Protection of Children
Our Website is not structured, targeted, designed or intended to attract use by children under the age of 13. GiveMN does not knowingly solicit use by children under the age of 13. In accordance with the Children’s Online Privacy Protection Act, we will not intentionally accept information from users under the age of 13. By using this Website, you certify, warrant, and represent that you are at least 13 years of age. You must review this Agreement with your parent or guardian if you are 13 or older, but under the age of 18.
This Website is operated, controlled and designed for use within the United States. GiveMN makes no representation or warranty that the Website is appropriate or accessible outside the U.S. If you are accessing the Website from outside the U.S., whether directly or indirectly, you do so at your own risk and are responsible for compliance with all applicable laws.
We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Website solely to promote electronic giving and to advance the GiveMN Mission in accordance with these Terms. You may make donations, post content and information, and develop campaigns that solicit donations to nonprofit or charitable organizations.
All content of the Website, which may include without limitation, software, text, graphics, images, sound recordings, audiovisual works, information, data, photographs, logos, trademarks, service marks, and other content or materials, associated technology, and the look and feel of the Website (collectively "Content"), are the proprietary property of GiveMN, which is owned by GiveMN or its licensors. Any rights to Content not expressly granted to you herein are reserved by GiveMN. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel or otherwise. Excluding your own Content posted on the Website in accordance with the Terms or as expressly allowed in these Terms, you may not sell, publish, transfer, copy, transmit, frame, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, without our express written permission; any such use is strictly prohibited. Unless you have received specific written permission from GiveMN, you may not alter or modify any Content on the Website. You must retain all copyright and other proprietary notices, without obscuring the notices, contained in or on the Content.
Some portions of the Website allow you to upload, post, and/or distribute Content; or view, copy or download Content. Such use of the Website, and other communications with GiveMN regarding the Website, are subject to the following conditions:
1) All your Content and the consequences of posting Content are solely your responsibility and are subject to the Agreement.
2) By using the Website you may be exposed to Content that, in your opinion, is offensive or objectionable. GiveMN may, but is not obligated to, preview or review any Content and, in its sole discretion, block or remove without notice Content that violates the Terms or are otherwise objectionable from the Website. Failure to block or remove some or all of the Content is not an endorsement, and is done at our discretion.
3) You represent and warrant that all of the Content you provide does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and that you have the right to provide the Content, including the rights necessary to grant the license to the Content as set forth below.
4) By posting, inputting data or engaging in any other form of communication through the Website, uploading or otherwise distributing your Content on the Website, you explicitly consent that GiveMN may access, display, view, store, and/or download such Content, and post or forward such Content to others who may or may not be registered users of the Website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to GiveMN a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, world-wide license to all your rights in the Content (including moral rights) for all purposes, including but not limited the rights to use, reproduce, modify, compile, combine with other content and data, copy, record, synchronize, incorporate such Content into other works, adapt, format, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, and index your Content and display, perform, commercialize, and make it available to others in all media now known or hereafter devised, including, without limitation, through the Website. You retain all copyrights and other intellectual property rights in and to your own Content. By providing Content to the Website, you hereby permit, but do not require, GiveMN to identify you as the provider of such Content. You may revoke this license in regard to the right to display your Content by removing your Content from the Website. You agree that we have no liability or responsibility for the storage or deletion of any Content that you submit or post or emails you send through, or related to, the Website.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of Content not owned by you.
The trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of GiveMN or its licensors (“GiveMN Marks”). Other company, product, and service names located on the Website may be trademarks or service marks owned by others (“Third-Party Marks” and, collectively with the GiveMN Marks, the “Marks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. All goodwill generated from the use of GiveMN Marks inures to our benefit, and as appropriate, to the benefit of our licensors.
Confidential Communications and Infringement Notifications
Unless consistent with prior arrangements made in writing and agreed to by all parties, please do not send us any content that contains confidential information. With respect to all communications you send to us, including, but not limited to, feedback, questions, complaints, data, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, techniques, or other intellectual property contained in your communications for any purpose whatsoever, including but not limited to, development uses, production uses, marketing, creation of derivative works, display, reproduction and distribution based on, or that incorporates, such information without any payment, royalty or obligation to you.
If you believe any portion of the Website infringes on your copyright please notify us immediately in a manner that complies with the Digital Millennium Copyright Act and include in your notice:
1) The name and description of the work that is infringing, including where on the Website the work is located (the URL or other clear identifier).
2) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
3) A statement that you have made a good faith effort to determine, and have a good faith belief that, use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
4) Your name, address, telephone number and email address, and if different and available, the name, address, telephone number and email address of the copyright owner.
5) A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6) You must sign this notification and send it to us at: GiveMN, Attn: Compliance Officer, 101 Fifth Street East, Suite 2400, Saint Paul, Minnesota 55101.
Some portions and features of the Website require registration, and may include setting up a user name and password. If you do not register you may not be able to use all of the features of the Website. If you are registering on the Website as an organization, you represent and warrant that you have the authority to bind the entity to this Agreement. If you register, you agree to provide accurate and complete information. You also agree that to continue using the Website you will update the registration information to maintain the truthfulness, accuracy and completeness of the information. We are under no obligation to accept any individual or entity as a registered user, and may accept, reject or disable any registration in our sole and complete discretion at any time.
You agree not to use the Website to upload, download, scrape, post, or otherwise use or transmit any Content, information, or code that:
-- is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, discourteous, obscene, pornographic, sexually explicit, vulgar, or is otherwise objectionable;
-- promotes hate, hate speech, violence, intolerance, or the financial exploitation of a crime;
-- constitutes unauthorized disclosure of personal, confidential, or sensitive information;
-- infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party under the laws of any jurisdiction;
-- contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information;
-- misrepresents your identity or affiliation with a person or entity or allows you to impersonate another real or fictional person;
-- creates multiple user accounts by automated means or under false or fraudulent pretenses;
-- directly, or indirectly, send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication;
-- attempts to gain unauthorized access to the Website or any other service, system or networks connected to the Website, and/or other accounts not belonging to you, or violate security of any portion of any Website, by hacking, password mining or any other means;
-- obtains or attempts to obtain any information, materials or documents not purposely made available through the Website through any means;
-- republish the Website Content, not provided by you, or incorporate the Content in any other database or compilation without the express written consent of GiveMN;
-- attempts to interfere with the proper working of the Website or any transaction being conducted on the Website or to restrict or inhibit any other user from accessing or using the Website, including but not limited to, hacking or defacing any portion of the Website, or through a denial of service attack;
-- violates any applicable local, state, national or international law;
-- manually or through automated means, including spiders, robots, crawlers, data mining tools, or the like scrapes or downloads any data from the Website, unless expressly permitted in writing by GiveMN;
-- encourages, promotes, facilitates or instructs others to engage in illegal activity; or
-- conflicts with the GiveMN Mission.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any Content that we determine conflicts with the above prohibited activities.
Third-Party Websites and Links
You understand that there are administrative costs, expenses and fees associated with maintaining this Website and processing donations. Consequently, a tax-deductible transaction fee of 6.9% will be applied to all donations made through the Website.
Use of Donor Advised Fund
We may use a third-party Donor Advised Fund (“DAF”) to process your transaction. If we use a DAF, the DAF shall permit contributors to its donor advised fund to make advisements for re-grants to qualified charities recognized by the Internal Revenue Service (“IRS”) under section 501(c)(3) of the Internal Revenue Code (excluding private non-operating foundations and trusts) and schools recognized by the Department of Education National Center for Education Statistics (“NCES”). Donors who make donations through the Website shall acknowledge that their charitable gifts are completed contributions made to the DAF, which will hold and administer the donations. As required by the IRS, the DAF shall have exclusive legal control over such donations. To the fullest extent consistent with its exempt purposes and operation as a donor advised fund, the DAF shall make re-grants to qualified charities suggested by donors at the time of their donation to the DAF. If the DAF determines that the recommended charity does not qualify to receive donations (e.g. it has been classified as a disqualified entity by the IRS) then the DAF will select a different entity which may include GiveMN. If we use a DAF, the name of the entity administering the DAF will appear on your donation receipt as the recipient of the donation.
Donations made on GiveMN.org are final, irrevocable and non-refundable. Should a refund be granted in the discretion of GiveMN, its delegates or a DAF, such refund shall not be construed as setting a precedent. Donations are considered complete for purposes of this refund policy as soon as you submit the donation through the Website. Requests for refunds should be made by sending an email as soon as possible after the donation was made to firstname.lastname@example.org with the words “Refund Request” in the subject line and a detailed description of the donation and the reason you are requesting a refund. We will make efforts to timely respond to refund requests, however, we make no promises that we will respond or that a refund will be made. If we determine a refund is appropriate we may refund all or part of your donation and may withhold transaction fees incurred in obtaining the refund.
Taxes and Tax Deductibility of Transactions
You will receive a receipt for your donation stating that “no goods or services were provided in return for the contribution.” You are responsible for all taxes, if any, associated with your transactions including donations and contributions. You are responsible for determining the tax deductibility of your donations made through the Website. If you are unsure you should contact your tax advisor for assistance.
Compliance with Laws
You agree that your use of the Website, and all uses related, directly or indirectly, to your use of the Website, complies with all applicable local, state, federal, foreign and international laws, regulations and rules (collectively “Laws”). This includes, without limitation, all Laws related to solicitation of donations, money laundering, anti-bribery, privacy, anti-discrimination, fraud, financial transactions, terrorist/terrorism and digital communications.
Termination and Survival
Unless explicitly stated elsewhere in this Agreement all terms, rights and obligations that naturally should survive termination of your use of the Website and termination of these Terms, do survive. These include, but are not limited to the survival of the sections with the headings “Taxes and Tax Deductibility of Transactions,” “Compliance with Laws,” “Termination and Survival,” “Warranty,” “Limitation of Liability,” “Indemnification,” “Contractual Limitation on Time to Bring Action or Dispute,” “Governing Law and Jurisdiction,” “Non-Waiver,” and the licensing of your Content to GiveMN.
The mere inclusion of any content, links or materials on the Website does not constitute or indicate GiveMN’s endorsement. The Website, including all content, software, functions, services, materials and information made available on or accessed through the Website, is provided on an "AS IS” and “AS AVAILABLE" basis. To the fullest extent permissible by law, GiveMN makes no representation or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website, for any products or services, or links to third parties, as to tax status or treatment of transactions, or for any breach of security associated with the transmission of sensitive information through the Website or any linked or referenced site. Further, GiveMN disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. GiveMN does not warrant that the functions contained in the Website or any content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.
Limitation of Liability
YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST REVENUES) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE GREATER OF ONE DOLLAR OR THE MINIMUM AMOUNT OF DAMAGES ALLOWED BY LAW, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR (I) OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE; (II) ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH; AND (III) ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS OR SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR ORGANIZATION OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
You agree to indemnify, defend and hold GiveMN, and all its subsidiaries, affiliates, shareholders, owners, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liability and costs, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites and Content; (ii) Content you submit, post, transmit or otherwise make available via the Website; (iii) your violation of these Terms. This indemnification obligation will survive the termination of your use of the Website or termination of these Terms. GiveMN reserves the right, at its own expense, to assume the exclusive defense and control of any matter arising under this Agreement subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any claim and in no event shall you settle any matter in which GiveMN is directly, or indirectly, implicated without the written consent of GiveMN.
Contractual Limitation on Time to Bring Action or Dispute
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year after the day you either knew or should have known that you had an actionable dispute.
Governing Law and Jurisdiction
This agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this agreement shall be an appropriate state or federal court located in either Hennepin or Ramsey county, in the State of Minnesota. The Uniform Computer Information Transactions Act (UCITA) as may be enacted, amended, or modified by the various states, is expressly excluded.
The paragraph and section headings used in this Agreement are for reference and convenience only and will not limit or control the interpretation of any term or provision of this Agreement.
We may assign any of our rights or obligations under the Terms to another party without notice or consent for any reason. You and GiveMN are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
If any provision of this Agreement is found by a governmental authority or a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted so as to best accomplish the objectives of the original provision so as not to be invalid, illegal or unenforceable, or if no such interpretation is possible, such provision shall be severed herefrom and the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected by such provision.
GiveMN may waive or fail to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions and such waiver or forbearance shall not be construed to be a waiver of the same or any other option, right or privilege on any other occasion by GiveMN.
Consent and Changes
By using this Website, you consent to the terms of this Agreement. This Agreement constitutes the entire agreement between you and GiveMN. Our business changes constantly and our Terms may also change from time to time. You should check our Website frequently to see recent changes. We may change these Terms at any time in our discretion and without notice. If we do so, such change will appear on this Website. You may always visit these Terms to learn of any updates.
Conflict of Terms
The effective date of these Terms is July 1, 2014.
Copyright 2014 GiveMN, a Minnesota Nonprofit Corporation
July 1, 2014 revision
The K Foundation Terms & Conditions
The K Foundation (“TKF”) is a tax-exempt 501(c)(3) public charity whose charitable purpose is to encourage the increase of philanthropy among people of all means by facilitating online donations for charitable purposes through the efficient receipt, processing, tracking and disbursement of charitable contributions for nonprofit organizations and schools.
TKF is a supporting organization of the San Antonio Area Foundation (“SAAF”), a public foundation formed in 1964. Through their acceptance of TKF as a supporting organization, TKF receives 501(c)(3) status through SAAF’s IRS group exemption determination.
TKF is governed by a board of directors, which sets policies related to its donor advised funds.
TKF works with GiveMN’s technology partner, Kimbia Inc., to handle the transacting and processing of funds donated through the GiveMN.org website.
When you make a donation on GiveMN.org, you are making a donation to a donor advised fund at TKF. This process exists to facilitate the granting of funds to the specific nonprofit or school you have recommended at the time of your gift.
Nonprofits and schools may not promise or provide good or services in exchange for your making a donation to a donor advised fund such as the donor advised fund administered by TKF. TKF may only accept contributions for which a donor will be receipted stating that “no goods or services were provided in return for the contribution.”
If you have any other questions about your donation on GiveMN.org, contact GiveMN by email at email@example.com. GiveMN will work with TKF as appropriate.
When you make a donation online, certain information is collected, including your name, billing address, transaction information, and email address. This information is visible to GiveMN, TKF as the legal recipient of the funds and administrator of the donor advised fund, and software and service providers.
Additionally, a nonprofit or school to whom you are recommending a donation will also receive your name, billing address, email address, and transaction information. If you wish for your information not to be disclosed to the nonprofit or school to whom you are recommending a donation, you may select the anonymous giving option on the donation form. As required by the IRS in the case of very large transactions, your name, gift amount, and billing address information may be made publicly available by TKF on an IRS Form 990 filing.
TKF donor advised fund policies are subject to change at any time as determined by TKF’s board of directors. TKF manages the criteria by which the database of organizations listed on GiveMN.org is periodically updated from publicly available sources. These publicly available sources include the IRS Exempt Organizations Business Master File and school information listed in databases maintained by the Department of Education National Center for Education Statistics (NCES).
The criteria used to determine an organization’s inclusion on GiveMN.org and presumed eligibility for a grant from TKF is one of the following:
1) a public charity as described in Internal Revenue Code section 501(c)(3) except for trusts and non-operating private foundations, or
2) a Minnesota school with an active status and assigned NCES code.
For a variety of reasons, including issues of inaccurate or incomplete information maintained by the IRS and NCES, some organizations that meet the criteria described above may not be visible or searchable on GiveMN.org by default. In these situations, organizations may submit information to TKF evidencing its qualifying status for inclusion on GiveMN.org and TKF grant eligibility.
If you represent an organization that is a registered 501(c)(3) that does not appear on GiveMN.org, please send the organization’s current IRS determination or affirmation letter to firstname.lastname@example.org or fax to 651.800.4910.
If you represent a local affiliate of a central organization that holds a group exemption, please send the following two items to email@example.com or fax to 651.800.4910:
1) the central organization’s current IRS determination or affirmation letter, and
2) the central organization’s most recent IRS filing, listing your local organization as covered by its group exemption.
If you represent a religious or faith-based organization not required to file with the IRS, please send the following three items to firstname.lastname@example.org or fax to 651.800.4910:
1) EIN Issuance Letter from the IRS, and
2) an official denominational listing identifying your religious or faith-based organization, and
3) a letter on official letterhead with organization name, physical address, mailing address (if different), phone number, email address, and website, signed by the head of the organization and requesting inclusion on GiveMN.org.
If you represent a small organization with annual gross receipts less than $5,000, please send the following two items to email@example.com or fax to 651.800.4910:
1) An EIN Issuance Letter from the IRS, and
2) a letter on official letterhead with organization name, physical address, mailing address (if different), phone number, email address, and website, signed by the head of the organization and requesting inclusion on GiveMN.org.
Organizations wishing to receive grant payments by electronic funds transfer (EFT) should complete the appropriate online form through the administrative area on GiveMN.org and submit appropriate account documentation as described on that form. An EFT request will take effect for all payments occurring in the month following the month in which a request form is approved. EFT transfers are processed on the same schedule as mailed checks.
Although TKF makes every attempt to keep the list of eligible organizations current and accurate, TKF makes no claim or representation to the ability of any organization to legally receive grants at any point in time. In cases where an organization’s status changes to ineligible between the time of a donation on GiveMN.org and TKF’s making of a grant, TKF will direct the contribution to an alternate charitable cause in accordance with the policies and procedures promulgated by TKF officers and directors and consistent with the agreements between GiveMN and Kimbia.
Although The K Foundation is a separate organization, GiveMN is able to answer questions about TKF operating processes. Please contact GiveMN at firstname.lastname@example.org with any questions you may have.
The K Foundation
Federal ID 46-5670545
3824 Cedar Springs Road #801-4951
Dallas, Texas 75219
303 Pearl Parkway, Suite 114
San Antonio, Texas 78215
San Antonio Area Foundation
Federal ID 74-6065414
Physical & Mailing Address:
303 Pearl Parkway, Suite 114
San Antonio, Texas 78215
The effective date of these Terms is July 1, 2014.