Give Transform Terms of Use
Effective Feb 20, 2023
Give Transform is an Online Giving Resource of the 501(c)3 Perception Funding. Perception Funding, INC DBA Give Transform will be referred to as Give Transform in the terms and conditions to follow.
These Terms of Use govern your use of Give Transform's ("Give Transform," "Service," "Site," "we," "us" or "our") websites and services including but not limited to https://givetransform.org and https://app.givetransform.org.
By using the Service, you agree to be bound by these Terms of Use, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Give Transform may amend the Terms at any time by posting a revised version of the Terms on our website. Your access to or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the modified Terms.
Agreement to Binding Arbitration. By accessing the Site, you irrevocably agree that all disputes between you and Give Transform that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Give Transform. All claims must be brought within one year.
Effective Feb 20, 2023
Give Transform is an Online Giving Resource of the 501(c)3 Perception Funding. Perception Funding, INC DBA Give Transform will be referred to as Give Transform in the terms and conditions to follow.
These Terms of Use govern your use of Give Transform's ("Give Transform," "Service," "Site," "we," "us" or "our") websites and services including but not limited to https://givetransform.org and https://app.givetransform.org.
By using the Service, you agree to be bound by these Terms of Use, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Give Transform may amend the Terms at any time by posting a revised version of the Terms on our website. Your access to or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the modified Terms.
Agreement to Binding Arbitration. By accessing the Site, you irrevocably agree that all disputes between you and Give Transform that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Give Transform. All claims must be brought within one year.
Definitions
In these Terms, we refer to those raising funds as "Project Owners" and to their fundraising projects as "Projects." We refer to those contributing funds as "Donors" and to the funds they contribute as "Donations." Project Owners, Donors and other visitors to the Service are referred to collectively as "Users."
In these Terms, we refer to those raising funds as "Project Owners" and to their fundraising projects as "Projects." We refer to those contributing funds as "Donors" and to the funds they contribute as "Donations." Project Owners, Donors and other visitors to the Service are referred to collectively as "Users."
The Site
The Site provides (a) an online platform for appropriately qualified charities, individuals and other entities (“Project Owners”) to raise funds through the sale of goods or services or to solicit donations to support their organization and/or mission and (b) related services (collectively, the “Services”). The Services including such transactions are governed by these Terms.
In the course of your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Our use of any information you provide via the Site shall be governed by our Privacy Policy available at www.givetransform.org/privacy-policy.html (our “Privacy Policy”). We urge you to read our Privacy Policy.
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify Give Transform immediately if you discover that your User account has been used without your authorization or there has been any other breach of your User account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
Account Terms (Project Owners & Donors)
You agree to the following terms relating to your account:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for ensuring that your registration information is true, accurate and complete.
- You acknowledge that Give Transform will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Give Transform cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Give Transform will result in an immediate termination of your Services.
Access to the Site; Eligibility; License
Give Transform provides Users with access to and use of the Site and Services subject to their compliance with these Terms and our Privacy Policy. Your use of the Site constitutes your express agreement to these Terms and our Privacy Policy; if you do not agree, you may not access or use the Site.
Eligibility. Users of the Site must be 18 years of age (or the age of majority in your jurisdiction) or older to use the Site. The Site is not directed at children under the age of 13 and does not knowingly collect information from minor children. By accessing the Site and using the Services, you represent that you are over the age of majority in your jurisdiction.
Our License To You
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages (“Materials”), is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained there.
License from Users.
Each User of the Site grants us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content that they post on the Site throughout the world in any media.
The Role of Give Transform
The Services are provided as a platform only. The Site is offered only to provide technology to allow Project Owners and Users to connect. Give Transform’s role is expressly limited to making the Site available and maintaining the Site and Services for Project Owners and Users. We are a platform and not an agent, consultant, professional fundraiser, broker, financial institution or fiduciary for any Project Owner, Supporter, Donor or User for any purpose. We are not responsible for the sale of items offered by Project Owners and do not control the information provided by Project Owners. We are not responsible for any content posted by any Project Owner, Supporter, Donor or other User, including the accuracy of any description or the timeliness or reliability of any information or content provided by Project Owner, Donor, Supporter or other Users.
Give Transform is not a payment processor, money services business or other financial institution. Payments made to a Project Owner are processed using a third-party payment processor (“Payment Processor”) described in the Payment Processing section below. All Users acknowledge and agree that the use of Payment Processors are essential to the Services and that we exchange information with Payment Processors to facilitate the Services provided.
Give Transform does not engage in any solicitation activities on behalf of any individual, entity, organization, or charity.
Give Transform does not intend to and does not post information to provide financial, legal, tax or other professional advice. Before making any payment to any Project Owner through the Services, you should consult your own financial, legal, tax or other professional advisor as you deem appropriate. Users acknowledge that all information and content they access is at their own risk.
Give Transform has no control over the conduct of or any information provided by any Project Owner, Donor, Supporter or other User and expressly disclaims all liability to the fullest extent permitted by law, as more specifically described below. We are not responsible for and do not endorse any Project Owner, Donor, Supporter or other User and do not guarantee or warrant, expressly or impliedly, that any information provided through the Services is accurate or how the funds raised by any Project Owner will be used.
Give Transform may, but is not obligated to provide intermediary services to assist Project Owners and Donors in resolving disputes between them with the agreement of all parties. In the event Give Transform elects, in its sole discretion, to provide such services, then our decision is final and binding on all parties and cannot be appealed, challenged or reversed.
Donors
As a Donor, you are solely responsible for asking questions and investigating Project Owners to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. Give Transform doesn't guarantee that Donations will be used as promised, that Project Owners will deliver Give Backs, or that the Project will achieve its goals. Give Transform does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Give Back or Donation, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Donation and receipt of any Give Back for tax purposes. In the event you are issued a refund on your Donation because of our inability to disburse funds to a Project Owner, you will no longer be entitled to delivery of any Give Back associated with your Donation.
Donor Responsibility
All payments made through the Services are at the Donor's own risk. It is the Donor’s responsibility to investigate the Project Owner and to understand how your payment will be used. Give Transform is not responsible for any offers, promises, or promotions made by any Project Owner. We are not responsible for the accuracy of the information that Project Owners supply and do not guarantee that payments Donor make will be used in accordance with promises made by Project Owners or applicable law.
If a Donor believes that a Project Owner is not raising or using funds for their stated purpose, please contact us using the information below.
Give Transform does not make any representation about the tax deductibility or treatment of payments made by Donor. We do not make any representation about the tax status or charitable status of any Project Owner. Project Owners, and not Give Transform, are solely responsible for providing Donor with receipts acknowledging receipt of funds from the Donor.
Information provided by Donors through the Services is shared with the Project Owner to whom a payment is made and may be used by such Project Owner in accordance with its own privacy policies. Give Transform is not responsible for any Project Owner’s use of a Donor’s information.
Donors are responsible to determine what, if any, taxes or tax exemptions apply to payments made to Project Owners. If a Donor purchases items from a Project Owner, the Donor is responsible for payment of all applicable sales and use taxes. Give Transform makes no claims on the tax-deductibility of an item listed by a Project Owner.
Give Backs
Give Transform is an online crowdfunding venue for people and entities seeking to raise funds for their own projects and to donate to the Project of others. Project Owners can offer gifts in the form of tangible items or intangible services (collectively, "Give Backs") to Donors. Give Backs are not offered for sale. Give Transform makes no representations about the quality, safety, morality or legality of any Project, Give Back or Donation or the truth or accuracy of content posted on the Service. Give Transform does not represent that Project Owners will deliver Give Backs or that donations will be used as described in the Project. Users use the Service at their own risk.
Donor Refunds
Project Owners agrees that Give Transform may, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations where Give Transform determines in its sole discretion that the transaction should be refunded.
Except as otherwise set forth herein, to be eligible for a refund, Donors must submit a request within thirty (30) days of providing any Payment, to [email protected] with the Subject “Refund Request” and include the Donor’s Give Transform username and transaction information. Give Transform will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur. After such ten (10) day period, if the matter is not resolved to the entire satisfaction of the Donor, Donor shall address Project Owners directly and Give Transform shall have no liability in respect of the Donation except and to the extent required under the Operating Regulations.
As a Donor, you are solely responsible for asking questions and investigating Project Owners to the extent you feel is necessary before you make a Donation. All Donations are made voluntarily and at your sole discretion and risk. Give Transform doesn't guarantee that Donations will be used as promised, that Project Owners will deliver Give Backs, or that the Project will achieve its goals. Give Transform does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Give Back or Donation, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Donation and receipt of any Give Back for tax purposes. In the event you are issued a refund on your Donation because of our inability to disburse funds to a Project Owner, you will no longer be entitled to delivery of any Give Back associated with your Donation.
Donor Responsibility
All payments made through the Services are at the Donor's own risk. It is the Donor’s responsibility to investigate the Project Owner and to understand how your payment will be used. Give Transform is not responsible for any offers, promises, or promotions made by any Project Owner. We are not responsible for the accuracy of the information that Project Owners supply and do not guarantee that payments Donor make will be used in accordance with promises made by Project Owners or applicable law.
If a Donor believes that a Project Owner is not raising or using funds for their stated purpose, please contact us using the information below.
Give Transform does not make any representation about the tax deductibility or treatment of payments made by Donor. We do not make any representation about the tax status or charitable status of any Project Owner. Project Owners, and not Give Transform, are solely responsible for providing Donor with receipts acknowledging receipt of funds from the Donor.
Information provided by Donors through the Services is shared with the Project Owner to whom a payment is made and may be used by such Project Owner in accordance with its own privacy policies. Give Transform is not responsible for any Project Owner’s use of a Donor’s information.
Donors are responsible to determine what, if any, taxes or tax exemptions apply to payments made to Project Owners. If a Donor purchases items from a Project Owner, the Donor is responsible for payment of all applicable sales and use taxes. Give Transform makes no claims on the tax-deductibility of an item listed by a Project Owner.
Give Backs
Give Transform is an online crowdfunding venue for people and entities seeking to raise funds for their own projects and to donate to the Project of others. Project Owners can offer gifts in the form of tangible items or intangible services (collectively, "Give Backs") to Donors. Give Backs are not offered for sale. Give Transform makes no representations about the quality, safety, morality or legality of any Project, Give Back or Donation or the truth or accuracy of content posted on the Service. Give Transform does not represent that Project Owners will deliver Give Backs or that donations will be used as described in the Project. Users use the Service at their own risk.
Donor Refunds
Project Owners agrees that Give Transform may, in its sole and absolute discretion, offer a refund to a Donor for a Payment in the event that the donor provided it to an incorrect organization, the organization is fraudulent, or in other situations where Give Transform determines in its sole discretion that the transaction should be refunded.
Except as otherwise set forth herein, to be eligible for a refund, Donors must submit a request within thirty (30) days of providing any Payment, to [email protected] with the Subject “Refund Request” and include the Donor’s Give Transform username and transaction information. Give Transform will make commercially reasonable efforts to respond within ten (10) days of any such request but does not guarantee that the refund will occur. After such ten (10) day period, if the matter is not resolved to the entire satisfaction of the Donor, Donor shall address Project Owners directly and Give Transform shall have no liability in respect of the Donation except and to the extent required under the Operating Regulations.
Project Owners
As a Project Owner, you are permitted to offer Give Backs to Donors. You shall meet all commitments you make in your Project including, but not limited to, delivering all Give Backs you offered with your Project. You will respond promptly and truthfully to all questions posed to you by Give Transform. If you are unable to fulfill any of your commitments (including delivering any Give Backs), you will work with the Donor to reach a mutually satisfactory resolution, which may include refunding their Donation. You will comply with all applicable laws and regulations in your use of Donations and delivery of Give Backs. You are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with your Give Backs. Give Transform may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Project Owner Responsibility
Project Owners represent and warrant that:
Project Owners are responsible to determine what, if any, taxes apply to payments received by Project Owner; it is Project Owner’s sole responsibility to assess, collect, report and remit the correct tax, if any, to the appropriate taxing authority.
Registration and Accounts
Project Owners are required to create an account in order to use the Site. Project Owners are required to provide certain validation information and to select a user name and password for access to their account. Account access credentials should be kept safe; any instructions we receive using account credentials will be considered to be authorized by the Project Owner. Project Owners may log into their account to view and edit their profile and transaction information. Accounts are subject to these Terms and may be canceled or suspended by us in our sole discretion if we believe these Terms have been violated.
Donors and other Users are not required to create an account in order to use the Site. Information that is provided by Donors and other Users to Project Owners is collected by the Project Owner as well as by us. We use this information in accordance with our Privacy Policy.
Disbursements / Payments to Project Owners
Payments received by Project Owner, through its agent Give Transform, shall be settled to Project Owners, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as Give Transform may elect to use.
Payment Processor (Identified in Payment Processing section below) provides all financial services for payments made to Project Owners through the Site. Payment Processor accepts credit and debit cards issued by U.S. banks and ACH payments. If a credit card account is being used for a transaction, Payment Processor may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make payments to Project Owners through the Site while we verify your new payment information.
Payment Processor will use information received in connection with payments to Project Owners made through the Site in accordance with its privacy policy available at https://www.forte.net/legal/privacy-policy/.
You represent and warrant that if you are making payments to Project Owners through the Site (i) any credit card, debit card, or bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.
In connection with payments to Project Owners made through the Site, you shall:
Use of Funds Policy:
We desire to serve our Project Owners exceptionally through our services in order to help them share the gospel and grow the kingdom of God. We understand at times ministries and projects under our 501c3 will fail, be under-funded or the individuals leading ministries or projects will have an unexpected life change. For these reasons, we have a “Use of Funds Policy” in order to best steward funds that would be otherwise sitting unused for years.
All funds that go through Perception Funding are temporarily restricted. This means that the donations can be used for a particular purpose for a specified period, or it must support a specific project or ministry. When the designated time period or the project/ministry are over, unused funds become unrestricted.
Here’s how temporarily restricted funds work specifically:
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Donors, but we do charge fees to Project Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here https://www.givetransform.org/faq. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Projects launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Donations are usually made via credit card or PayPal or other Payment Processors. We are not responsible for the performance of Payment Processing services.
Taxes
Your taxing authorities may classify funds you raise on Give Transform as taxable income to you and any beneficiary who will receive funds directly from your Project. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Project so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Project so that you understand and prepare for the tax obligations you may incur from the funds you raise.
Prohibited Projects
Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If you know that your Project is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Project, offering Give Backs and using Donations.
Prohibited Give Backs
Project Owners are not permitted to offer or provide any of the following as a Give Back:
As a Project Owner, you are permitted to offer Give Backs to Donors. You shall meet all commitments you make in your Project including, but not limited to, delivering all Give Backs you offered with your Project. You will respond promptly and truthfully to all questions posed to you by Give Transform. If you are unable to fulfill any of your commitments (including delivering any Give Backs), you will work with the Donor to reach a mutually satisfactory resolution, which may include refunding their Donation. You will comply with all applicable laws and regulations in your use of Donations and delivery of Give Backs. You are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with your Give Backs. Give Transform may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Project Owner Responsibility
Project Owners represent and warrant that:
- All information provided in connection with their use of the Services is accurate, complete and not likely to deceive reasonable Donors or other Users;
- All information posted with respect to items listed on events, campaigns, or auctions offered for sale by the Project Owner on the Site is accurate; the Project Owner owns or is authorized to sell the item; the item is genuine and available or subject to limited availability (in which case the Project Owner will disclose such limited availability on the Site); and the Project Owner, and not Give Transform, is solely responsible for the delivery or transfer of such items to Donors; Project Owners are responsible for any lost disputes a Donor files due to any issue related to items listed by the Project Owner;
- They will promptly correct any errors or omissions in posted information;
- All payments received through the use of the Services will be used only as described in the content posted on the Site or otherwise provided to each Donor;
- Donor information received will be used in accordance with the Project Owner’s publicly posted privacy policy;
- They will not infringe upon the rights of others;
- They will abide by the Community Guidelines set forth below;
- They will comply with all applicable laws and financial reporting obligations and will provide us and any Donor with all information to establish such compliance;
- Give Transform may use any information provided by the Project Owner and share it with any Donor, any regulator, law enforcement or others in connection with any investigation of the Project Owner;
- If the Project Owner provides information claiming any tax-exempt status, the cause or activity of the Project Owner is legal under all applicable laws and regulations and the Project Owner’s organization is a tax-exempt organization in good standing with the IRS.
Project Owners are responsible to determine what, if any, taxes apply to payments received by Project Owner; it is Project Owner’s sole responsibility to assess, collect, report and remit the correct tax, if any, to the appropriate taxing authority.
Registration and Accounts
Project Owners are required to create an account in order to use the Site. Project Owners are required to provide certain validation information and to select a user name and password for access to their account. Account access credentials should be kept safe; any instructions we receive using account credentials will be considered to be authorized by the Project Owner. Project Owners may log into their account to view and edit their profile and transaction information. Accounts are subject to these Terms and may be canceled or suspended by us in our sole discretion if we believe these Terms have been violated.
Donors and other Users are not required to create an account in order to use the Site. Information that is provided by Donors and other Users to Project Owners is collected by the Project Owner as well as by us. We use this information in accordance with our Privacy Policy.
Disbursements / Payments to Project Owners
Payments received by Project Owner, through its agent Give Transform, shall be settled to Project Owners, less applicable Fees by automated clearing house (“ACH”) transaction, pursuant to the rules and regulations of NACHA or by such other means as Give Transform may elect to use.
Payment Processor (Identified in Payment Processing section below) provides all financial services for payments made to Project Owners through the Site. Payment Processor accepts credit and debit cards issued by U.S. banks and ACH payments. If a credit card account is being used for a transaction, Payment Processor may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make payments to Project Owners through the Site while we verify your new payment information.
Payment Processor will use information received in connection with payments to Project Owners made through the Site in accordance with its privacy policy available at https://www.forte.net/legal/privacy-policy/.
You represent and warrant that if you are making payments to Project Owners through the Site (i) any credit card, debit card, or bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant card and card information.
In connection with payments to Project Owners made through the Site, you shall:
- Review and clearly accept the agreement to be entered into with Payment Processor (the “Payment Processor Agreement”), including without limitation all updated versions of the Payment Processor Agreement, which agreement makes clear that Payment Processor shall make such payments in accordance with such agreement;
- Not use the Services in violation of the Payment Processor Agreement or for any activity expressly prohibited by Payment Processor;
- Comply with the Payment Processor Agreement and all guidelines and requirements established by Payment Processor or its affiliates or banks;
- Shall not take or fail to take any action that may cause Payment Processor or its affiliates or banks to violate any applicable law;
- Shall not access, use or disclose any information except to the extent necessary for you to access and use the services provided by Payment Processor;
- Only make electronic payments and funds transfers to and from a prepaid account maintained with Payment Processor and represented by a virtual bank account number (if applicable) for business purposes;
- Provide all information necessary to enable Payment Processor to determine your eligibility to receive services and make services available to you and ensure that such information will at all times be complete and accurate; and
- Authorize us to receive on your behalf any notices or forms provided by Payment Processor.
Use of Funds Policy:
We desire to serve our Project Owners exceptionally through our services in order to help them share the gospel and grow the kingdom of God. We understand at times ministries and projects under our 501c3 will fail, be under-funded or the individuals leading ministries or projects will have an unexpected life change. For these reasons, we have a “Use of Funds Policy” in order to best steward funds that would be otherwise sitting unused for years.
All funds that go through Perception Funding are temporarily restricted. This means that the donations can be used for a particular purpose for a specified period, or it must support a specific project or ministry. When the designated time period or the project/ministry are over, unused funds become unrestricted.
Here’s how temporarily restricted funds work specifically:
- If a ministry or project ever ceases to exist the remainder of the funds will go to further the mission of Perception Funding. Ceasing to exist occurs when all staff, leaders or missionaries of a project or ministry leave ministry altogether or leave to work in a un-related field of ministry. Funds will be transferred from the ministry or project account the month that the staff, leaders or missionaries of a project or ministry leave the ministry or project.
- If a ministry or project account is inactive for 12 months the balance will go to further the mission of Perception Funding. Inactive is defined by there being no project or ministry related expenses and no set goals or plan with Perception Funding.
Fees and Payments
Setting up an account on the Service is free. We do not charge fees to Donors, but we do charge fees to Project Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here https://www.givetransform.org/faq. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Projects launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Donations are usually made via credit card or PayPal or other Payment Processors. We are not responsible for the performance of Payment Processing services.
Taxes
Your taxing authorities may classify funds you raise on Give Transform as taxable income to you and any beneficiary who will receive funds directly from your Project. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Project so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Project so that you understand and prepare for the tax obligations you may incur from the funds you raise.
Prohibited Projects
Project Owners are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If you know that your Project is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Project, offering Give Backs and using Donations.
Prohibited Give Backs
Project Owners are not permitted to offer or provide any of the following as a Give Back:
- any form of capital, equity or other similar ownership interest in a company or venture;
- any form of financial incentive;
- alcohol or any other controlled substance;
- drug paraphernalia;
- weapons, ammunition, and related accessories;
- any form of lottery or gambling;
- items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.
Disputes between Project Owners and Donors
Project Owners are legally bound to fulfill any Give Backs. Give Transform is under no obligation to become involved in disputes between Project Owners and Donors, or users and any third party. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Give Back, we may provide the Project Owner's contact information to the Donor so that the two parties may resolve their dispute.
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including payments made for products and services offered through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Give Transform agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or your use of the Site, including payments made for products and services offered through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, you and Give Transform shall cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the U.S. Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Give Transform are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Give Transform.
If you desire to assert a claim against Give Transform and therefore elect to seek arbitration, you must first send to Give Transform, by certified mail, a written notice of the claim (“Notice”). The Notice to Give Transform should be addressed to: Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention or Subject Line: Dispute Resolution / Arbitration. (“Notice Address”). If Give Transform desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Give Transform, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Give Transform and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Give Transform may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Give Transform or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Give Transform receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Give Transform and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA Rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Give Transform’s last written settlement offer made before an arbitrator was selected (or if Give Transform did not make a settlement offer before an arbitrator was selected), then Give Transform will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.
YOU AND GIVE TRANSFORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Give Transform agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the State of Missouri.
Project Owners are legally bound to fulfill any Give Backs. Give Transform is under no obligation to become involved in disputes between Project Owners and Donors, or users and any third party. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Give Back, we may provide the Project Owner's contact information to the Donor so that the two parties may resolve their dispute.
Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including payments made for products and services offered through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Give Transform agree that any dispute, claim or controversy arising out of or relating in any way to these Terms or your use of the Site, including payments made for products and services offered through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, you and Give Transform shall cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the U.S. Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Give Transform are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Give Transform.
If you desire to assert a claim against Give Transform and therefore elect to seek arbitration, you must first send to Give Transform, by certified mail, a written notice of the claim (“Notice”). The Notice to Give Transform should be addressed to: Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention or Subject Line: Dispute Resolution / Arbitration. (“Notice Address”). If Give Transform desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Give Transform, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Give Transform and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Give Transform may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Give Transform or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Give Transform receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Give Transform and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA Rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Give Transform’s last written settlement offer made before an arbitrator was selected (or if Give Transform did not make a settlement offer before an arbitrator was selected), then Give Transform will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.
YOU AND GIVE TRANSFORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Give Transform agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the State of Missouri.
Payment Processing
Give Transform utilizes CSG Forte Payments, Inc. for payment processing. Project Owner agrees to any terms and conditions related to CSG Forte Payments, Inc. to that are published or linked on the Site.
In the event that a judgement, lien, execution, levy, or order of any court or other competent authority is issued in favor of any creditor against Project Owner to enforce security over, or a distress, execution or other similar process is levied or served against, the whole or substantial part of, the Payments, including the appointment of a receiver, administrative receiver, manager or similar officer to enforce that security, Give Transform may, in its sole and absolute discretion: (a) terminate or suspend services to Project Owner; and/or (b) set aside, setoff, hold, transfer, forward, or otherwise make available such Payments to creditors pursuant to the judgement, lien, execution, levy, order, or applicable law.
PayPal
If you are a Project Owner that accepts PayPal or a Donor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
Bill Pay Processor
Give Transform may also facilitate Payments, whether on a non-recurrent or recurring basis, via Bill Pay Processors. You acknowledge and agree: (1) to our facilitation of Bill Pay Processors for processing Payments; (2) that the facilitation and use of Bill Pay Processors is integral to our services; and (3) to the processing, use, and transfer of your Personal Information (as defined in the Privacy Policy) and other data to Bill Pay Processors for processing Payments.
PCI-DSS Compliance
Give Transform shall comply, and require applicable service providers and other third parties to comply, with and shall have a program to assure continued compliance with the Payment Card Industry Data Security Standards (PCI-DSS) published by the PCI Security Standards Council, as the PCI-DSS may be amended, supplemented, or replaced from time to time, and as applicable to the transactions processed via the Site. If Give Transform becomes aware that Give Transform or its service provider is not, or will not likely be, in compliance with PCI-DSS for any reason, Give Transform will promptly report the same in writing.
Give Transform utilizes CSG Forte Payments, Inc. for payment processing. Project Owner agrees to any terms and conditions related to CSG Forte Payments, Inc. to that are published or linked on the Site.
In the event that a judgement, lien, execution, levy, or order of any court or other competent authority is issued in favor of any creditor against Project Owner to enforce security over, or a distress, execution or other similar process is levied or served against, the whole or substantial part of, the Payments, including the appointment of a receiver, administrative receiver, manager or similar officer to enforce that security, Give Transform may, in its sole and absolute discretion: (a) terminate or suspend services to Project Owner; and/or (b) set aside, setoff, hold, transfer, forward, or otherwise make available such Payments to creditors pursuant to the judgement, lien, execution, levy, order, or applicable law.
PayPal
If you are a Project Owner that accepts PayPal or a Donor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.
Bill Pay Processor
Give Transform may also facilitate Payments, whether on a non-recurrent or recurring basis, via Bill Pay Processors. You acknowledge and agree: (1) to our facilitation of Bill Pay Processors for processing Payments; (2) that the facilitation and use of Bill Pay Processors is integral to our services; and (3) to the processing, use, and transfer of your Personal Information (as defined in the Privacy Policy) and other data to Bill Pay Processors for processing Payments.
PCI-DSS Compliance
Give Transform shall comply, and require applicable service providers and other third parties to comply, with and shall have a program to assure continued compliance with the Payment Card Industry Data Security Standards (PCI-DSS) published by the PCI Security Standards Council, as the PCI-DSS may be amended, supplemented, or replaced from time to time, and as applicable to the transactions processed via the Site. If Give Transform becomes aware that Give Transform or its service provider is not, or will not likely be, in compliance with PCI-DSS for any reason, Give Transform will promptly report the same in writing.
Security and Restrictions
The Site may be used only for lawful purposes by individuals using authorized Services of Give Transform. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of their posting on or through the Site. Give Transform specifically prohibits any use of the Site, and requires all Users to agree not to use the Site, for any of the following:
Passwords
In the event access to the Site or a portion thereof is limited requiring a user name and password (“Protected Areas”), you agree to access Protected Areas using only your own user name and password. You agree to protect the confidentiality of your user name and password, and not to share or disclose your user name or password to any third party. You agree that you are fully responsible for all activity occurring under your user name. Your access to the Site may be revoked by Give Transform at any time with or without cause.
The Site may be used only for lawful purposes by individuals using authorized Services of Give Transform. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of their posting on or through the Site. Give Transform specifically prohibits any use of the Site, and requires all Users to agree not to use the Site, for any of the following:
- Providing to us, posting, or publicly sharing any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- Advocating or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or that fails to comply with accepted Internet protocol;
- Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Using the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the U.S. Office of Foreign Assets Control (“OFAC”);
- Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or nations in violation of U.S. export control laws; or
- Attempting to interfere in any way with the Site’s or our networks or network security or attempting to use the Site’s service to gain unauthorized access to any other computer system.
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Using any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Passwords
In the event access to the Site or a portion thereof is limited requiring a user name and password (“Protected Areas”), you agree to access Protected Areas using only your own user name and password. You agree to protect the confidentiality of your user name and password, and not to share or disclose your user name or password to any third party. You agree that you are fully responsible for all activity occurring under your user name. Your access to the Site may be revoked by Give Transform at any time with or without cause.
Community Guidelines
You are solely responsible for compliance with all applicable law in relation to your use of the Services. You are further solely responsible for all User-Generated Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
The following are examples of User-Generated Content and/or use that is illegal or prohibited by Give Transform. This list is not exhaustive, and we reserve the right to remove any campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms. As we investigate your campaign, User, or User-Generated Content, we may consider all available material, including, but not limited to, social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User-Generated Content, suspend or terminate your account, stop payments to any such campaign, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree not to use the Services to raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:
You are solely responsible for compliance with all applicable law in relation to your use of the Services. You are further solely responsible for all User-Generated Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”). If you are not the beneficiary of the campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
The following are examples of User-Generated Content and/or use that is illegal or prohibited by Give Transform. This list is not exhaustive, and we reserve the right to remove any campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms. As we investigate your campaign, User, or User-Generated Content, we may consider all available material, including, but not limited to, social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User-Generated Content, suspend or terminate your account, stop payments to any such campaign, freeze or place a hold on donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.
Without limiting the foregoing, you agree not to use the Services to raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:
- Breaking the law: the violation of any law or regulation;
- Fraud: information that is fraudulent, misleading, inaccurate, dishonest, or impossible, particularly if done knowingly with the intent to deceive;
- Illegal drugs: narcotics, steroids, controlled substances, abuse of pharmaceuticals or similar products or therapies that are either illegal or prohibited;
- Violence: knives, explosives, ammunition, firearms, or other weaponry or accessories, as well as the promotion of violent ideas such as genocide, execution, and other violent acts;
- Financial schemes: annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- Gambling: casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- Hate, discrimination, and harassment: content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or mental, physical, or other medical conditions;
- Legal defense for serious crimes: campaigns that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, mental, physical, or other medical conditions, or financial crimes or crimes of deception;
- International sanctions: activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- Exploitation: funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- Pornography: pornographic content or other sexual content relating to minors or persons appearing to possibly be minors;
- Graphic: offensive, graphic, perverse or sensitive content;
- Pre-sales: the sale of items before the seller has control or possession of the item;
- Payment manipulation: collecting payments on behalf of merchants by payment processors or otherwise; including, but not limited to, self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Give Transform;
- Credit: credit repair or debt settlement services;
- Misuse of funds: the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the campaign or collecting or providing funds for any purpose other than as described in a campaign description;
- Slander and personal attacks: publication or removal of User-Generated Content (such as mug shots), where the primary purpose of posting such User-Generated Content is to cause or raise concerns of reputational harm, as well as personal attacks, slurs, caustic or combative content submitted with the aim of harming other people in some way;
- No-value-added services: sale or resale of a service without added benefit to the buyer or resale of government offerings without authorization or added value;
- Money laundering: aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- Piracy: counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- Intellectual property violations: products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- Unauthorized sale or resale: of brand name or designer products or services;
- Trade violations: sale of goods or services that are illegally imported or exported;
- Credit card fraud: processing where there is no bona fide donation accepted; cash advance; card testing; or evasion of card network chargeback monitoring programs;
- Financial crimes: any other activity that Give Transform may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes, including, but not limited to, corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- Generally unacceptable activity: any other activity that Give Transform may deem in its sole discretion to be unacceptable.
Accuracy and Integrity of Information; Errors
Although Give Transform attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness, accuracy, or accessibility of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties.
All information and content regarding Project Owners are provided solely by the Project Owner, who is expressly responsible for the accuracy of the content it provides and posts to the Site. Give Transform shall have no responsibility or liability for information or content posted to the Site from any non-Give Transform affiliated third party. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information provided by a Project Owner, the Project Owner shall have the right to refuse or cancel any orders placed for such product / service listed at the incorrect price.
In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice.
Copyright Complaints
We respect the intellectual property rights of others and prohibit Users from uploading and posting materials that infringe another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please email us the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a 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 (vi) 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. You can reach us as follows: [email protected]
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of Users that we determine are repeat infringers.
Please note that, under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any User Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Give Transform's Support Department at [email protected]. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution. In accordance with the DMCA and other applicable laws, Give Transform has adopted a policy of terminating, in appropriate circumstances and at Give Transform's sole discretion, repeat infringers.
Although Give Transform attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness, accuracy, or accessibility of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties.
All information and content regarding Project Owners are provided solely by the Project Owner, who is expressly responsible for the accuracy of the content it provides and posts to the Site. Give Transform shall have no responsibility or liability for information or content posted to the Site from any non-Give Transform affiliated third party. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information provided by a Project Owner, the Project Owner shall have the right to refuse or cancel any orders placed for such product / service listed at the incorrect price.
In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice.
Copyright Complaints
We respect the intellectual property rights of others and prohibit Users from uploading and posting materials that infringe another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please email us the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a 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 (vi) 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. You can reach us as follows: [email protected]
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of Users that we determine are repeat infringers.
Please note that, under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
DMCA Notice and Complaint of Intellectual Property Infringement other than Copyright
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") or that any User Content infringes your intellectual property rights and is accessible via the Service or in connection with our promotion of the Service, please notify Give Transform's Support Department at [email protected]. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For your complaint to be valid, you must provide the following information in writing ("Notice of Infringement"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complainant").
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Give Transform to locate the material.
- Information reasonably sufficient to permit Give Transform to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information ("Counter-Notice") within 5 business days from your receipt of the Notice of Infringement:
- a physical or electronic signature of the owner or authorized user of material;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person.
If you fail to provide required information or follow this process, your Notice of Infringement or Counter-Notice is incomplete so no action will be taken. You and the Complainant are encouraged to work to an amicable resolution. In accordance with the DMCA and other applicable laws, Give Transform has adopted a policy of terminating, in appropriate circumstances and at Give Transform's sole discretion, repeat infringers.
What Happens To Your User Content
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). You grant Give Transform and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. As between you and Give Transform, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Give Transform. Access to or use of third-party sites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
English Language
In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our products and services. However, to avoid future misunderstandings when new products, services and features developed internally by Give Transform employees might be similar or even identical to a submission received by Give Transform, the following Give Transform policy applies to all third party submissions to Give Transform of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Give Transform shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). You grant Give Transform and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Service and our related marketing and promotional activities. As between you and Give Transform, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Give Transform. Access to or use of third-party sites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
English Language
In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our products and services. However, to avoid future misunderstandings when new products, services and features developed internally by Give Transform employees might be similar or even identical to a submission received by Give Transform, the following Give Transform policy applies to all third party submissions to Give Transform of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Give Transform shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
Text Message Program Terms of Service
- By texting a keyword to short code to 219-266-5999, you consent to receive one or more auto-dialed or prerecorded texts at the phone number from which you texted.
- We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- Message and Data Rates May Apply.
Indemnity
Each User agrees to defend, indemnify and hold harmless Give Transform, its directors, officers, employees, agents and affiliates, subsidiaries and affiliated companies harmless from any and all claims, liabilities, damages, costs or debt and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with (a) your use of or access to the Site or the Services, including any act or omission related to services provided by Payment Processor, (b) your violation of these Terms, the Payment Processor Agreement, or applicable law; (c) the posting or transmission of any materials, content or User-Generated Content on the Site or through the Services by you or allowed by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right; (d) access to the Site by anyone using your user name and password; or (e) your providing inaccurate or incomplete information to us or Payment Processor. Give Transform may assume the exclusive defense and control of any matter for which you have agreed to indemnify Give Transform and you agree to assist and cooperate with Give Transform in the defense or settlement of any such matters.
Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GIVE TRANSFORM DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. GIVE TRANSFORM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
GIVE TRANSFORM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. GIVE TRANSFORM IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF GIVE TRANSFORM.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
GIVE TRANSFORM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF GIVE TRANSFORM OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF GIVE TRANSFORM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Give Transform without restriction or consent.
Termination
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
You agree that: (i) the Service shall be deemed solely based in Missouri (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Give Transform, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles.
International Use
We control and operate the Site from our offices in the U.S., and all information is processed within the U.S. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. or the country in which you reside.
Disclaimer
Project Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Project Owners to connect with Donors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Export Compliance
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
No Legal Advice
Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
Subpoenas
All subpoenas must be properly served on Give Transform, preferably by mailing the subpoena to Jonathan Klee, our registered agent. If you have a subpoena to serve on Give Transform, please note that Give Transform does not accept service via e-mail or fax and will not respond to the subpoena. Please use the following address for Give Transform:
Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention: Jonathan Klee, Perception Funding, INC DBA Give Transform - Subpoena
Each User agrees to defend, indemnify and hold harmless Give Transform, its directors, officers, employees, agents and affiliates, subsidiaries and affiliated companies harmless from any and all claims, liabilities, damages, costs or debt and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with (a) your use of or access to the Site or the Services, including any act or omission related to services provided by Payment Processor, (b) your violation of these Terms, the Payment Processor Agreement, or applicable law; (c) the posting or transmission of any materials, content or User-Generated Content on the Site or through the Services by you or allowed by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right; (d) access to the Site by anyone using your user name and password; or (e) your providing inaccurate or incomplete information to us or Payment Processor. Give Transform may assume the exclusive defense and control of any matter for which you have agreed to indemnify Give Transform and you agree to assist and cooperate with Give Transform in the defense or settlement of any such matters.
Disclaimer of Warranties
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GIVE TRANSFORM DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. GIVE TRANSFORM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
GIVE TRANSFORM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. GIVE TRANSFORM IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF GIVE TRANSFORM.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
GIVE TRANSFORM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF GIVE TRANSFORM OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF GIVE TRANSFORM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Give Transform without restriction or consent.
Termination
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
You agree that: (i) the Service shall be deemed solely based in Missouri (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Give Transform, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles.
International Use
We control and operate the Site from our offices in the U.S., and all information is processed within the U.S. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the U.S. or the country in which you reside.
Disclaimer
Project Owners should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Project Owners to connect with Donors. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with applicable law. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Export Compliance
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
No Legal Advice
Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
Subpoenas
All subpoenas must be properly served on Give Transform, preferably by mailing the subpoena to Jonathan Klee, our registered agent. If you have a subpoena to serve on Give Transform, please note that Give Transform does not accept service via e-mail or fax and will not respond to the subpoena. Please use the following address for Give Transform:
Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention: Jonathan Klee, Perception Funding, INC DBA Give Transform - Subpoena
Ownership of the Site
All pages within the Site and any Material made available for download are the property of Give Transform, or its licensors or suppliers, as applicable. The Site is protected by U.S. and international copyright and trademark laws. The contents of the Site, including without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”), may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Give Transform. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Give Transform without our express written consent.
Our Right to Refuse, Terminate or Suspend Use
Give Transform expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site or the Services by any person or entity, at the sole discretion of Give Transform, for any reason or no reason at all, and without prior notice. In the event of termination, any rights or obligations regarding pending or completed purchases, or your indemnity obligations related to use of the Site or the Services, shall survive such termination.
We reserve the right, but accept no obligation, to monitor any activity and content on the Site. We may investigate any reported violations of law, rule or regulation applicable to Project Owners, Donors or other Users, or transactions on the Site or using the Services, and take action that we deem appropriate, including, but not limited to, issuing warnings, suspending or terminating service, or denying access to or removing any content from the Site. We may also investigate the use of a credit card by a User and take such action as we deem appropriate, including, but not limited to, canceling any transaction by such User.
Notification Procedures
You agree Give Transform may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
Changes to Terms
Give Transform may alter these Terms at any time, so please review them frequently. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms shall constitute your agreement to the revised Terms.
All pages within the Site and any Material made available for download are the property of Give Transform, or its licensors or suppliers, as applicable. The Site is protected by U.S. and international copyright and trademark laws. The contents of the Site, including without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”), may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Give Transform. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Give Transform without our express written consent.
Our Right to Refuse, Terminate or Suspend Use
Give Transform expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site or the Services by any person or entity, at the sole discretion of Give Transform, for any reason or no reason at all, and without prior notice. In the event of termination, any rights or obligations regarding pending or completed purchases, or your indemnity obligations related to use of the Site or the Services, shall survive such termination.
We reserve the right, but accept no obligation, to monitor any activity and content on the Site. We may investigate any reported violations of law, rule or regulation applicable to Project Owners, Donors or other Users, or transactions on the Site or using the Services, and take action that we deem appropriate, including, but not limited to, issuing warnings, suspending or terminating service, or denying access to or removing any content from the Site. We may also investigate the use of a credit card by a User and take such action as we deem appropriate, including, but not limited to, canceling any transaction by such User.
Notification Procedures
You agree Give Transform may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
Changes to Terms
Give Transform may alter these Terms at any time, so please review them frequently. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms shall constitute your agreement to the revised Terms.
Contact Us
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at [email protected] or at Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention or Subject Line: Terms of Use/Support Department.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at [email protected] or at Perception Funding, INC DBA Give Transform PO BOX 480213 Kansas City, MO 64146 Attention or Subject Line: Terms of Use/Support Department.
