitable donations. We are not in the business of soliciting donations for any Charities. The Website contains pages featuring Charities to receive grants from the Foundation, but the existence of these pages on the Website, or the ability to locate Charities through the Website’s search functions, does not constitute a solicitation of donations. All contributions made via the Website platform are charitable contributions to the Foundation.
Our Website may contain links to Charity websites or other third party websites. When you go to those sites your use will be governed by the terms and conditions and policies of the owners of those websites, over which we have no control.
We may also link to other affiliated websites, including the website of The People’s Operator USA, LLC, which offers wireless services. Those websites are also governed by their own terms and conditions and policies and you agree that you will read and be bound by those terms and conditions and policies when you use those sites.
Donations made through the Website are complete and final charitable gifts to the Foundation and are not refundable. All donations are at your own risk. Please make sure that when you recommend a Charity to receive a donation, you understand how your money will be used by that Charity. When recommending Charities, select those that you feel comfortable receiving a donation or that you know and trust. We do not warrant that the Charity will use funds for any particular purpose and is not responsible for any misuse of the funds by the Charity. Additionally, by donating money through this Website, you represent and warrant that any donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. You agree and acknowledge that: (i) all donations to the Foundation and grants distributed to Charities you recommend are made as unrestricted gifts and may not be specified for any particular purpose; (ii) designated donation and registration amounts and processing fees will be charged to the credit or debit card or other payment method accepted by us; (iii) all donations are final and non-refundable; and (iv) event registration fees are subject to the any applicable refund policy.
While contributions made to Foundation should generally be tax-deductible as charitable contributions, the Foundation makes no representation as to whether all or any portion of your donations, including our processing fees, are tax deductible. We will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by you, any user of this Website or any Charity. You should consult your tax advisor as to the amount of your donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
The Foundation is applying for tax exempt status with the IRS. Once tax exempt status has been recognized, donations will be tax deductible, even if made before the Foundation is recognized by the IRS as an organization described in Section 501(c)(3) of the Internal Revenue Code. However, the Foundation cannot guarantee that the IRS will grant it tax exempt status. As noted above, you should consult your tax advisor as to the amount of your donation that is tax deductible.
2. COPYRIGHTS AND LICENSING MATTERS
This Website, and the Software we use in providing these services, and the information and content available on the Website (collectively the "Giving Platform") are protected by copyright laws. Subject to the Terms, we grant you a limited license to reproduce portions of the Giving Platform for the solely for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use the Giving Platform is subject to the Terms.
Use of any software and associated documentation that is made available via the Website or otherwise used to enable you to make donations through this Website ("Software") is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the software downloads or at the Website page where the Software can be accessed.
You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will we provide you with any tangible copy of our software.
We shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium.
Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. If no license agreement accompanies use of the Software, use of the Software will be governed by the Terms.
Subject to your compliance with the Terms, we grant you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Website in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
You understand that the Giving Platform is evolving. You acknowledge and agree that we may update the Giving Platform with or without notifying you. You may need to update third-party software from time to time in order to use the Giving Platform.
3. IMPORTANT RESTRICTIONS ON YOUR USE
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Giving Platform or any portion of the Giving Platform, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Giving Platform mark, including images, text, page layout or form; (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Giving Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Giving Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Giving Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Giving Platform. Any future release, update or other addition to the Giving Platform shall be subject to the Terms. We, our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Giving Platform terminates the licenses granted by us pursuant to the Terms.
As a part of the Giving Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
When you use our services on a mobile device, we may also collect location information from the GPS functionality on your device. You hereby authorize us and our services to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize us to access such components of your mobile device
4. SETTING UP YOUR ACCOUNT AND REGISTERING TO DONATE
Registering Your Account.
In order to access certain features of the Giving Platform you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a User who has registered an account on the Website ("Account"),or has a valid account on the social networking service ("SNS") through which the User has connected to the Services (each such account, a "Third-Party Account").
Access Through an SNS.
If you access our services through a SNS as part of the functionality of the Website and the services or otherwise connect your Third-Party Account to our services, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, you understand that we may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Giving Platform ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Giving Platform via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 5.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Giving Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Giving Platform. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
When you register on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by Website’s registration process (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Giving Platform by minors.
You may not share your Account or password with anyone, and you agree to (1) notify us immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Giving Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per Website at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
You agree not to create an Account or use the Giving Platform if you have been previously removed by us, or if you have been previously banned from any of the Giving Platform.
5. RESPONSIBILITY FOR YOUR CONTENT
Types of Content.
You are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through the Giving Platform ("Your Content"). Similarly other Users of the Giving Platform, and not us, are responsible for all Content they Make Available through the Giving Platform ("User Content").
No Obligation to Pre-Screen Content.
We have no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
We have no obligation to store any of Your Content and we have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Giving Platform.
We retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the services and as otherwise determined by us in our sole discretion.
6. SETTING UP YOUR ACCOUNT AND REGISTERING TO DONATE
Except with respect to Your Content and User Content, you agree that we and our service providers and suppliers own all rights, title and interest in the Giving Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, our services, or the Giving Platform.
Our logo and other related graphics, logos, service marks and trade names used on or in connection with the Giving Platform or in connection with our services may not be used without our permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Giving Platform are the property of their respective owners.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Giving Platform.
We do not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Giving Platform, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content.
Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of the Giving Platform. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Foundation, are responsible for all of Your Content that you Make Available on or in the Giving Platform.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the Giving Platform, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Foundation.
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that we have no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Foundation a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Giving Platform.
7. USER CONDUCT.
You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Giving Platform (including your Account), or access to or use of the Giving Platform;
Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Use the Giving Platform or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
Market any goods or services for any business purposes.
Unauthorized Use or Access.
You agree that you will not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the Giving Platform or connect to or use the Giving Platform in any way not expressly permitted by the Terms;
Systematically retrieve data or other content from our Giving Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
Use, display, mirror or frame the Giving Platform, or any individual element within the Giving Platform, Foundation’s name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Giving Platform or that is in transit from or to the Giving Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Giving Platform;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Giving Platform, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the Giving Platform, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Giving Platform;
Bypass any robot exclusion headers or other measures we take to restrict access to the Giving Platform, or use any software, technology or device to send content or messages, scrape, spider or crawl the Giving Platform, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorized connection to the Giving Platform, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Giving Platform; or (ii) any connection using programs, tools or software not expressly approved by us;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Giving Platform, or to obtain any information from the Giving Platform;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Giving Platform;
Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Solicit or attempt to solicit personal information from other Users of the Giving Platform;
Use the Giving Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Giving Platform to send altered, deceptive or false source-identifying information; or
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
In connection with your use of the Giving Platform, you shall not:
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, Foundation personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Register for more than one Account or register for an Account on behalf of an individual other than yourself;
Stalk or otherwise harass any other User of our Giving Platform; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
We may, but are not obligated to, monitor or review the Giving Platform and Content at any time. Without limiting the foregoing, we shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the Giving Platform or Content, if we become aware of any possible violations by you of any provision of the Terms, We reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Giving Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but has no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users.
The Giving Platform may contain User Content provided by other Users. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
We do check the backgrounds of Charities, via independent third party services using federal tax identification numbers. However, we cannot guarantee that all Charities are and will be who they say they are. NEITHERWE NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CHARITY FOR WHICH YOU MAY RECOMMEND DONATIONS UTILZING THE GIVING PLATFORM..
10. THIRD-PARTY SERVICES.
Third-Party Websites & Ads.
The Giving Platform may contain links to third-party websites ("Third-Party Websites"), such as Charities, and advertisements for third parties (collectively, "Third-Party Websites & Ads"). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Giving Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under our control. We are not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to pay all Donations made through your Account at the time such donation is due and payable. You must provide us with valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider"). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing us with your credit card number and associated payment information, you agree that Foundation is authorized to immediately invoice your Account for all fees and charges due and payable to Foundation hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or PayPal account used for payment hereunder.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010.
You agree to indemnify and hold the Foundation, its parents, subsidiaries and affiliates, and their officers, employees, agents, partners and licensors (collectively, the "Indemnified Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Giving Platform; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Giving Platform.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE GIVING PLATFORM IS AT YOUR SOLE RISK, AND THE GIVING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE INDEMNIFIED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE GIVING PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE GIVING PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GIVING PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE GIVING PLATFORM WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE GIVING PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE GIVING PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE GIVING PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
From time to time, WE may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at OUR sole discretion. The provisions of this section apply with full force to such features or tools.
No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS.
No Liability for Conduct of Other Users.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GIVING PLATFORM. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE GIVING PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE GIVING PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE GIVING PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GIVING PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
14. LIMITATION OF LIABILITY
Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GIVING PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE GIVING PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE GIVING PLATFORM; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE GIVING PLATFORM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GIVING PLATFORM; OR (5) ANY OTHER MATTER RELATED TO THE GIVING PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability.
UNDER NO CIRCUMSTANCES WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT OF YOUR CONTRIBUTION OR FIFTY DOLLARS ($50).
THE INDEMNIFIED PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE FOUNDATION AND YOU.
Exclusion of Damages.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Giving Platform in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Giving Platform of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010, Attn: Marisa Biehl.
16. TERM AND TERMINATION
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Giving Platform, unless terminated earlier in accordance with the Terms.
Notwithstanding the foregoing, if you used the Giving Platform prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Giving Platform (whichever is earlier) and will remain in full force and effect while you use the Giving Platform, unless earlier terminated in accordance with the Terms.
Termination of Services by Us.
We reserve the right to modify, suspend or terminate any services provided to you through the Giving Platform at any time for any reason. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You.
If you want to terminate use of the Giving Platform, you may do so by (a) notifying us at any time and (b) closing your Account.. Your notice should be sent, in writing, to the Foundation at 915 Broadway, Suite 1306, New York, New York 10010.
Effect of Termination.
Termination includes the immediate, automatic deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. You understand that any termination may involve deletion of Your Content associated therewith from our live databases. We will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination , including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Giving Platform, including Your Content, in our possession in connection with your use of the Giving Platform, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect our rights, property or personal safety of our users or the public, and all enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate.
In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Giving Platform, we reserve the right to:
Warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms;
Delete any of Your Content provided by you or your agent(s) to the Giving Platform;
Discontinue your registration(s) with the Giving Platform;
Discontinue your subscription to any services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which we deem to be appropriate.
No Subsequent Registration.
If your registration(s) with or ability to access the Giving Platform, or any other affiliated community is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Giving Platform or any affiliated community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Giving Platform to which your access has been terminated. In the event that you violate the immediately preceding sentence, we reserve the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
18. INTERNATIONAL USERS
The Giving Platform can be accessed from countries around the world and may contain references to Content that are not available in your country. These references do not imply that we intend to announce such Content in your country. We make no representations that the Giving Platform is appropriate or available for use in other locations or jurisdictions outside of the United States. Those who access or use the Giving Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19. GENERAL PROVISIONS
The communications between you and us use electronic means, whether you visit the Giving Platform or send us e-mails, or whether we post notices on the Giving Platform or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release us and our successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Giving Platform, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Giving Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you believe that we have not adhered to the Terms, please contact us. Please refer to our Community Help FAQs for contact information. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
YOU AND FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE GIVING PLATFORM OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and to us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010 After the Notice is received, you and us may attempt to resolve the claim or dispute informally. If you and us do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the time set forth in Section 19.6. and within any shorter deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FOUNDATION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either you or us may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the state of New York, for such purpose.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Choice of Language.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: TPO Charitable Foundation, 915 Broadway, Suite 1306, New York, New York 10010. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
You may not use, export, import, or transfer the Giving Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Giving Platform, and any other applicable laws. In particular, but without limitation, the Giving Platform may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Giving Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Giving Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Updated July, 2015
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
There are a variety of ways in which we collect information about site visitors. The TPO Charitable Foundation (the "Foundation"), which is an independent, nonprofit entity is the initial recipient of all recommended donations made through this charitable giving website. The Foundation has applied for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
When you create an online account to recommend donations to charities through this website, we may collect and store personally identifiable information such as first and last name, address, email address, and credit card information. We will encrypt your password, but you are responsible for maintaining the confidentiality of your account login information. Unauthorized access resulting from a user’s neglect to protect their information is the sole responsibility of the user.
We use non-identifying and aggregate information to better design our website and improve navigation of the website and content.
We will use your personal information for a variety of purposes, including but not limited to: (i) providing you with access to the site; (ii) process your recommended donations; (iii) protecting our rights and property and those of our third party providers and other site visitors; (iv) responding to legal processes and orders; and (v) customizing or personalizing your experience with our site. We never use or share the personally identifiable information provided to us on this site in ways unrelated to providing information regarding the service at your request.
When you use the site, the personal information you provide may be shared with the third parties that you authorize to receive such information.
We use the anonymous information we collect to analyze trends, administer and improve our services, gather demographic information about our user base as a whole, and better tailor our services to our users’ needs. We reserve the right to disclose anonymous information publicly without restriction.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
We do not intentionally gather personal information from users who are under the age of 13. If we become aware that any child under 13 submits personal information to TPO, we will attempt to delete the information from our files.
We will not release any information about our visitors unless required by law to do so.
These privacy policies and any action related thereto will be governed and interpreted by and under the laws of the state of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these policies.
These privacy policies may be updated from time to time for any reason. You should consult these privacy policies regularly for any changes.
See our Community Help FAQs for our contact information.