TERMS AND CONDITIONS OF USE
DonationMatch, Inc. Terms and Conditions of Use
Last Modified: May 28, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE (these “Terms”) CAREFULLY. These Terms set forth the legally binding terms and conditions that govern your access to and use of the Sites and Services (as defined below). By accessing or using the Sites or Services, you are accepting these Terms and our Privacy Policy which is incorporated into the terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent.) You may not access or use the Sites or accept these Terms if you are not at least 13 years old. If you do not agree with all the provisions of these Terms, do not access and/or use the Sites or Services.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute.
The website located at https://www.donationmatch.com, including all associated subdomains, affiliated websites, online services, mobile and software applications, and those sites listed in the paragraph below labeled “Additional Websites Subject to the Terms and Conditions of Use” (collectively, the “Sites”) are copyrighted work belonging to DonationMatch, Inc. (collectively referred to herein as “DonationMatch,” “we,” “us,” or “our”). These Terms govern all use of the Sites and all content, services, and products (“Services”) available on or delivered through the Sites.
The Sites are offered subject to your acceptance without modification of all of these Terms, our Privacy Policy, and all other operating rules, policies, and procedures that may be published and changed from time to time on the Sites and Services by us (collectively, the “Agreement”). Any subsequent changes by us to the Sites and Services (including, without limitation, the release and use of new software, programs, tools, or resources) shall be subject to the terms and conditions of the Agreement.
We reserve the right, at our sole discretion and at any time, to amend, modify or replace any part of the Agreement. Accordingly, it is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Sites and Services following the posting of any changes to the Agreement constitutes acceptance of those changes.
The Agreement is a legally binding agreement between you and us, so please read the Agreement carefully before accessing or using the Sites or Services. By accessing or using any part of the Sites or Services, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use any part of the Sites or Services. If these Terms are considered an offer by us, acceptance is expressly limited to the terms and provisions of the Agreement.
ADDITIONAL DEFINITIONS
The following terminology applies to these Terms and any or all Agreements:
"Company," "Business," "Business Partner," “Brand,” “You,” and “Your” refers to you, the person accessing the Sites or Services, registering as a business, company, brand, or other entity using the sites to donate or provide items or money to Nonprofits and accepting these Terms on behalf of represented Company.
"Nonprofit," “You,” and “Your” refers to you, the person accessing the Sites or Services, registering as a representative of a Nonprofit, School, Church, or other exempt organization eligible and authorized to solicit and accept donations on behalf of the Nonprofit and accepting these Terms on behalf of represented Nonprofit.
"Donors," "Brands," “Companies,” and "Businesses" refer to entities that access these Sites and Services to represent an organization that provides donations to Nonprofits.
“Ourselves,” “We,” and "Us" refers to DonationMatch Inc., a Delaware corporation, and our entities.
“Party” and “Parties” refers to both the Company/Nonprofit and DonationMatch, or either the Company or Nonprofit or DonationMatch.
“User” or "Member" refers to any person who accesses the Sites or Services.
"Event" refers to an in-person or virtual/online gathering during a specific time range.
“Program” refers to a set of services a Nonprofit provides during a specific time range or ongoing.
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.
PAYMENT PROCESSING
DonationMatch uses Braintree, a division of PayPal, Inc. (Braintree), for payment processing services. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the Merchant Services Agreement (MSA), please contact Braintree at 877.434.2894.
OUR E-COMMERCE, EVENT TICKETING, AND FUNDRAISING PLATFORM
DonationMatchGO (donationmatchgo.com) uses EventGroove, a third-party e-commerce, event ticketing, and fundraising platform. If you decide to engage with and use DonationMatchGO powered by EventGroove, you acknowledge and agree to be subject to EventGroove’s terms and conditions of use. To learn more, please visit https://www.eventgroove.com/terms-of-use/.
USE OF THE SITE AND SERVICES
Eligibility. You must be over the age of 13. The Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the age of 13, and if under the age of 18, you have consent from and are under supervision in use of a parent or legal guardian. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.
Compliance with the Agreement and Applicable Law. You acknowledge and agree that (i) your use of the Sites and the Services shall be in strict accordance with the Agreement and with all applicable laws and regulations, including, without limitation, any local laws or regulations in your country, state, city or other governmental jurisdiction, regarding online conduct and acceptable content, and (ii) your use of the Sites or the Services will not infringe or misappropriate the intellectual property rights of any third party.
Intellectual Property and Trademarks. You acknowledge and agree that we are the sole owner of all rights, titles, and interests in the Sites and any and all Intellectual Property (as defined below) related thereto or to the Services. We reserve all rights in and to any and all Intellectual Property, and in the event that any such rights vest in you, the entity you represent, or any of your respective representatives, you hereby irrevocably and unconditionally assign and shall cause such entity and all such representatives to irrevocably and unconditionally assign, to us all such rights. No right, license, or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses, and transfers of ownership (if any) are granted only as expressly provided in the Agreement.
“Intellectual Property” means, with respect to DonationMatch (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, graphics, logos, and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, customer, vendor or supplier lists, pricing, cost and financial information, and business and marketing plans and proposals). In addition, to avoid doubt, Intellectual Property includes any and all additions, modifications, derivative works, and improvements thereto.
You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sites or the Services.
If you provide us with any feedback, testimonials, suggestions, or comments regarding the Sites or the Services (collectively, “Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner that we deem appropriate in accordance with applicable law. We will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider confidential or proprietary. We obtain your/the user’s consent in accordance with our Privacy Policy before posting Feedback on a public area of the Sites.
The names “DonationMatch,” “DonationMatchGo,” “SamplingForGood,” “NPVerified,” and the phrase “Events With Benefits,” our logos, and any of our slogans are trademarks and service marks of DonationMatch, Inc. The use of any other trademark or service mark is not authorized by, sponsored by, or associated with us and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit, or take any other action with respect to our trademarks or service marks without our express prior written consent.
Authorized Representative. If an individual is accessing or using the Sites or the Services on behalf of any entity, such individual represents and warrants that they are an authorized representative of such entity with the full legal power and authority to bind such entity to the Agreement and enter into the Agreement on behalf of such entity.
LIMITED LICENSE
Acceptance of these Terms grants you a license to use the Sites or Services as a Company (to provide items or cash to other users) or a Nonprofit. However, such license shall automatically terminate if you violate any conditions and may be terminated by DonationMatch, Inc. at any time. Upon terminating your viewing of these materials or termination of this license, you must destroy any files or materials downloaded from the Sites or Services in your possession, whether in electronic or printed format, unless required for substantiation of past donations. This includes electronically delivered or downloadable gift certificates, which may be subject to cancelation.
Your use license grants you the following privileges and holds you to the following conditions:
a) Be Respectful: You must refrain from using foul, hateful, or disrespectful language in any listing or posting at any time. DonationMatch reserves the right to refuse site access to Companies or Nonprofits involved in hate or violent speech or actions.
b) Email Notices: You agree to provide accurate, current, and complete information as necessary for DonationMatch to communicate with you from time to time regarding services, issue invoices, accept payment, or other account-related purposes. Therefore, you agree to update any online account information and inform us of any other changes in your entity’s legal name, business status, exempt status, address, email address, and phone number. You agree to accept emails from DonationMatch at the e-mail address specified on your account. DonationMatch may provide any notices, statements, and other communications to you through either e-mail, posting on your account login home page, and/or by mail or express delivery service.
c) Security: It is your responsibility to secure your account from unauthorized access. DonationMatch and users of the Sites or Services may act upon information and instructions provided to DonationMatch from the above-specified e-mail address and any accounts linked to the same e-mail address.
d) Accuracy of Information:
Company: You ensure that all information posted on the Sites is complete and accurately reflects your company profile and available donations and that you are authorized to act on behalf of the Company for the activities you do in our system. DonationMatch reserves the right to correct typographical errors, deactivate questionable content, and/or request an edit or clarification of your Company profile, items listed, programs listed, or any other provided information.
Nonprofit: You ensure that all information posted on the Sites is complete and accurately reflects your Nonprofit and its event information and that you are authorized to act on behalf of the Nonprofit for the activities you do in our system. This pertains to location, date, beneficiary organization, and other data requested and entered. DonationMatch reserves the right to correct typographical errors; correct errors due to discrepancies with IRS, Canada Revenue Agency, and state records; deactivate content suspected to be inaccurate; and/or request an edit or clarification of your Nonprofit profile, role, event information, program information, or any other provided information.
e) Nonprofit User Federal Exempt Status (Determined by IRS for U.S.-based Nonprofits, Canada Revenue Agency for Canada-based Nonprofits): It is your responsibility to maintain your organization's federal exempt organization status in order to remain a Nonprofit User of the Sites or Services and receive services and donations from DonationMatch Member Companies. It is your responsibility to notify DonationMatch if your organization loses such exempt status or if you are no longer an authorized representative of the organization. DonationMatch reserves the right to suspend, transfer, or remove without notice Nonprofit accounts that we suspect have lost this exempt status, for which we can no longer verify this status, or for which we cannot verify the registered user's authority to represent the Nonprofit. Inability to verify the right to represent the Nonprofit includes being notified by another verifiable representative of the Nonprofit that representation on our site has been declined or replaced.
f) Nonprofit User State Charity Registration Status (As of March 26, 2024, determined by State of California): Per California Law, “Charitable fundraising platforms and platform charities shall only solicit, permit, or enable solicitations, or receive, control, or distribute funds from donations, for charities in good standing. The [California Attorney General] Registry [of Charities and Fundraisers’ Online Filing Service] maintains a list of charities that may not operate or solicit in California. Also see lists from the Internal Revenue Service and the Franchise Tax Board.”
g) Non-Discrimination: Events must be open to anyone regardless of Race, National Origin, Religion, Gender, Sexual Orientation, and Protected Class status. Events that are only open to members of an organization must be clearly indicated. These events must also include a link that clearly explains the requirements to join the organization. DonationMatch reserves the right to deny the use of the Sites or Services to organizations that restrict membership on the basis of Race, National Origin, Religion, Gender, Sexual Orientation, or Protected Class status.
h) Donations:
Company Donations and Listings: Unless clearly stated in the description, all item listings must be 100% donations and available free of charge to the recipient organization. Postage, shipping, delivery, transit, consignment fees, or other costs may be collected as a condition of fulfillment only if such terms are stated clearly in the description and/or special instructions prior to the organization accepting or requesting the item. Donations must have any and all terms and conditions listed in the description at the time of the initial offer or request. Any donation listings that contain terms or conditions that DonationMatch feels are unreasonable or not in the spirit of a "donation" may be removed. No items related to hateful or violent speech or that encourage hateful or violent actions may be listed. No illegal products or services may be listed. Items of an adult nature must be listed in a tasteful manner. Links or images of pornography are prohibited.
Nonprofit Use of Donations: You understand that requesting donations or accepting offers is a contract for your receipt and use of items in the manner as agreed upon with provider Businesses and Brands. Items received through the Sites or Services must be used for specified programs or event usage—by auction, raffle, opportunity drawing, gift bags, and/or fundraising purposes with exposure to all attendees—as communicated through the Sites or Services and agreed upon with Businesses and Brands. Terms and conditions or Special Instructions, if any, provided by Businesses and Brands concerning their items must be met if the donation is accepted. Donations accepted through the Sites or Services CANNOT be given to volunteers or staff members (unless this is a stated and approved use made known to donors prior to their approving a donation), sold in person (except with permission during specified events), sold on websites (except in online fundraising auctions if specified in your event description and/or event type), or sold in retail stores or flea markets or any other manner. Donations cannot be transferred to other nonprofit organizations or groups without advance written permissions from the provider Business or Brand.
i) Non-Duplication of Event Listings: An event can be listed on the Sites only once. Creating multiple accounts and/or event listings for the same event, whether intentional or accidental, may result in the cancellation of your account, cancellation of donations, and/or deletion of event and/or account data, including confirmed and pending transactions, without notice or refunds. Provider Businesses and Brands may also be notified of these actions and reasons.
j) Nonprofit Record Keeping: Nonprofit Members agree to maintain adequate books and records of these donations and their distribution and agree to make these records available upon request to DonationMatch, Businesses, and Brands for Terms of Use compliance, bookkeeping purposes, and verification purposes as required by law, including to substantiate tax-deductible donations from provider Businesses and Brands for audit purposes.
k) Nonprofit Non-Compete Agreement: The primary business of DonationMatch is coordinating efforts to donate non-cash (in-kind) items or money for charitable events and program uses. The continuation of DonationMatch's services depends upon recipient organizations refraining from soliciting donations directly from DonationMatch Member Businesses and Brands outside of the DonationMatch system after becoming approved Nonprofit Members. (Donor Businesses and Brands with whom you have had donation exchanges prior to joining DonationMatch are excepted.) You agree that willful solicitation of participating DonationMatch Member Businesses and Brands without DonationMatch's written approval is an improper act to circumvent DonationMatch's services performed on behalf of all Nonprofits and violates the DonationMatch relationship formed in this agreement. Improper acts may result in the cancellation of your account and deletion of all account data, including confirmed and pending transactions, without notice. Provider Businesses and Brands may also be notified of the action and reason.
l) Company’s Ability to fulfill: You must be able to fulfill or prove the ability to fulfill the full terms of your listings for quantities offered or listed as available through the Sites.
m) Company Standards: DonationMatch uses third-party ratings, resources, and data to evaluate Companies who are allowed access to our services and reserve the right to suspend or delete accounts that do not meet our minimum standards or for which we cannot find reliable data publicly available.
n) Links: You may link to any information on the Sites that does not require a login to view.
RESTRICTIONS ON USE
Except as explicitly authorized by the Agreement or with our prior written consent, you shall not (i) distribute, transmit, license, rent, sell, lease, transfer, assign, host, or otherwise commercially exploit the Sites or the Services in each case and any Intellectual Property related thereto, whether in whole or in part; (ii) embed data, modify, copy, reproduce, translate, create derivative works from, reverse engineer, decompile, disassemble or attempt in any way to reconstruct or discover the source code for the Sites or any Intellectual Property related thereto; or (iii) access or use the Sites or the Services to build a similar or competitive website, product, mobile application, or service.
You must comply with any technical restrictions on the Sites or the Services that allow you to access or use the Sites or the Services only in certain ways. Unless otherwise indicated, any future modification or other addition to the functionality of the Sites or the Services shall be subject to the Agreement. All copyright and other proprietary notices on the Sites and the Services must be retained on all copies thereof.
You shall not use the Sites or the Services to take any action, or assist others in taking any action, that (i) is unlawful, abusive, threatening, harmful, obscene, defamatory, libelous, or fraudulent, (ii) violates the personal privacy rights of others, (iii) victimizes, harasses, degrades or intimidates any individual or group of individuals, (iv) constitutes an attempt to impersonate any person or entity, (v) is intended to omit, delete, forge or misrepresent information, (vi) is intended to cloak the identity or contact information of you or others, (vii) infringes upon or misappropriates any intellectual property of any third party, (viii) interferes with or disrupts access to or use of the Sites or the Services by us or others, (ix) results in the disclosure of personal, confidential, or insider information, or (x) involves the use of any viruses or other programs intended to interfere with, intercept or expropriate any system, data or personal information.
You may not use the Sites or Services or any information found on our sites to sell any product or solicit users for any other service.
FRAUD
We may suspend or permanently terminate your account at any time for any reason, including, without limitation, if a suspicion arises that you engaged in any fraudulent activity in conjunction with the Sites or the Services.
INFORMATION DISCLAIMERS AND USE
You are solely responsible for any information that you provide to us through the Sites or in connection with the Services. This information may not contain any viruses or other malware that may damage or interfere with the Sites or Services. You represent and warrant that your personal, contact and billing information is true, legal, accurate, and non-fraudulent in all respects.
We require some personal, contact, and billing information (“Personal Information”) to provide the Sites and Services. Please refer to our Privacy Policy to understand what information we collect, what we do with this information, how we share this information and our legal basis for collecting the personal information.
Product specifications and other information have either been provided by Businesses or Brands or collected from publicly available sources. While DonationMatch seeks to ensure that the information provided on the Sites or in connection with the Services is accurate, we do not endorse nor make any representations or warranties as to the accuracy, quality, or reliability of any information provided by Businesses and Brands on the Sites. It is the responsibility of the Nonprofit to verify the information provided. DonationMatch makes no warranties or representations whatsoever with regard to any products or materials provided or offered by Businesses and Brands, fulfillment, or any results that may be obtained through using them, and you acknowledge that any reliance on representations and warranties provided by any Business or Brand shall be at your own risk.
Nonprofit profiles, event listings, program listings, exempt status, eligibility for tax-deductibility of donations, and other information have either been provided by Nonprofit users or collected from publicly available sources. While DonationMatch seeks to ensure that information on the Sites or in connection with the Services is accurate, we do not endorse nor make any representations or warranties as to the accuracy or reliability of any information provided by the Nonprofits on Sites, how donations are used, or fulfillment of agreements, implied or explicit. It is the responsibility of the Company to verify the accuracy of Nonprofit information before providing a donation.
SOCIAL NETWORKING SERVICES
Without limiting any other terms or provisions of the Agreement, if you sign in to the Sites via a social networking service (an “SNS”) or otherwise use an SNS in connection with the Sites or the Services, you understand and agree that we, as an agent on your behalf, may access your SNS account information and content so that such information and content are available to you in connection with your access to or use of the Sites or the Services. You give us permission to access your SNS account information and content in accordance with the preceding sentence. You agree that any content you submit to an SNS while accessing or using the Sites or the Services may be stored by us at your direction and as set out in our Privacy Policy, although we do not undertake any obligation to maintain any such content.
THIRD-PARTY LINKS & ADS
The Sites or the Services may contain links to third-party websites and services (including SNSs) and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you. We do not monitor, review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You shall use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you “click” on or otherwise visit any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
DISCLAIMER OF WARRANTY
We have not made any representations, warranties, statements, or promises in the Agreement, and you have not relied upon any such representation, warranty, statement, or promise in accessing or using the Sites or the Services. The Sites and the Services are provided “as-is,” and we shall have no liability for any errors or omissions therein or any other aspects thereof. We hereby expressly disclaim all representations and warranties, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, workmanlike quality, and title with respect to the Sites or the Services. We do not represent or warrant that the Sites or the Services will meet your requirements or that access to and use of the Sites or the Services be uninterrupted, error-free, or entirely secure. You will bear all risk associated with any use of the Internet or other means of data transmission by or on your behalf, and we disclaim all responsibility and liability in connection with such use. We do not make any representations or warranties with respect to any materials, software applications, products, data, information, or content provided by any third party. You acknowledge and agree that (i) data transferred to and from the Sites may be done so unencrypted and over various networks, and (ii) any access to or use of the Sites or the Services is done at your sole discretion and risk. To the extent we cannot disclaim any warranty as a matter of law, the scope and duration of such warranty shall be the minimum permissible under applicable law.
RELEASE AND LIMITATION OF LIABILITY
By accessing and using the Sites and the Services, you agree not to sue or institute any cause of action or legal proceeding of any nature against us or any of our affiliates, or our or their respective officers, directors, employees, representatives, agents, licensors, licensees, successors and assigns (collectively the “Released Parties”) for, and agrees to release, acquit, forever discharge and compensate and hold harmless the Released Parties from and against, any and all costs, damages (actual, consequential, special, incidental, indirect, exemplary, punitive or otherwise), losses, liabilities, claims or expenses (including attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Damages”), arising out of, relating to, or in any way connected with your access or use of the Sites or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE IN CONNECTION WITH OR ARISING OUT OF THE AGREEMENT OR ANY ACCESS TO OR USE OF THE SITES OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA OR LOSS OF PROFITS, OR (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT SHALL LIABILITY OF ANY RELEASED PARTY IN CONNECTION WITH THE AGREEMENT OR ANY ACCESS TO OR USE OF THE SITES OR THE SERVICES EXCEED THE FEES PAID BY YOU TO US UNDER THE AGREEMENT DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. WE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
INDEMNIFICATION
You shall defend, indemnify, compensate, reimburse, and hold harmless each Released Party, from and against any and all Damages associated with, arising out of, or resulting from your access to or use of the Sites or the Services, including, without limitation, (i) your breach of any representation, warranty, covenant or other term or provision of the Agreement, (ii) your negligent acts or omissions, (iii) your violation of applicable laws or regulations, and (iv) any content that your post, submits or otherwise makes available on the Sites or in connection with the Service.
FORCE MAJEURE
Events outside DonationMatch’s control, which are not reasonably foreseeable, shall be considered force majeure. In the event of force majeure, DonationMatch is released from DonationMatch’s obligations to fulfill contractual agreements. Examples of such events are government actions, decisions, or omissions (i.e., restrictions, warnings, or bans that negatively affect the market), new or amended legislation, conflict or war, embargo, accident, fire or flood, natural disasters, pandemic, sabotage, strikes, or lack of delivery from suppliers.
ADDITIONAL WEBSITES SUBJECT TO THE TERMS
These Terms shall apply to the following websites and all associated subdomains:
DonationMatch: donationmatch.com
DonationMatch Support: donationmatch.zendesk.com
DonationMatchGO: donationmatchgo.com
DonationMatchGO Support: donationmatchhelp.com
SamplingForGood: samplingforgood.com
SEVERABILITY
If any term or provision of the Agreement is held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the original intent and substance of such invalid provision.
TERMINATION
You or DonationMatch may terminate your account at any time and for any reason by giving notice to the other party. We may suspend service to you at any time, with or without cause. No refunds will be issued if we terminate your account for violating our Terms. No refunds will be issued for Nonprofit accounts that fall out of exempt organization compliance during the upgrade period; it is the account holder's responsibility to ensure continued compliance with all applicable regulations and requirements. An account with no match activity for 24 or more months is considered inactive and subject to termination.
You understand and agree that we shall not have any liability to you or any other person for any termination of your access to the Sites or the Services or the removal of information concerning your account. If you violate the Agreement, we may pursue damages or any other remedies available to us, including without limitation specific performance or injunctive relief, against you in any forum we deem appropriate.
DISPUTE RESOLUTION
Disputes between you and us should be reported to our customer service. You can contact us by email at support@DonationMatch.com. We will attempt to promptly and amicably resolve any such disputes.
ARBITRATION & OTHER PROVISIONS
The Agreement constitutes the entire agreement between you and us concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. The Agreement may only be modified by a written amendment signed by an authorized executive of us or by the posting of a revised version by us to the Sites and Services. Except to the extent applicable law provides otherwise, the Agreement and any access to or use of the Sites or the Services shall be governed by the laws of the State of Delaware, without regard to the conflict of laws and rules thereof. All disputes of any nature related to the Agreement shall be determined by final and binding arbitration in the State of Delaware before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief. A waiver by any party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to and agrees to be bound by the Agreement; we may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
ACCESSIBILITY
We strive to make our Sites’ content accessible and user-friendly. However, if you are having difficulty viewing the content on the Sites or navigating the Sites, please contact us at support@DonationMatch.com, and we will be happy to assist you.
CONTACTING US
If you have any questions about these Terms or to report the conduct of users violating this Agreement, please contact us at support@DonationMatch.com or by mail to: DonationMatch Inc., 9276 Scranton Rd Ste 600, San Diego, CA 92121