Mightycause Terms of Use
Terms of Use
LAST UPDATED AUGUST, 20 2018
Summary
Welcome to the GiveMN.org powered by Mightycause Website, operated by Mightycause Corporation (“Mightycause,” “we,”, or “us”). By using the GiveMN.org powered by Mightycause Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Mightycause or Mightycause Charitable Foundation (formerly Razoo Foundation) from time to time by posting from a link on the GiveMN.org powered by Mightycause Website. You agree to be bound by such revised terms as they may be posted from to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the GiveMN.org powered by Mightycause Website.
Who We Are
Mightycause Corporation
For twelve great years, "Razoo" operated as a donation website for underfunded nonprofits and people in need, to lift up themselves and each other. We've seen the change that you can make happen. Over $600 million has been raised for causes that matter; from big multi-million dollar, community-led Giving Days, to everyday people collecting donations for those in need or on behalf of their favorite causes. We know the ins and outs of online fundraising, and we know where it's headed. The way you raise funds is evolving, and so are we. Mightycause has taken what we've learned from our amazing user base and grown into a refreshing fundraising platform that empowers organizations, showcases the generosity of communities, bolsters teamwork, gives individuals a voice, and provides a place to share what you support. We are the forefront of function, experience, and style, and are committed to building you the best and boldest technologies in fundraising for the decades to come. Mightycause is headquartered in Alexandria, VA and is management owned and operated.
Mightycause Charitable Foundation
Mightycause Charitable Foundation is a registered 501(c)(3) nonprofit which operates a donor advised fund to handle donor advised contributions made using the Mightycause website. Its mission is to foster the democratizing of philanthropy and promote high volume fundraising and grantmaking by providing cost-efficient e-solutions for charitable giving that widely benefit the charitable sector. By using innovative technology, it provides secure donation processing to its donors. As a cornerstone to fostering and facilitating fundraising and grantmaking, Mightycause Charitable Foundation educates both the donor public and charitable sector about e-philanthropy and supports the growth and positive reputation of e-philanthropy. It’s educational services will eventually span the globe through research, white papers, charity surveys, and philanthropic compendiums.
Eligibility and Registration
If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option at any time via your profile settings).
You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing help@mightycause.com.
If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.
This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Mightycause Website.
Fundraising on Mightycause
Registered Charities and Administrative Access
The GiveMN.org powered by Mightycause Website contains pages featuring hundreds of thousands of charities and other qualifying tax-exempt organizations registered in Mightycause Charitable Foundation's database as pre-approved to receive regrants of donor-advised contributions given to Mightycause Charitable Foundation's donor advised fund (“Registered Charities”). The existence of these pages on the GiveMN.org powered by Mightycause Website does not constitute as solicitation of donations; Mightycause does not engage in any solicitation activities on behalf of any Registered Charity. If you are affiliated with one of these charities, you may register to claim Administrative Access to the page featuring your organization. Your user account with Administrative Access will allow you to function as the page admin of the Registered Charity, and thereby allowing you to create fundraisers connection with your organization (“Projects of Registered Charities”), update content on the Registered Charity page, and access donation and regrant reports for the charity. Additionally, should a Donor provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.
By claiming Administrative Access for a Registered Charity, you agree that:
You have authority to represent the Registered Charity in completing this registration
You will provide true, accurate, and complete information through the GiveMN.org powered by Mightycause Website.
You are solely liable and responsible for all actions taken via your user account.
You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the GiveMN.org powered by Mightycause Website.
You do not have authority to act on behalf of, speak for, or obligate Mightycause, or Mightycause Charitable Foundation in any manner, except to use authorized Mightycause online tools and materials to raise funds through the GiveMN.org powered by Mightycause Website.
Creating Fundraisers
As a registered user, you may use the GiveMN.org powered by Mightycause Website to fundraise for a cause of your choosing. Your fundraiser may be created to support a Registered Charity, (a “Charity Fundraiser”). In creating any Fundraiser through our service:
You agree to provide true, accurate, and complete information.
You agree that you are solely liable and responsible for all actions taken under your user account.
You agree that you do not have authority to act on behalf of, speak for, or obligate Mightycause, or Mightycause Charitable Foundation in any manner, except to use authorized Mightycause online tools and materials to raise funds through the GiveMN.org powered by Mightycause Website.
Children under the age of 13 must have a parent or guardian register in his or her own name and ensure that the child's participation as a Fundraiser complies with these Terms and is under the parent or guardian’s control and supervision. The parent or guardian shall be solely liable for the child's actions in relation to fundraising on the GiveMN.org powered by Mightycause Website. Children between the ages of 13 and 17 (inclusive) may fundraiser only with the permission of a parent or guardian. If you are between the ages of 13 and 17, by creating a Fundraiser, you acknowledge that you have your parent or guardian’s permission.
Special Rules for Charity Fundraisers
You agree and acknowledge that if you create a Charity Fundraiser, you are fundraising on the GiveMN.org powered by Mightycause Website solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities you conduct on the GiveMN.org powered by Mightycause Website.
You agree to accurately promote any charity events or activities in accordance with these Terms.
You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.
Acceptable Promotion of Charity Fundraising Events and Activities
Charity-sponsored events: You may promote fundraising events and activities that are organized, sponsored, or approved by a Registered Charity on your Fundraising Page. For instance, you may ask your friends to donate to the Registered Charity, through your GiveMN.org powered by Mightycause Fundraising Page, in conjunction with your participation in the Registered Charity’s fundraising events and activities, such as road races, bike-a-thons, etc.
Un-sponsored events: In creating a Charity Fundraiser you may in your sole discretion choose to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by the charity itself . You agree that neither Mightycause, nor Mightycause Charitable Foundation, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither Mightycause, nor Mightycause Charitable Foundation nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Registered Charity, unless you have the Charity’s express permission to do so.
Limited License and Acceptable Use
Mightycause hereby grants you a limited, non-exclusive license to create fundraisers on the GiveMN.org powered by Mightycause Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the GiveMN.org powered by Mightycause Website (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your fundraising page.
Premium Services
Mightycause offers several Premium services and plans to help organizations improve their online fundraising experiance. These plans and pricing may change from time-to-time at Mightycause's sole descretion. Payments for premium services made to Mightycause Corporation are non-refundable and such terms for which payments have been made may not be terminated nor will pro-rated refunds be provided. The subscribing organization must notify Mightycause at premium@mightycause.com prior to their renewal date as provided in the Premium services payment receipt and via their organization settings if they do not wish to renew their plan. The organization may also cancel their renewal via their organization pricing settings page. The organization will continue to have access to premium features until their renewal date. Mightycause may adjust the pricing of the subscription plan upon renewal with prior notice to the subscribing organization.
Donating on Mightycause
Tax-Deductible Contributions to Charitable Causes
Donations made on the GiveMN.org powered by Mightycause Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to Mightycause Charitable Foundation and are not refundable. The Mightycause Charitable Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code which maintains a donor-advised fund. A donor-advised fund (“DAF”) is defined by Congress as a public charity that receives completed gifts from donors while allowing them the privilege of advising on the distribution of their grant to other charities and charitable causes. Normally your donation to a Charitable Cause made through the Mightycause Website goes to and will be receipted by Mightycause Charitable Foundation as a donor-advised contribution. Mightycause Charitable Foundation makes every effort to honor donor advisements and is authorized to do so for advisements to public charities appearing on the Mightycause Website as Registered Charities. Occasionally, for specific fundraising events, Mightycause will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by Mightycause Charitable Foundation.
Giving Card Redemption
Redemption of a Giving Card represents an advisement for the regrant of funds that have been previously donated to Mightycause Charitable Foundation and can be used for contributions to Charitable Causes. Giving Cards cannot be used to donate to Personal Causes on the GiveMN.org powered by Mightycause Website. Giving Cards have no monetary value, are not refundable, and may not be sold. You acknowledge that the prohibitions on receiving any personal benefits described in these Terms, equally apply when redeeming a Giving Card or making any other advisement on the GiveMN.org powered by Mightycause Website.
Regranting and Disbursement Policy
It is Mightycause Charitable Foundation’s normal practice for donations made on the GiveMN.org to regrant 93.1% per advisement to the qualifying tax-exempt entity and/or cause advised, and to retain 6.9% for platform, technology, and credit card costs. A regrant to the advised charity and/or cause is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). Mightycause Charitable Foundation will retain an additional $5 per disbursement made via paper check, subject to a minimum check disbursement of $25.00 prior to the retained $5.00. To avoid the additional cost and minimums, we encourage advised charities to sign up for direct deposit (EFT) to their organization's bank account. Mightycause Charitable Foundation makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Mightycause Charitable Foundation must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Mightycause Charitable Foundation’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), Mightycause Charitable Foundation may select an alternate charity to receive your advised funds.
In certain instances, Mightycause Charitable Foundation may retain an additional percentage to support the efforts of the charity partner in conducting a giving event. Any additional retained percent will be disclosed on the FAQ page for the giving event and/or on the final checkout page prior to completing your donation. For more information please feel free to contact help@mightycause.com.
Refund and Chargeback Policy
In accordance with IRS regulations, the Mightycause Charitable Foundation enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include credit card Chargebacks and Gross Error transactions.
A Chargebacks transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The Mightycause Charitable Foundation staff will provide supporting documentation in an effort to resolve the Chargeback case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration or the cardholder continues to dispute the charge, the Foundation will accept the Chargeback transaction. Further, the Mightycause Charitable Foundation will, under its variance power authority, not regrant any funds to the advised organization that has a Chargeback. If the Chargeback funds have already been regranted to the advised organization, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is considered complete and unrestricted. However, the Mightycause Charitable Foundation will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Chargeback.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $1,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. The Mightycause Charitable Foundation retains sole authority to determine the exact criteria of a Gross Error transaction and to approve such reversals. A Gross Error transaction refund will only be considered if Mightycause Charitable Foundation has not yet regranted the funds to the designated organization (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the GiveMN.org powered by Mightycause Website. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. Mightycause may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the GiveMN.org powered by Mightycause Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Mightycause Charitable Foundation. Mightycause Charitable Foundation may only accept pure contributions and not part gift and part sale transactions.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The GiveMN.org powered by Mightycause Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and neither Mightycause nor Mightycause Charitable Foundation are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligations.
Donor Information
Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the GiveMN.org powered by Mightycause Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation . Unless you indicate at the time of making your donation that you would like to remain anonymous, we or Mightycause Charitable Foundation will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, your name, address, email, and transaction accounting details.
If you are a Registered Charity Admin or Fundraising Page Admin, donor information will be shared with you via a report accessible on your Registered Charity Page or Fundraising Page on the GiveMN.org powered by Mightycause Website.
If applicable, donor information will also be shared with organizations administering giving events in which the donor participates.
Mightycause Charitable Foundation Reporting
If you receive a regrant of funds from Mightycause Charitable Foundation, then you may request in writing a report from Mightycause Charitable Foundation of aggregate contributions received over the course of the calendar year within 10 business days after Mightycause Charitable Foundation receives the request. This information is also available online to all Registered Charities.
Mightycause Charitable Foundation Financial Information
Mightycause Charitable Foundation files the annual Form 990 with the Internal Revenue Service and has its financial statements audited annually by an independent certified public accountant. The IRS Form 990 and audited financial statement will be available on-line by clicking hereand upon request by emailing legal@mightycausefoundation.org.
Conduct and Content on Mightycause
Website Content and Intellectual Property
WEBSITE CONTENT
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the GiveMN.org powered by Mightycause Website and all Tools, and that is used by Mightycause or the Mightycause Charitable Foundation in conjunction with the services they are providing (other than User Content as defined in Section 15 below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the GiveMN.org powered by Mightycause Website (collectively, "Website Content"), are owned by Mightycause or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Mightycause or its licensors.
USE OF LOGOS
Unless (1) you have an appropriate license directly from the Registered Charity you cannot use the Featured Charity’s logos or stylized versions of its name (“Logos”) in your Fundraising Page, any other advertising in raising funds for the Featured Charity, and/or with any products or services. However, you may refer to the Registered Charity’s name solely in a generic “fair use” manner without using any of its Logos, or other trademarks.
MIGHTYCAUSE’S TRADEMARKS
Mightycause grants you a limited, non-exclusive, royalty-free license to use the trademark “Mightycause®” solely on your Fundraising Page for purposes of raising funds for your Featured Charity through the GiveMN.org powered by Mightycause Website. Mightycause reserves the right to monitor your use of its trademark “Mightycause®” and to require that you use it in conjunction with its quality control criteria or standards. Mightycause reserves the right to refuse or revoke permission to use the “Mightycause®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Mightycause’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment of Mightycause’s reputation or goodwill, and/or (e) jeopardy to Mightycause’s tax-exempt status. You may not incorporate any Mightycause or Mightycause Charitable Foundation trademark within any trademark, trade name, or domain name created by you.
REGISTERED CHARITY CONTENT
The GiveMN.org powered by Mightycause Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Mightycause permits you to use the GiveMN.org powered by Mightycause Website, the Tools, and the services provided by Mightycause and by Mightycause Charitable Foundation subject to your acknowledging and agreeing to the following conditions:
In creating and maintaining a Fundraising Page on the Website, you grant a limited, non-exclusive, royalty-free license to Mightycause and Mightycause Charitable Foundation to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Mightycause Charitable Foundation’s DAF on the Website. You further grant to Mightycause and Mightycause Charitable Foundation the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Mightycause and Mightycause Charitable Foundation. The foregoing license does not provide Mightycause or Mightycause Charitable Foundation any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Mightycause or Mightycause Charitable Foundation.
Registered Charity Content posted by you and other users of the Mightycause Website does not necessarily reflect the views of Mightycause or Mightycause Charitable Foundation.
Mightycause may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Mightycause’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Neither Mightycause nor Mightycause Charitable Foundation assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Mightycause Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Mightycause Website.
You agree that the Registered Charity Content will accurately describe that contributions made via the Mightycause Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Mightycause Charitable Foundation as completed gifts.
You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
Trademarks
REGISTERED CHARITY LICENSE TO MIGHTYCAUSE AND MIGHTYCAUSE CHARITABLE FOUNDATION
In creating and maintaining a Fundraising Page on the GiveMN.org powered by Mightycause Website, you agree to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to Mightycause and Mightycause Charitable Foundation to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting donor-advised contributions to Mightycause Charitable Foundation’s DAF on the Website. You further grant to Mightycause and Mightycause Charitable Foundation the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page. Mightycause and Mightycause Charitable Foundation acknowledge your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Mightycause and Mightycause Charitable Foundation inures to your benefit. Mightycause and Mightycause Charitable Foundation may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Mightycause or Mightycause Charitable Foundation.
MIGHTYCAUSE’S LICENSE TO YOU
Mightycause grants you a limited, non-exclusive, royalty-free license to display the trademark Mightycause ® and the Mightycause Logo® (the “Mightycause Trademarks”) solely on your Fundraising Page for purposes of raising funds through the GiveMN.org powered by Mightycause Website. You acknowledge the ownership of the Mightycause Trademarks by Mightycause, and all use of the Mightycause Trademarks by you inures to the benefit of Mightycause. You may not incorporate any Mightycause Trademark within any trademark, trade name, or domain name created by you.
MIGHTYCAUSE CHARITABLE FOUNDATION’S LICENSE TO YOU
Mightycause Charitable Foundation grants you a limited, non-exclusive, royalty-free license to display the trademark Mightycause Charitable Foundation™ (the “Mightycause Charitable Foundation Trademark”) solely on your Fundraising Page for purposes of raising funds through the Mightycause Website. You acknowledge the ownership of the Mightycause Charitable Foundation Trademark by Mightycause Charitable Foundation, and all use of the Mightycause Charitable Foundation Trademark by you inures to the benefit of Mightycause Charitable Foundation. You may not incorporate any Mightycause Charitable Foundation Trademark within any trademark, trade name, or domain name created by you.
Appropriate User Conduct
The services you are receiving from Mightycause (and the collaborative charitable services you may receive from the Mightycause Charitable Foundation) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the GiveMN.org powered by Mightycause Website for any commercial purpose, or for any other purpose without our prior written consent.
You may not use the services provided by Mightycause and the Foundation or the Mightycause Website for any illegal or unauthorized purpose. While using the GiveMN.org powered by Mightycause Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Appropriate User Content
The GiveMN.org powered by Mightycause Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Mightycause permits you to use the GiveMN.org powered by Mightycause Website, the Tools, and the services provided by Mightycause and by the Foundation subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the GiveMN.org powered by Mightycause Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Mightycause does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the GiveMN.org powered by Mightycause Website. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of contributions made via the GiveMN.org powered by Mightycause Website.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the GiveMN.org powered by Mightycause Website
You agree not to:
advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Mightycause Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
upload, post or distribute any User Content which, in Mightycause's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
You agree not to engage in any conduct that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including Mightycause, Mightycause Charitable Foundation, or its employees and agents;
violates these Terms or any other policy posted on the GiveMN.org powered by Mightycause Website; or
interferes with others’ use of the GiveMN.org powered by Mightycause Website or the services provided by Mightycause and the Foundation.
By posting, uploading or otherwise sharing your User Content on the GiveMN.org powered by Mightycause Website, you:
grant to Mightycause and Mightycause Charitable Foundation a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the GiveMN.org powered by Mightycause Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
permit, but not require, Mightycause to identify you as the provider of such User Content;
represent and warrant that you have all necessary rights to grant the foregoing permissions; and
grant to Mightycause and Mightycause Charitable Foundation and other users of the GiveMN.org powered by Mightycause Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
You agree that Mightycause and Mightycause Charitable Foundation have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the GiveMN.org powered by Mightycause Website.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the GiveMN.org powered by Mightycause Website that:
contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Mightycause Website;
constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Mightycause hereby serves the following DMCA/OCILL Notice to users of the services provided by Mightycause and by the Foundation or Mightycause Website that:
Mightycause has designated an agent to receive notices from copyright owners about alleged infringements by users of the Mightycause Website and send notices to the Mightycause Website users who post or send allegedly infringing material;
Mightycause has registered the Mightycause Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
Mightycause has adopted a policy of terminating access to the Mightycause Website by users who are repeat copyright infringers;
Mightycause accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
Upon receiving proper notification of an alleged infringement by a Mightycause Website user, Mightycause shall expeditiously take down or block access to the copyrighted material; and
Mightycause has designated the following person to serve as Mightycause’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
- Mightycause has designated the following person to serve as Mightycause’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
Name: Mightycause Corporation, Attn: Copyrighty Compliance
Address: P.O. Box 160, Marianna, FL 32447
Telephone number: 1-866-437-1952
E-mail address: copyright@mightycause.com
Additional Legal Provisions
Disclaimer of Warranties
The Mightycause Website and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Mightycause Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Mightycause hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Mightycause is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
Liability Limitation
YOU AGREE THAT NEITHER MIGHTYCAUSE, MIGHTYCAUSE CHARITABLE FOUNDATION, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE MIGHTYCAUSE WEBSITE OR THE SERVICES PROVIDED BY MIGHTYCAUSE AND BY THE FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE MIGHTYCAUSE WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE MIGHTYCAUSE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Hold Harmless and Indemnity
Your use of the services provided by Mightycause and by the Foundation is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Mightycause or by the Foundation, or the Mightycause Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Links to Other Websites and Content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Mightycause Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Changes to Services, Website, and the Terms of Use
We reserve the right to modify or terminate the services you are receiving from Mightycause (and the collaborative charitable services you are receiving from the Foundation) or the Mightycause Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Mightycause Website. When you first register a user account through the Mightycause Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Mightycause Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
Notices
Mightycause may provide you with notices regarding the services provided by Mightycause and by the Foundation, the Mightycause Website, or these Terms by regular mail, email, or postings to the Mightycause Website.
International Use
The Mightycause Website is controlled and operated from within the United States. Mightycause makes no representation that the Mightycause Website is appropriate or available in locations outside the United States. Those who choose to access the Mightycause Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Term and Termination
These Terms apply to your use of the services provided by Mightycause and the Foundation and the Mightycause Website at all times. Mightycause reserves the right to change the Mightycause Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing support@mightycause.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Mightycause Website immediately ceases.
Mightycause reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Mightycause Website and/or remove any registration information or User Content from the Mightycause Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Mightycause also reserves the right to change the Mightycause Website without notice to you, at any time.
Consequences of Termination for Registered Charities
Within four (4) weeks after termination of these Terms of Use, Mightycause will cease promoting contributions to Mightycause Charitable Foundation advised for re-grant to you; remove your Fundraising Page(s) and all information relating to you from the Mightycause Website; provide a final account statement; and regrant any remaining balance of contributions previously advised to your benefit.
Miscellaneous
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Mightycause’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
These Terms shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Mightycause Website shall be litigated or otherwise heard in the state or federal courts located in the Eastern District Court of Virginia and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
Mightycause may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
Contact
For questions about these Terms of Use please contact us at: help@mightycause.com
Mightycause Terms of Use
Terms of Use
LAST UPDATED AUGUST, 20 2018
Summary
Welcome to the GiveMN.org powered by Mightycause Website, operated by Mightycause Corporation (“Mightycause,” “we,”, or “us”). By using the GiveMN.org powered by Mightycause Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Mightycause or Mightycause Charitable Foundation (formerly Razoo Foundation) from time to time by posting from a link on the GiveMN.org powered by Mightycause Website. You agree to be bound by such revised terms as they may be posted from to time and that you are 13 years of age or older. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the GiveMN.org powered by Mightycause Website.
Who We Are
Mightycause Corporation
For twelve great years, "Razoo" operated as a donation website for underfunded nonprofits and people in need, to lift up themselves and each other. We've seen the change that you can make happen. Over $600 million has been raised for causes that matter; from big multi-million dollar, community-led Giving Days, to everyday people collecting donations for those in need or on behalf of their favorite causes. We know the ins and outs of online fundraising, and we know where it's headed. The way you raise funds is evolving, and so are we. Mightycause has taken what we've learned from our amazing user base and grown into a refreshing fundraising platform that empowers organizations, showcases the generosity of communities, bolsters teamwork, gives individuals a voice, and provides a place to share what you support. We are the forefront of function, experience, and style, and are committed to building you the best and boldest technologies in fundraising for the decades to come. Mightycause is headquartered in Alexandria, VA and is management owned and operated.
Mightycause Charitable Foundation
Mightycause Charitable Foundation is a registered 501(c)(3) nonprofit which operates a donor advised fund to handle donor advised contributions made using the Mightycause website. Its mission is to foster the democratizing of philanthropy and promote high volume fundraising and grantmaking by providing cost-efficient e-solutions for charitable giving that widely benefit the charitable sector. By using innovative technology, it provides secure donation processing to its donors. As a cornerstone to fostering and facilitating fundraising and grantmaking, Mightycause Charitable Foundation educates both the donor public and charitable sector about e-philanthropy and supports the growth and positive reputation of e-philanthropy. It’s educational services will eventually span the globe through research, white papers, charity surveys, and philanthropic compendiums.
Eligibility and Registration
If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option at any time via your profile settings).
You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing help@mightycause.com.
If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter at any time by clicking the unsubscribe link on the newsletter email.
This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Mightycause Website.
Fundraising on Mightycause
Registered Charities and Administrative Access
The GiveMN.org powered by Mightycause Website contains pages featuring hundreds of thousands of charities and other qualifying tax-exempt organizations registered in Mightycause Charitable Foundation's database as pre-approved to receive regrants of donor-advised contributions given to Mightycause Charitable Foundation's donor advised fund (“Registered Charities”). The existence of these pages on the GiveMN.org powered by Mightycause Website does not constitute as solicitation of donations; Mightycause does not engage in any solicitation activities on behalf of any Registered Charity. If you are affiliated with one of these charities, you may register to claim Administrative Access to the page featuring your organization. Your user account with Administrative Access will allow you to function as the page admin of the Registered Charity, and thereby allowing you to create fundraisers connection with your organization (“Projects of Registered Charities”), update content on the Registered Charity page, and access donation and regrant reports for the charity. Additionally, should a Donor provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.
By claiming Administrative Access for a Registered Charity, you agree that:
You have authority to represent the Registered Charity in completing this registration
You will provide true, accurate, and complete information through the GiveMN.org powered by Mightycause Website.
You are solely liable and responsible for all actions taken via your user account.
You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the GiveMN.org powered by Mightycause Website.
You do not have authority to act on behalf of, speak for, or obligate Mightycause, or Mightycause Charitable Foundation in any manner, except to use authorized Mightycause online tools and materials to raise funds through the GiveMN.org powered by Mightycause Website.
Creating Fundraisers
As a registered user, you may use the GiveMN.org powered by Mightycause Website to fundraise for a cause of your choosing. Your fundraiser may be created to support a Registered Charity, (a “Charity Fundraiser”). In creating any Fundraiser through our service:
You agree to provide true, accurate, and complete information.
You agree that you are solely liable and responsible for all actions taken under your user account.
You agree that you do not have authority to act on behalf of, speak for, or obligate Mightycause, or Mightycause Charitable Foundation in any manner, except to use authorized Mightycause online tools and materials to raise funds through the GiveMN.org powered by Mightycause Website.
Children under the age of 13 must have a parent or guardian register in his or her own name and ensure that the child's participation as a Fundraiser complies with these Terms and is under the parent or guardian’s control and supervision. The parent or guardian shall be solely liable for the child's actions in relation to fundraising on the GiveMN.org powered by Mightycause Website. Children between the ages of 13 and 17 (inclusive) may fundraiser only with the permission of a parent or guardian. If you are between the ages of 13 and 17, by creating a Fundraiser, you acknowledge that you have your parent or guardian’s permission.
Special Rules for Charity Fundraisers
You agree and acknowledge that if you create a Charity Fundraiser, you are fundraising on the GiveMN.org powered by Mightycause Website solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities you conduct on the GiveMN.org powered by Mightycause Website.
You agree to accurately promote any charity events or activities in accordance with these Terms.
You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.
Acceptable Promotion of Charity Fundraising Events and Activities
Charity-sponsored events: You may promote fundraising events and activities that are organized, sponsored, or approved by a Registered Charity on your Fundraising Page. For instance, you may ask your friends to donate to the Registered Charity, through your GiveMN.org powered by Mightycause Fundraising Page, in conjunction with your participation in the Registered Charity’s fundraising events and activities, such as road races, bike-a-thons, etc.
Un-sponsored events: In creating a Charity Fundraiser you may in your sole discretion choose to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by the charity itself . You agree that neither Mightycause, nor Mightycause Charitable Foundation, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither Mightycause, nor Mightycause Charitable Foundation nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Registered Charity, unless you have the Charity’s express permission to do so.
Limited License and Acceptable Use
Mightycause hereby grants you a limited, non-exclusive license to create fundraisers on the GiveMN.org powered by Mightycause Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the GiveMN.org powered by Mightycause Website (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your fundraising page.
Premium Services
Mightycause offers several Premium services and plans to help organizations improve their online fundraising experiance. These plans and pricing may change from time-to-time at Mightycause's sole descretion. Payments for premium services made to Mightycause Corporation are non-refundable and such terms for which payments have been made may not be terminated nor will pro-rated refunds be provided. The subscribing organization must notify Mightycause at premium@mightycause.com prior to their renewal date as provided in the Premium services payment receipt and via their organization settings if they do not wish to renew their plan. The organization may also cancel their renewal via their organization pricing settings page. The organization will continue to have access to premium features until their renewal date. Mightycause may adjust the pricing of the subscription plan upon renewal with prior notice to the subscribing organization.
Donating on Mightycause
Tax-Deductible Contributions to Charitable Causes
Donations made on the GiveMN.org powered by Mightycause Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to Mightycause Charitable Foundation and are not refundable. The Mightycause Charitable Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code which maintains a donor-advised fund. A donor-advised fund (“DAF”) is defined by Congress as a public charity that receives completed gifts from donors while allowing them the privilege of advising on the distribution of their grant to other charities and charitable causes. Normally your donation to a Charitable Cause made through the Mightycause Website goes to and will be receipted by Mightycause Charitable Foundation as a donor-advised contribution. Mightycause Charitable Foundation makes every effort to honor donor advisements and is authorized to do so for advisements to public charities appearing on the Mightycause Website as Registered Charities. Occasionally, for specific fundraising events, Mightycause will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by Mightycause Charitable Foundation.
Giving Card Redemption
Redemption of a Giving Card represents an advisement for the regrant of funds that have been previously donated to Mightycause Charitable Foundation and can be used for contributions to Charitable Causes. Giving Cards cannot be used to donate to Personal Causes on the GiveMN.org powered by Mightycause Website. Giving Cards have no monetary value, are not refundable, and may not be sold. You acknowledge that the prohibitions on receiving any personal benefits described in these Terms, equally apply when redeeming a Giving Card or making any other advisement on the GiveMN.org powered by Mightycause Website.
Regranting and Disbursement Policy
It is Mightycause Charitable Foundation’s normal practice for donations made on the GiveMN.org to regrant 93.1% per advisement to the qualifying tax-exempt entity and/or cause advised, and to retain 6.9% for platform, technology, and credit card costs. A regrant to the advised charity and/or cause is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). Mightycause Charitable Foundation will retain an additional $5 per disbursement made via paper check, subject to a minimum check disbursement of $25.00 prior to the retained $5.00. To avoid the additional cost and minimums, we encourage advised charities to sign up for direct deposit (EFT) to their organization's bank account. Mightycause Charitable Foundation makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Mightycause Charitable Foundation must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Mightycause Charitable Foundation’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), Mightycause Charitable Foundation may select an alternate charity to receive your advised funds.
In certain instances, Mightycause Charitable Foundation may retain an additional percentage to support the efforts of the charity partner in conducting a giving event. Any additional retained percent will be disclosed on the FAQ page for the giving event and/or on the final checkout page prior to completing your donation. For more information please feel free to contact help@mightycause.com.
Refund and Chargeback Policy
In accordance with IRS regulations, the Mightycause Charitable Foundation enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include credit card Chargebacks and Gross Error transactions.
A Chargebacks transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The Mightycause Charitable Foundation staff will provide supporting documentation in an effort to resolve the Chargeback case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration or the cardholder continues to dispute the charge, the Foundation will accept the Chargeback transaction. Further, the Mightycause Charitable Foundation will, under its variance power authority, not regrant any funds to the advised organization that has a Chargeback. If the Chargeback funds have already been regranted to the advised organization, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is considered complete and unrestricted. However, the Mightycause Charitable Foundation will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Chargeback.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $1,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. The Mightycause Charitable Foundation retains sole authority to determine the exact criteria of a Gross Error transaction and to approve such reversals. A Gross Error transaction refund will only be considered if Mightycause Charitable Foundation has not yet regranted the funds to the designated organization (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the GiveMN.org powered by Mightycause Website. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. Mightycause may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the GiveMN.org powered by Mightycause Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Mightycause Charitable Foundation. Mightycause Charitable Foundation may only accept pure contributions and not part gift and part sale transactions.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The GiveMN.org powered by Mightycause Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and neither Mightycause nor Mightycause Charitable Foundation are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligations.
Donor Information
Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the GiveMN.org powered by Mightycause Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation . Unless you indicate at the time of making your donation that you would like to remain anonymous, we or Mightycause Charitable Foundation will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, your name, address, email, and transaction accounting details.
If you are a Registered Charity Admin or Fundraising Page Admin, donor information will be shared with you via a report accessible on your Registered Charity Page or Fundraising Page on the GiveMN.org powered by Mightycause Website.
If applicable, donor information will also be shared with organizations administering giving events in which the donor participates.
Mightycause Charitable Foundation Reporting
If you receive a regrant of funds from Mightycause Charitable Foundation, then you may request in writing a report from Mightycause Charitable Foundation of aggregate contributions received over the course of the calendar year within 10 business days after Mightycause Charitable Foundation receives the request. This information is also available online to all Registered Charities.
Mightycause Charitable Foundation Financial Information
Mightycause Charitable Foundation files the annual Form 990 with the Internal Revenue Service and has its financial statements audited annually by an independent certified public accountant. The IRS Form 990 and audited financial statement will be available on-line by clicking hereand upon request by emailing legal@mightycausefoundation.org.
Conduct and Content on Mightycause
Website Content and Intellectual Property
WEBSITE CONTENT
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the GiveMN.org powered by Mightycause Website and all Tools, and that is used by Mightycause or the Mightycause Charitable Foundation in conjunction with the services they are providing (other than User Content as defined in Section 15 below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the GiveMN.org powered by Mightycause Website (collectively, "Website Content"), are owned by Mightycause or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Mightycause or its licensors.
USE OF LOGOS
Unless (1) you have an appropriate license directly from the Registered Charity you cannot use the Featured Charity’s logos or stylized versions of its name (“Logos”) in your Fundraising Page, any other advertising in raising funds for the Featured Charity, and/or with any products or services. However, you may refer to the Registered Charity’s name solely in a generic “fair use” manner without using any of its Logos, or other trademarks.
MIGHTYCAUSE’S TRADEMARKS
Mightycause grants you a limited, non-exclusive, royalty-free license to use the trademark “Mightycause®” solely on your Fundraising Page for purposes of raising funds for your Featured Charity through the GiveMN.org powered by Mightycause Website. Mightycause reserves the right to monitor your use of its trademark “Mightycause®” and to require that you use it in conjunction with its quality control criteria or standards. Mightycause reserves the right to refuse or revoke permission to use the “Mightycause®” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Mightycause’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment of Mightycause’s reputation or goodwill, and/or (e) jeopardy to Mightycause’s tax-exempt status. You may not incorporate any Mightycause or Mightycause Charitable Foundation trademark within any trademark, trade name, or domain name created by you.
REGISTERED CHARITY CONTENT
The GiveMN.org powered by Mightycause Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Mightycause permits you to use the GiveMN.org powered by Mightycause Website, the Tools, and the services provided by Mightycause and by Mightycause Charitable Foundation subject to your acknowledging and agreeing to the following conditions:
In creating and maintaining a Fundraising Page on the Website, you grant a limited, non-exclusive, royalty-free license to Mightycause and Mightycause Charitable Foundation to display the Registered Charity Content that you upload on the Fundraising Page for the exclusive purpose of promoting you and soliciting donor-advised contributions to Mightycause Charitable Foundation’s DAF on the Website. You further grant to Mightycause and Mightycause Charitable Foundation the right to sublicense the Registered Charity Content to volunteer fundraisers solely for the limited purpose of using the Registered Charity Content to highlight the Registered Charity on the Fundraising Page, including the right to access, display, view, store, and/or download the Registered Charity Content, and post or forward the Registered Charity Content to others. You represent and warrant that you have the necessary rights to grant the foregoing permissions to Mightycause and Mightycause Charitable Foundation. The foregoing license does not provide Mightycause or Mightycause Charitable Foundation any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of Mightycause or Mightycause Charitable Foundation.
Registered Charity Content posted by you and other users of the Mightycause Website does not necessarily reflect the views of Mightycause or Mightycause Charitable Foundation.
Mightycause may, but is not obligated to, remove with or without prior notice to you any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any Party’s intellectual property or other proprietary rights, or in violation of this Agreement. Mightycause’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
The posting of Registered Charity Content on a Fundraising Page is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. Neither Mightycause nor Mightycause Charitable Foundation assume responsibility for the accuracy of any information, ideas or opinions posted by you or other users of the Mightycause Website and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the Mightycause Website.
You agree that the Registered Charity Content will accurately describe that contributions made via the Mightycause Website, although donor-advised for the benefit of a specified qualifying charitable organization, are given to Mightycause Charitable Foundation as completed gifts.
You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.
Trademarks
REGISTERED CHARITY LICENSE TO MIGHTYCAUSE AND MIGHTYCAUSE CHARITABLE FOUNDATION
In creating and maintaining a Fundraising Page on the GiveMN.org powered by Mightycause Website, you agree to grant for up to 45 days following termination a limited, non-exclusive, royalty-free license to Mightycause and Mightycause Charitable Foundation to display the trademarks, trade names, and logos (“Registered Charity Trademarks”) that you upload on the Fundraising Page for the exclusive purpose of highlighting your work and soliciting donor-advised contributions to Mightycause Charitable Foundation’s DAF on the Website. You further grant to Mightycause and Mightycause Charitable Foundation the right to sublicense the Registered Charity Trademarks to Volunteer Fundraisers solely for the limited purpose of highlighting the Registered Charity on the Fundraising Page. Mightycause and Mightycause Charitable Foundation acknowledge your ownership of the Registered Charity Trademarks, and all use of the Registered Charity Trademarks by Mightycause and Mightycause Charitable Foundation inures to your benefit. Mightycause and Mightycause Charitable Foundation may not incorporate any Registered Charity Trademarks within any trademark, trade name, or domain name created by Mightycause or Mightycause Charitable Foundation.
MIGHTYCAUSE’S LICENSE TO YOU
Mightycause grants you a limited, non-exclusive, royalty-free license to display the trademark Mightycause ® and the Mightycause Logo® (the “Mightycause Trademarks”) solely on your Fundraising Page for purposes of raising funds through the GiveMN.org powered by Mightycause Website. You acknowledge the ownership of the Mightycause Trademarks by Mightycause, and all use of the Mightycause Trademarks by you inures to the benefit of Mightycause. You may not incorporate any Mightycause Trademark within any trademark, trade name, or domain name created by you.
MIGHTYCAUSE CHARITABLE FOUNDATION’S LICENSE TO YOU
Mightycause Charitable Foundation grants you a limited, non-exclusive, royalty-free license to display the trademark Mightycause Charitable Foundation™ (the “Mightycause Charitable Foundation Trademark”) solely on your Fundraising Page for purposes of raising funds through the Mightycause Website. You acknowledge the ownership of the Mightycause Charitable Foundation Trademark by Mightycause Charitable Foundation, and all use of the Mightycause Charitable Foundation Trademark by you inures to the benefit of Mightycause Charitable Foundation. You may not incorporate any Mightycause Charitable Foundation Trademark within any trademark, trade name, or domain name created by you.
Appropriate User Conduct
The services you are receiving from Mightycause (and the collaborative charitable services you may receive from the Mightycause Charitable Foundation) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the GiveMN.org powered by Mightycause Website for any commercial purpose, or for any other purpose without our prior written consent.
You may not use the services provided by Mightycause and the Foundation or the Mightycause Website for any illegal or unauthorized purpose. While using the GiveMN.org powered by Mightycause Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Appropriate User Content
The GiveMN.org powered by Mightycause Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Mightycause permits you to use the GiveMN.org powered by Mightycause Website, the Tools, and the services provided by Mightycause and by the Foundation subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the GiveMN.org powered by Mightycause Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Mightycause does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the GiveMN.org powered by Mightycause Website. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of contributions made via the GiveMN.org powered by Mightycause Website.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the GiveMN.org powered by Mightycause Website
You agree not to:
advertise or sell any goods or service. This includes your agreeing not to upload to, post, share, or otherwise publish through the Mightycause Website any content that is commercial in nature, including but not limited to promotional material, advertising, or solicitation for goods or services (other than materials that directly further your charitable fundraising);
operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
upload, post or distribute any User Content which, in Mightycause's sole determination, is false, indecent, defamatory, disparaging to the reputation of any individual or business, obscene, offensive, threatening, profane, harmful to minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, violent, tasteless, denigrating, insensitive, pornographic or sexually oriented, or otherwise objectionable, or would constitute or encourage a criminal offense or other illegal activity, and/or violate the rights of any party or any law;
You agree not to engage in any conduct that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or offensive descriptions of sexual matters;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, business or entity, including Mightycause, Mightycause Charitable Foundation, or its employees and agents;
violates these Terms or any other policy posted on the GiveMN.org powered by Mightycause Website; or
interferes with others’ use of the GiveMN.org powered by Mightycause Website or the services provided by Mightycause and the Foundation.
By posting, uploading or otherwise sharing your User Content on the GiveMN.org powered by Mightycause Website, you:
grant to Mightycause and Mightycause Charitable Foundation a perpetual, non-exclusive, royalty-free, license to use the User Content for all purposes in furtherance of its purpose and mission, including but not limited to: displaying on the GiveMN.org powered by Mightycause Website, sublicensing to a Featured Charity, creating derivative works based on the User Content, and/or other uses for promoting a Featured Charity;
permit, but not require, Mightycause to identify you as the provider of such User Content;
represent and warrant that you have all necessary rights to grant the foregoing permissions; and
grant to Mightycause and Mightycause Charitable Foundation and other users of the GiveMN.org powered by Mightycause Website the right to access, display, view, store, and/or download such User Content, and post or forward such User Content to others.
You agree that Mightycause and Mightycause Charitable Foundation have no liability or responsibility for the storage or deletion of any User Content that you submit or post, or emails you send through the GiveMN.org powered by Mightycause Website.
You also agree not to upload, distribute, or otherwise publish any User Content to or through the GiveMN.org powered by Mightycause Website that:
contain any virus, spyware, worm, Trojan horse, or other computer malware, or post any other materials that may damage the operation of a computer;
uses any means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Mightycause Website;
constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement, or the like;
promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters or the like;
contain any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission.
Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Mightycause hereby serves the following DMCA/OCILL Notice to users of the services provided by Mightycause and by the Foundation or Mightycause Website that:
Mightycause has designated an agent to receive notices from copyright owners about alleged infringements by users of the Mightycause Website and send notices to the Mightycause Website users who post or send allegedly infringing material;
Mightycause has registered the Mightycause Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;
Mightycause has adopted a policy of terminating access to the Mightycause Website by users who are repeat copyright infringers;
Mightycause accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;
Upon receiving proper notification of an alleged infringement by a Mightycause Website user, Mightycause shall expeditiously take down or block access to the copyrighted material; and
Mightycause has designated the following person to serve as Mightycause’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
- Mightycause has designated the following person to serve as Mightycause’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
Name: Mightycause Corporation, Attn: Copyrighty Compliance
Address: P.O. Box 160, Marianna, FL 32447
Telephone number: 1-866-437-1952
E-mail address: copyright@mightycause.com
Additional Legal Provisions
Disclaimer of Warranties
The Mightycause Website and Tools are provided to you "as is" without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Mightycause Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Mightycause hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. Mightycause is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.
Liability Limitation
YOU AGREE THAT NEITHER MIGHTYCAUSE, MIGHTYCAUSE CHARITABLE FOUNDATION, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE MIGHTYCAUSE WEBSITE OR THE SERVICES PROVIDED BY MIGHTYCAUSE AND BY THE FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE MIGHTYCAUSE WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE MIGHTYCAUSE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Hold Harmless and Indemnity
Your use of the services provided by Mightycause and by the Foundation is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Mightycause or by the Foundation, or the Mightycause Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Links to Other Websites and Content
We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Mightycause Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Changes to Services, Website, and the Terms of Use
We reserve the right to modify or terminate the services you are receiving from Mightycause (and the collaborative charitable services you are receiving from the Foundation) or the Mightycause Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Mightycause Website. When you first register a user account through the Mightycause Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Mightycause Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
Notices
Mightycause may provide you with notices regarding the services provided by Mightycause and by the Foundation, the Mightycause Website, or these Terms by regular mail, email, or postings to the Mightycause Website.
International Use
The Mightycause Website is controlled and operated from within the United States. Mightycause makes no representation that the Mightycause Website is appropriate or available in locations outside the United States. Those who choose to access the Mightycause Website from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.
Term and Termination
These Terms apply to your use of the services provided by Mightycause and the Foundation and the Mightycause Website at all times. Mightycause reserves the right to change the Mightycause Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing support@mightycause.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Mightycause Website immediately ceases.
Mightycause reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Mightycause Website and/or remove any registration information or User Content from the Mightycause Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Mightycause also reserves the right to change the Mightycause Website without notice to you, at any time.
Consequences of Termination for Registered Charities
Within four (4) weeks after termination of these Terms of Use, Mightycause will cease promoting contributions to Mightycause Charitable Foundation advised for re-grant to you; remove your Fundraising Page(s) and all information relating to you from the Mightycause Website; provide a final account statement; and regrant any remaining balance of contributions previously advised to your benefit.
Miscellaneous
These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.
You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Mightycause’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties' respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.
These Terms shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Mightycause Website shall be litigated or otherwise heard in the state or federal courts located in the Eastern District Court of Virginia and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
Mightycause may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
Contact
For questions about these Terms of Use please contact us at: help@mightycause.com