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Website Terms of Use

Last Modified: July 8, 2022

BY OBTAINING SERVICES FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS, CONDITIONS, AND LIMITATIONS:

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY USING THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU MAKE A DONATION ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU MAY NOT OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH POWERED BY CHARITY, PBC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Powered By Charity, PBC dba fundforall and its affiliates, subsidiaries, and other entities under common control, including its affiliated 501(c)(3) foundation (collectively, "Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of fundforall.org, including any content, functionality and services offered on or through fundforall.org (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website and/or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (https://fundforall.org/privacy), which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy (fundforall.org/privacy), do not access or use the Website.

This Website is offered and available to users who are 18 years of age or older who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, do not access, or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and will apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration Section and Governing Law and Jurisdiction Section will not apply to any disputes for which you or the Company have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes to the Terms of Use. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (fundforall.org/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of the Company’s or the Website’s security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download a copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for any such applications.

If we provide social media features (i.e., Facebook, Twitter, Instagram, and Pinterest) with certain content, you may take such actions as are enabled by such features on the applicable social media platform.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video, or audio sequences other than while navigating the Website and purchasing the services represented therein.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than as set forth in this section, you may address a request to questions [at] fundforall [dot] org.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company names, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (www.fundforall.org/privacy).
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us at questions [at] fundforall [dot] org. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy (fundforall.org/privacy).

Online Purchases and Other Terms and Conditions

All donations facilitated through our site or other transactions for the sale of services or information formed through the Website or as a result of visits made by you are governed by these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier or registered or certified mail to Powered By Charity, 117 E. Colorado Blvd., #200 Pasadena, CA 91105. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS SUBSIDIARIES, AFFILIATED FOUNDATION OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, the Privacy Policy or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction); provided, however, that the Arbitration provision below shall be governed by the Federal Arbitration Act.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be heard and resolved exclusively by binding arbitration, as detailed below. Any action to protect the interest of a party or to enforce the arbitration provision below or any arbitration award shall be heard solely in the state and federal courts located in the City of Los Angeles, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Waiver and Severability

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

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy (fundforall.org/privacy) constitute the sole and entire agreement between you and Powered By Charity, PBC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Powered By Charity, PBC, which may be contacted via email at questions [at] fundforall [dot] org. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to questions [at] fundforall [dot] org.

The following terms immediately below are expressly applicable to the Charity On Top Foundation, Inc. program “fundforall”. Except as expressly detailed below, the terms and conditions above apply to the fundforall program.

fundforall Account Management

All accounts are administered by fundforall, a program of Charity On Top Foundation, Inc. Charity On Top Foundation, Inc. is an IRS registered and approved 501(c)(3) nonprofit organization located in Pasadena, California, and acts as a sponsoring organization for your charitable fund or foundation fund. Charity On Top Foundation, Inc. will be responsible for maintaining the fund in a fiscally and ethically sound manner, and will submit all annual tax filings and audits as required. These tax filings include all of the charitable and foundation funds held at fundforall. There is no cost to administer it.

Establishing a Giving Account

In order to establish a fundforall fund account, simply go to our website, fundforall.org, click the Sign Up button, and enter the requested information.

Disclosure Concerning Tax Deductibility of Purchase

NEITHER POWERED BY CHARITY, PBC NOR CHARITY ON TOP FOUNDATION, INC. make any warranty, guarantee, promise, or affirmative representation concerning the tax deductibility of any gift facilitated through this Site or elsewhere. We hereby disclaim any responsibility to ensure the tax deductibility of your donation.

Please consult your independent legal counsel and/or tax advisor to gain advice concerning whether your donation on our fundforall platform will constitute a tax-deductible donation.

The amount of the donation added to your fundforall wallet is donated to Charity On Top Foundation, Inc., a California nonprofit corporation and 501(c)(3) tax-exempt organization. Once donated, it sits in your fundforall account until you choose to make a distribution to a charitable organization of your choice (the “Distribution”). The amount of the donation may be immediately tax deductible for you (the "Donor"). The charitable recipient ("Recipient") may use the Distribution made from your fundforall account in its reasonable discretion and in accordance with its terms and conditions.

To be eligible for a tax deduction in the amount of the donation, the Donor must not derive any personal benefit from the charity to which the Donor or Recipient ultimately contributes the Distribution or any portion thereof. Furthermore, if the Donor is an officer, director, or control person associated with the charitable Recipient of the Distribution, the donation contribution may not be tax deductible or may not be considered public support for the charitable Recipient.

By making your Distribution, you hereby covenant, guarantee, and agree that you will neither seek nor receive any personal benefit from any charitable Recipient of the Distribution, and you agree to indemnify and hold harmless both Powered By Charity, PBC, and Charity On Top Foundation, Inc. from any tax or other liability, penalties, expenses, costs, or damages that you or either entity may incur as a consequence of your receipt of any such personal benefit. The foregoing shall in no way diminish the indemnification to which either entity is entitled.

By making your donation, you hereby acknowledge that, if your donation is tax deductible, you will seek your tax deduction receipt from Charity On Top Foundation, Inc. only, and not from any third-party charitable recipient of the Distribution.

Your tax-deductible receipt is emailed to you immediately upon purchase and a copy can be requested of it at any time by emailing us at questions [at] fundforall [dot] org.

Participation in the Services and Establishment of DAFs

Charity On Top Foundation, Inc. manages fundforall which is a platform connecting individuals and companies to charitable organizations in order to allow for quick and easy contributions through Donor Advised Funds (“DAF” or “DAFS”). Contributions made through the fundforall platform may be made generally to a charitable organization with no grant recommendations by the donor or they may be made to the charitable organization with the donor exercising the right to make non-binding grant recommendations to the charitable organization regarding how the donor wishes their contribution to be used by the charitable organization. The charitable organization shall have the right to reject any such donor recommendation at their sole discretion and without liability to the donor. The fundforall platform allows individuals and companies to make contributions to charities of their choice for charitable purposes. Distributions made from your fundforall fund account to charitable recipients may be made generally to any of the organizations listed on the fundforall website. You understand that your Distributions made to organizations through the fundforall platform are made to tax-exempt, IRC §501(c)(3) charitable organizations.

Donations and Distributions Are Irrevocable

DONATIONS AND DISTRIBUTIONS MADE ON THE FUNDFORALL PLATFORM ARE IRREVOCABLE AND CANNOT BE RETURNED. DAFS ON THE FUNDFORALL PLATFORM SHALL NOT BE CONSIDERED SECURITIES OF ANY KIND. ONCE A DISTRIBUTION HAS BEEN MADE, THE RECIPIENT CHARITY HAS THE ULTIMATE CONTROL, DISCRETION, AND AUTHORITY OVER THE FUNDS. RECIPIENT CHARITIES MAY USE THE DISTRIBUTIONS FROM THE DAFS AT SUCH TIMES, IN SUCH AMOUNTS, IN SUCH WAYS, AND FOR SUCH PURPOSES AS THE RECIPIENT CHARITY SHALL DETERMINE, IN ITS SOLE DISCRETION, WITHIN THE SCOPE OF ITS CHARITABLE PURPOSES.

Prohibited Distributions

In compliance with the Internal Revenue Code, Distributions are not permitted, for non-charitable purposes; for political contributions or to support political campaign activities; or for any purpose that would provide benefits, goods or services to a Donor to the fund, the fund’s advisor(s) or other related parties. This includes Distributions made to satisfy pledges made by any person, including a fund advisor, and non-deductible (or partially tax-deductible) memberships, event tickets, sponsorships, registration fees in tournaments and cause-related marketing activities. Distributions are generally not allowed to private non-operating foundations, unless certain exceptions are met. Distributions to charitable recipients may not be used to satisfy preexisting pledges or to provide a private benefit, for example, to pay dues or membership fees, purchase tickets to a benefit, honor a pledge, purchase goods at charitable auctions, or make Distributions to a charitable organization on which the donor sits on the Board of Directors or would otherwise benefit privately from such distribution (this list is for example purposes only and is not exhaustive). Distributions may not be used for lobbying activities, political contributions, or political campaigns. IN THE EVENT IT IS DETERMINED IMPROPER DISTRIBUTIONS ARE MADE BY ANY DONOR, POWERED BY CHARITY, PBC RESERVES THE RIGHT TO IMMEDIATELY SUSPEND THE DONOR’S ACCOUNT.

DAF Accounts

For any fund account established by an individual or company donor, fundforall establishes and maintains records for each donor showing the donor’s Distributions to charities, in-kind donations, and volunteer hours (if submitted by the donor), and provides statements electronically available to the donor.

General tax benefits and considerations for DAFs distributing to domestic charities

Donors receive an immediate income tax deduction in the year donors contribute to their DAF. Contributions to public charities immediately qualify for maximum income tax benefits. The Internal Revenue Service (“IRS”) does mandate some limitations, depending on donors’ adjusted gross income (“AGI”). For federal income tax purposes, an individual donor’s itemized deduction for a monetary donation is currently limited to Sixty Percent (60%) of their AGI. Donors’ DAFs will not be subject to estate taxes.

Each donor is responsible for determining the value for tax purposes of the Distributions made through the fundforall platform.

DONORS ARE URGED TO CONSULT THEIR ATTORNEYS, ACCOUNTANTS OR TAX ADVISORS WITH RESPECT TO QUESTIONS RELATING TO THE DEDUCTIBILITY OF CONTRIBUTIONS MADE THROUGH THE fundforall PLATFORM FOR FEDERAL AND STATE TAX PURPOSES. NOTHING IN THESE TERMS OR ON THE fundforall PLATFORM SHALL BE CONSTRUED AS TAX ADVICE, AND Powered By Charity, PBC SHALL IN NO CASE BE LIABLE FOR ANY ERRORS MADE IN DONORS’ TAX FILINGS AS RELATED TO CONTRIBUTIONS MADE THROUGH THE fundforall PLATFORM.

Non-US Donors

Non-U.S. donors and other donors wishing to contribute to foreign charitable organizations may use the fundforall platform, but acknowledge that contributions made to foreign charitable organizations may not be tax deductible, depending on the laws of the country in which the donor resides. Donors understand and acknowledge they are solely responsible for determining the proper tax treatment for any contribution made through the fundforall platform. Powered By Charity, PBC has not and will not provide any tax or legal advice to donors in connection with any contributions made through the fundforall platform. These Terms of Use do not attempt to define the tax implications for participating in the fundforall platform. If a donor participates in the fundforall platform, donors should consult with their own accountants, tax advisors and legal advisors.

Distribution Records

Records of each Distribution made by donors are kept on the fundforall platform and will be made available to that donor through the fundforall website. By donating through the fundforall platform and selecting ‘Public’ under the ‘I want to give with this visibility’ drop down menu, each donor authorizes Powered By Charity, PBC to share its username as well as the amount of each Distribution on the fundforall platform for other fundforall platform participants to see.

Disputes Between Donors and Charitable Organizations

Powered By Charity, PBC is in no way responsible for interactions between donors and charitable organizations benefiting from participation in the fundforall platform, nor for any disputes or damages that may result from such interactions.

Charitable Organization Representations and Warranties

In exchange for receiving any Distributions through the fundforall platform, each charitable organization hereby represents and warrants to that at all times you will be receiving Distributions through the fundforall platform:

  • You are recognized by the Internal Revenue Service (“IRS”) as exempt from federal income tax under IRC Section 501(c)(3), and have public charity status under Section 509(a)(1) or (2), or under IRC Section 509(a)(3) if you are classified as a functionally integrated Type III supporting organization, and will utilize all Distributions received through use of the fundforall platform in accordance with such tax-exempt status, and you will not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose or impermissible benefit;
  • You understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof;
  • You have registered with Internal Revenue Service (“IRS”), and you will regularly update the IRS with any relevant changes;
  • You have completed and submitted the Electronic Funds Transfer Authorization Agreement, if this is Your preferred payment method;
  • You shall promptly notify Powered By Charity, PBC of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (i) and (ii) above;
  • The donor of any online Distribution will not receive, nor be promised to receive, any valuable goods or services as a result of such Distribution, including but not limited to tax credits, sweepstakes entries, raffle entries or material goods;
  • You grant Charity On Top Foundation, Inc and its affiliates the authority to collect Distributions on your behalf, and consent to the use of Your organization’s name on the Websites; and
  • The fundforall platform cannot be used to process membership, raffle tickets, sweepstakes entries, merchandise or service payments, or to accept Distributions that were not made directly by the donor to your organization through the fundforall platform.

Donor Representations and Warranties

In exchange for use of the fundforall platform each donor hereby represents and warrants to that at all times you will be giving donations and Distributions through the fundforall platform:

  • You have not falsified your personal information, including your name or payment method on the fundforall platform;
  • You will not receive, nor be promised to receive, any valuable goods or services as a result of any Distribution made through the fundforall platform, including but not limited to tax credits, sweepstakes entries, raffle entries or material goods;
  • No Distribution through the fundforall platform may be used to process membership, raffle tickets, sweepstakes entries, merchandise or service payments, or to provide Distributions that were not made directly by you to a charitable organization through the fundforall platform.

Process of Giving (Individuals and Companies)

In order to start giving, simply click the ‘my fund stuff’ link on the left side of the fundforall page, go to ‘my wallets,’ and add a wallet. Once you have added a wallet and transferred funds therein, you will be able to search charities of your choosing from the ‘search charities’ link and donate whatever amount to whatever charity you desire. You can donate to as many charities as you want with your wallet and can transfer more money to your wallet at any time. There is a Three Percent (3%) transaction fee for each deposit made to your wallet. You can also access all of your transactions and your giving history from the ‘my fund stuff’ tab at any time. You can set up recurring Distributions to your favorite charities, which may be modified at any time from your fund account.

Process of Receiving for Charities

Every time a charity receives a Distribution on the fundforall platform, the charity may withdraw the Distribution at the charity’s pace and has payment choices, allowing charities to use the Distributions whenever they need them most.

The charity will receive an alert each time a distribution is received through the fundforall platform. To transfer the funds, you can login to the fundforall portal, find the distribution, and decide when funds may be transferred to the charity.

Giving Pro Foundation accounts (individual and corporate) can promote their page and accept donations into the account owner's fundforall giving fund. There are currently two ways account holders can do this:

Share your Giving Page QR Code with friends and family. After scanning the QR code, they will be directed to your Giving Page where they can donate to your foundation. If the donor has a fundforall account, funds are transferred from the donor to the intended recipient foundation. Transaction entries will appear in both parties' account ledgers. If a donor does not already have a fundforall account, donations are processed via Stripe using a credit card and passed through the foundation's fiscal sponsor, Charity On Top Foundation, Inc. After the funds are received, they are ear-marked for the intended recipient foundation. These transactions will appear in both parties' account ledgers as a transfer of funds between Charity On Top Foundation, Inc. and the intended recipient.

You can also share your foundation url with friends and family from your Giving Page. Look for the red SHARE button when you are logged in and on your Giving Account page. Clicking the SHARE button will popup a SHARE dialog where you can choose email or social media to share your charity page.

Account Levels

While the fundforall Giving Starter account is free, you can always upgrade for more features! More information on each upgrade below.

Giving Expert

You can upgrade to a Giving Expert account for an initial, one-time setup fee in the amount of Ninety-Nine Dollars and No Cents ($99.00), and an annual fee in the amount of Thirty-Nine Dollars and No Cents ($39.00) for each year thereafter. Your account will automatically renew on an annual basis unless and until you change your account level or cancel your account subscription.

Giving Pro (Foundation)

You can upgrade to a Giving Pro Foundation account for an initial, one-time setup fee in the amount of Two Hundred Ninety-Nine Dollars and No Cents ($299.00), and an annual fee in the amount of Thirty-Nine Dollars and No Cents ($39.00) for each year thereafter. Your account will automatically renew on an annual basis unless and until you change your account level or cancel your account subscription.

Giving Pro (Corporate)

Corporate donors can upgrade to a Giving Pro Corporate account for an initial, one-time setup fee in the amount of Two Thousand Dollars and No Cents ($2,000.00), and an annual fee in the amount of Two Hundred Ninety-Nine Dollars and No Cents ($299.00) for each year thereafter. Your account will automatically renew on an annual basis unless and until you change your account level or cancel your account subscription.

Fiscal Sponsored Accounts

We will consider applications for Fiscal Sponsored accounts on a case-by-case basis. To inquire about a Fiscal Sponsored account, please contact us at questions [at] fundforall [dot] org.

Minimum Distributions and Donations

There is a minimum of Ten Dollars and No Cents ($10.00) per Donation to your fundforall wallet and to any Distribution to any charitable organization.

Payment Processor Terms

Our current payment processor is Stripe, Inc. (“Payment Processor”) and your payments shall be processed in accordance with Stripe’s Terms of Use and Privacy Policy and any other related terms or policies Payment Processor may have created or will create in the future. Neither Powered By Charity, PBC nor Charity On Top Foundation, Inc. shall be responsible for any dispute or issue between you and Payment Processor.

Insufficient Funds

Recurring Donations: In the event you have insufficient funds for recurring donations into your fundforall account, our Payment Processor will send you (and us) a notice that your card has been declined. You will receive three (3) such notices from our Payment Processor to correct, and we will follow up with you as well. If you do not update your card or switch to a new card, nothing further will occur and no charges will be made, and your recurring donation will not be added to your fundforall account. Your fundforall account will remain active, and you can always update your payment method and set up recurring donations at a later date.

Annual Fees (Upgraded Accounts): In the event you have insufficient funds for the annual fees for your upgraded page, our Payment Processor will send you (and us) a notice that your card has been declined. You will receive three (3) such notices from our Payment Processor to correct, and we will follow up with you as well. If you do not update your card or switch to a new card, your upgraded page will be deactivated until your payment method is updated and you are able to pay the recurring annual fee again, and you will be charged a late fee in the amount of Ten Dollar and No Cents ($10.00). We will keep all of your upgrade page settings saved for you, so you will not have to set your page up again upon reactivation.

Reactivation

To reactivate your account, click “Reactivate” at the top of your fundforall dashboard, then pay any applicable subscription fee and a late fee.

Automatic Contributions Feature/Auto-Donation of Funds

Donors may implement service features pursuant to which a donor may – in lieu of manually accessing their fund account to specify a contribution or contributions to make – establish fund account settings to automatically make contributions in the amount, frequency, and to the charity the donor desires. To the extent a donor chooses to activate the automatic contribution feature on the donor’s registered fund account, and depending on the particular preferences selected by the donor, the automatic contribution feature will remain active until deactivated by either the donor or Charity On Top Foundation, Inc.