DONOR TERMS AND CONDITIONS
Last Updated: October 7, 2024
These Donor Terms and Conditions (“Agreement”) apply to your access and use of the philanthropic advising and other services (“Services”) offered by GiveTeam, PBC (“GiveTeam”). By: (a) clicking a checkbox or button indicating your acceptance of this Agreement; or (b) submitting your Client Intake Form to GiveTeam and/or actually using the Services, you hereby agree to the terms of this Agreement. This Agreement is effective as of the date you accept this Agreement. If you are a financial advisor accepting this Agreement on behalf of your client, you represent that you are an agent of your client and have the authority to bind your client to this Agreement. If you do not have such authority or do not agree with the terms and conditions of this Agreement, then you must not accept this Agreement and may not use the Services. Though your access and use of the Services is governed by the Agreement effective at the time, please note that we may revise and update these Donor Terms and Conditions from time to time in our discretion. Changes to the Donor Terms and Conditions are effective when they are posted on this page. You acknowledge and agree that your continued use of our Services after we publish our changes to the Donor Terms and Conditions represents your acceptance of such changes.
You agree to provide all information requested by GiveTeam, including but not limited to completing the Client Intake Form provided by GiveTeam, in connection with the Services provided by GiveTeam. You hereby authorize GiveTeam to (a) share (i) the information you provide to GiveTeam on the Client Intake Form and (ii) any philanthropic planning information, including but not limited to any information disclosed by you in conversations with GiveTeam (collectively (i) and (ii) are referred to as “Philanthropy Data”) with your financial advisor; (b) collect and store your Philanthropy Data for GiveTeam’s business purposes, including without limitation for purposes such as to develop your GiveTeam Donor Profile™ and to select nonprofits that may align with your personal and philanthropic goals; (c) combine and aggregate your Philanthropy Data with other data in an anonymized manner and share such anonymized Philanthropy Data with other thought partners in order to contribute to knowledge in the sector about general donor trends and behaviors; and (d) collect other data about your usage of the Services, provided that such usage data is anonymized and does not identify you individually. You understand and agree that GiveTeam’s obligation to provide the Services is dependent on (and will require) you to provide Philanthropy Data as requested in a timely manner. GiveTeam (or its licensors, where applicable) owns all intellectual property rights in and to the Services together with any suggestions, ideas, enhancement requests, and other feedback information provided by or on behalf of you.
You may only use the Services (any recommendations or deliverables provided in connection with the Services) to inform your charitable giving strategy in order to determine how to allocate your charitable dollars in furtherance of the social good and positive new impact (“Permitted Purpose”). You shall not (and shall not permit, assist or encourage others to) use the Services (or any recommendations or deliverables provided in connection with the Services) to: (a) use the Services for personal or non-charitable purposes, (b) engage in any activity that incites or encourages violence or hatred against individuals or groups; (c) engage in or provide material support to any unlawful activity; (d) send advertising or promotional material, unsolicited communications, promotions or advertisements, or spam; (e) create services or products that competes with the Services; (f) engage in machine learning purposes or to compile or create any database based on data, information, or recommendations made available through the Services.
You may authorize one other adult in your household (“Household Partner”) to access and use the Services provided to you. In such cases, other than as used in this Section 3, any references to “you” and “your” in this Agreement will be deemed references to both you and your Household Partner. You and your Household Partner will be jointly and severally liable for compliance with this Agreement. As between GiveTeam and you, you accept full liability and responsibility for the acts and omissions of your Household Partner.
Unless you are accessing the Services as a Financial Advisor (FA) Client, you shall pay GiveTeam the “Donor Fee” (amount as listed on your invoice), which payment is due upon receipt of invoice. The Donor Fee is non-refundable. “FA Client” means a client designated by one of our financial advisor partners.
GiveTeam may immediately suspend your access to the Services if (a) you fail to pay the Donor Fee, as applicable; (b) if GiveTeam has a reasonable belief that you have violated or will violate Section 2 above; or (c) GiveTeam determines, in good faith, that your actions are likely to damage or cause legal liability for GiveTeam, its suppliers, or other clients. GiveTeam shall reinstate your access to the Services once GiveTeam reasonably believes you have corrected the action that first led to such suspension. Any suspension by GiveTeam of the Services under the preceding sentence will not relieve you of your payment obligations under this Agreement or entitle you to any refund.
You understand and agree that any nonprofits presented by GiveTeam (“Customized Giving Opportunities™ List”) are based on Philanthropy Data, including information shared by you regarding your giving priorities. The Customized Giving Opportunities™ List is sourced from local community foundations, local giving circles, local donor groups, organizations flagged by community members and local leaders as priority organizations to support. We consider the funders’ strategic grantmaking priorities and processes when reviewing nonprofits. We use commercially reasonable efforts to confirm the organizations we share with you are in good standing with the IRS and not on the OFAC watch list. This includes reviewing nonprofit profiles on GuideStar and other nonprofit websites as we consider and evaluate nonprofit organizations. While the Customized Giving Opportunities™ List may be a starting point, you understand and agree that you are solely responsible for (and releases, waives, forever discharges and holds harmless GiveTeam with respect to any liability from) conducting any further due diligence on grantees and that you are solely responsible for your own funding decisions and outcomes. You hereby release, waive and forever discharge (and will hold harmless) GiveTeam from any liability related to your funding decisions and outcomes. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GIVETEAM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, GIVETEAM MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS, RECOMMENDATIONS, OR DELIVERABLES PROVIDED IN CONNECTION WITH THE SERVICES OR THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE OR ERROR FREE. WITHOUT LIMITING THE FOREGOING, GIVETEAM MAKES NO WARRANTY OF ANY KIND REGARDING RECOMMENDED NONPROFIT ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO ELIGIBILITY OR SUITABILITY OF SUCH ORGANIZATIONS, GRANTMAKING DECISIONS BY YOU OR THE OUTCOMES OR IMPACT OF ANY GRANTS.
IN NO EVENT WILL GIVETEAM OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, AND REGARDLESS OF WHETHER SUCH PARTY OR ITS AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GIVETEAM’S AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, EXCEED FIFTY DOLLARS ($50 USD).
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS YOU AND GIVETEAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GIVETEAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
You represent and warrant that you have the full and exclusive right and authority to enter into this agreement and to grant the rights granted hereunder, on behalf of yourself and/or the person(s) you represent. You further represent and warrant that (a) you will provide only true and correct information in connection with the Services, (b) the performance of your obligations under this Agreement will not conflict with or violate any contract or agreement with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required, and (c) you may only access and use the Services for the Permitted Purpose. This Agreement shall be governed by the laws of the State of California, and any controversies or disputes arising out of or relating to this agreement shall be resolved exclusively in the courts located in Santa Clara County. You hereby consent to the personal jurisdiction of such courts. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. A party does not waive any right under this Agreement by failing to insist on compliance with any of the terms of this Agreement or by failing to exercise any right hereunder. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver. This Agreement constitutes the complete and final agreement of the parties pertaining to the Services and supersede the parties’ prior agreements, understandings and discussions relating to the Services.