Terms of Use

Last updated on 08/23/2018

THE FOLLOWING TERMS AND CONDITIONS, TOGETHER WITH ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE (COLLECTIVELY, THESE “TERMS OF USE” ), ARE ENTERED INTO BY AND BETWEEN YOU INDIVIDUALLY, IF YOU ARE AGREEING IN YOUR PERSONAL CAPACITY, OR IF YOU ARE AUTHORIZED TO ACT ON BEHALF OF A COMPANY, ORGANIZATION OR OTHER ENTITY, THE ENTITY ON BEHALF OF WHICH YOU ACT, AND GIVE LIVELY, LLC ( “GIVE LIVELY”, “WE”, OR “US” ), AND GOVERN YOUR ACCESS TO AND USE OF OUR ONLINE PLATFORM, INCLUDING BUT NOT LIMITED TO WWW.GIVELIVELY.ORG, WWW.SMALLTOKEN.ORG AND OTHER WEBSITES OR MOBILE APPLICATIONS (THE “PLATFORM” ), AND ANY PRODUCT AND SERVICES OFFERED BY GIVE LIVELY, INCLUDING BUT NOT LIMITED TO THE ABILITY FOR A USER TO MAKE, AND FOR A NONPROFIT TO RECEIVE, DONATIONS AND OTHER CHARITABLE GIFTS THROUGH THE PLATFORM, WHETHER DIRECTLY OR INDIRECTLY (E.G. THROUGH THE TEXT-TO-DONATE FEATURE) (THE “SERVICES” ). THESE TERMS OF USE APPLY TO YOUR ACCESS AND USE OF THE PLATFORM AND SERVICES WHETHER AS A GUEST OR A REGISTERED USER (INCLUDING AS AN AUTHORIZED PERSON OF A NONPROFIT SUBSCRIBED TO THE PLATFORM).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START USING THE PLATFORM. BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT GIVELIVELY.ORG/PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.

THE PLATFORM AND SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU ARE ONLY PERMITTED TO USE THE SERVICES WITH PARENTAL OR GUARDIAN CONSENT AND SUPERVISION. IF YOU RESIDE IN A JURISDICTION THAT RESTRICTS THE USE OF THE SERVICES BECAUSE OF AGE, OR RESTRICTS THE ABILITY TO ENTER INTO CONTRACTS SUCH AS THIS ONE DUE TO AGE, YOU MUST ABIDE BY SUCH AGE LIMITS AND YOU MUST NOT USE THE PLATFORM IF YOU ARE NOT PERMITTED TO DO SO BY SUCH LOCAL JURISDICTION. BY USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

  1. Changes to the Terms of Use

    You acknowledge and agree that we may revise and update these Terms of Use from time to time in our discretion, and that all changes are effective immediately when posted and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform.

    Your continued use of the Platform following the posting of revised Terms of Use means that you accept the changes. You are encouraged to review these Terms of Use frequently to ensure compliance.

  2. Accessing the Platform and Account Security

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

    You are responsible for (1) Making all arrangements necessary for you to have access to the Platform; and (2) ensuring that all persons who access the Platform through your internet connection or using your equipment are aware of these Terms of Use and comply with them.

    To access the Platform or some of the resources it offers (including the ability to make a donation), you may be required to create an account and provide certain registration details or other information, including some personal data, such as your name, email address, and payment information to make donations through the Platform. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide us to register with the Platform or otherwise is governed by our Privacy Policy, as amended from time to time and currently located at givelively.org/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to terminate your account and refuse any current or future use of the Platform or Services, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  3. Integration with Social Media

    We may also provide you the ability to register or otherwise link to, or integrate with the Platform, certain social media, such as Facebook®, Twitter®, Pinterest®, Google®, and others, as part of the Services or in order to provide you additional venues in which you can leverage or share the giving opportunities of the Services. Please note that in any instance with which you provide us with your login credential for such platforms, Give Lively will have access to all information related to such account(s) – as permitted by the policies of such platforms and your then current privacy settings, if applicable. By opting to provide us with your login credentials, you hereby assent to any such access and use that we may have, in accordance with our Privacy Policy. If you have any questions or concerns about such access, then we suggest you review the applicable social media platform’s policies and your privacy settings prior to providing us with any such information.

  4. Intellectual Property

    All right, title, and interest in and to the Platform, the Services, their entire contents, features, and functionality and related Intellectual Property (including but not limited to all software, source code, object code, assets, algorithms, application programming interface, text, displays, design, images, video, and audio) and any updates, new versions, improvements, enhancements, additions, and modifications thereof (collectively, the “Give Lively Property” ) are owned by Give Lively, its licensors, or other providers of such material. “Intellectual Property” means rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, whether or not registered, including all registrations and related applications, and all goodwill, associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; (v) all other rights covering intangible property recognized in any jurisdiction.

    These Terms of Use provide to you a revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Give Lively Property on any mobile device or tablet that you own or control and solely for your own use. Such use of the Give Lively Property and any other services, materials or information made available by Give Lively is conditioned on your continued compliance with these Terms of Use. Accordingly, you expressly acknowledge and agree that Give Lively transfers no right, title, or interest in or to the Give Lively Property.

  5. Trademarks

    All right, title, and interest in and to the Give Lively and Small Token word marks, stylized logos, service marks, and any other trademark, and any other Give Lively trade name, trademark, service mark, logo, or other designation of origin associated with Give Lively products or services, whether or not registered, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners

  6. No Solicitation or Endorsement

    The Platform and Services provide users with the ability to make a donation, and to request that the donation gets disbursed to a nonprofit selected from an aggregated list. Sometimes, we may also feature, or otherwise spotlight a nonprofit apart from the aggregated list (e.g. display the logo or provide additional information about that nonprofit) ( “Feature” ). You acknowledge and agree that Featuring a nonprofit on the Platform or Services does not constitute a solicitation of donations, and that Give Lively does not engage in any solicitation activities on behalf of any of the organizations that may be listed or Featured on the Platform.

    Any lists or search results for nonprofits that are displayed on the Platform have been compiled by GuideStar – a third party vendor – are provided as a convenience to you, and are not intended to constitute advice, endorsement or recommendations of any kind. The list or search results may be updated or amended at anytime. Unless otherwise expressly indicated, Give Lively does not endorse and has no affiliation with any of the organizations listed on the Platform. Similarly, any information that we may provide to you related to what nonprofits your “Facebook friends” support or “like,” is not intended to and does not constitute advice, endorsement or recommendation by Give Lively of any organization included in the Platform.

    Furthermore, while we agree to use reasonable efforts in providing any information related to such organizations, we make no warranty about the accuracy, completeness, or adequacy of the information. Give Lively has not independently verified any of the information provided by GuideStar or any other source we may use to provide information, and the sole and complete responsibility to assess, review and verify the suitability of any nonprofits you want to support through your donation through the Platform and Services rests entirely with you. It is your sole responsibility to review and research the nonprofits listed on the Platform and determine which, if any, you would like to request that a donation gets directed to.

  7. Donations and Payment Processing

    When a user selects a nonprofit that they would like to support, their donation is distributed in one of the following ways.

    (a) Directly to a Nonprofit

    Nonprofits that create a Stripe, Paypal, and/or Plaid account of their own, and link that account with ours (“Connected Account”) receive donations directly. When a donation is made through the Platform, it is directed to the Nonprofit’s Stripe account. Therefore, the tax receipt Give Lively sends a donor will represent a direct donation to the selected nonprofit. Once the funds have been transferred to the Connected Account's bank, Give Lively is no longer in control of the funds.

    Stripe terms can be found on https://stripe.com/us/legal. Paypal terms can be found on https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. Plaid terms can be found on https://plaid.com/legal/. Nonprofits that do not have Connected Accounts will continue to receive funds via check from Give Lively LLC, as outlined below.

    (b) Through the Give Lively Foundation to a Nonprofit:

    The Give Lively Foundation is a charitable fund organized as a 501(c)(3) tax-exempt organization (EIN: 81-0693451). To comply with federal tax laws and Internal Revenue Service regulations, the Give Lively Foundation retains legal control over any charitable contributions it receives, and also retains the authority and discretion to re-grant the funds to other nonprofits as it sees fit. Although your donation is first collected and processed by this charitable fund, a donor's credit card or bank statement will list "Give Lively" as the "merchant of record" and not the nonprofit that you have designated to receive the donation.

    In addition to the requirement that the nonprofit selected by you meets certain criteria, as further described below, before a disbursement is made to a particular nonprofit, a minimum of $50 is required to be collected on behalf of such nonprofit ( “Minimum Disbursement” ). In instances in which the Minimum Disbursement amount is not met, donations are generally held and disbursed as follows: (1) in cases in which the aggregate donation amount(s) received from all donors for a particular nonprofit is equal to, or greater than $50, disbursements to the designated nonprofits are made within thirty days from the last day of the previous calendar month in which the Minimum Disbursement amount was met; or (2) in instances in which the aggregate amount(s) received from all donors for a particular nonprofit is less than $50, then, at Give Lively’s sole discretion, either: (i) a disbursement will be made to the selected nonprofit within one year from the last day of the previous calendar month in which the first donation for such nonprofit was received; or (ii) a disbursement will be made to an alternative nonprofit within one year from the last day of the previous calendar month in which the first donation for such a particular charity was received. Please note that the foregoing information applies only to nonprofits who have not subscribed to Give Lively with Connected Accounts. Connected Account holders, as described above, are not subject to the Minimum Disbursement and receive funds directly.

  8. Give Lively's Text-to-Donate

    Give Lively provides its text-to-donate service to make it incredibly easy to use your phone to make a donation. Simply text a nonprofit's designated code to 44-321 and receive a link that allows you to complete your donation in just a few taps.

    Further information regarding the Text-To-Donate service can be found at https://www.givelively.org/text-to-donate or by contacting us at support@givelively.org. To opt-out from the Text-To-Donate services, you can text STOP. Text HELP for help. Message & data rates may apply. Up to 4 messages per request.

  9. Return or Redirection of Funds.

    You acknowledge and agree that, if Give Lively determines in its discretion, that it would be inappropriate or improper to disburse the funds designated for a particular nonprofit, your donation may be redirected to another nonprofit, or returned to you. In such cases, without requiring any approval from you, your funds may be withheld, and you may be asked to select an alternate nonprofit to receive the donation.

    By way of example and not limitation, such determination may be made for one or more of the following reasons: the charity (i) is no longer accepting donations, recognized as a public charity, in good standing with state or federal regulators, a participating nonprofit in the Platform, (ii) does not or will not accept contributions from the Platform, (iii) does not satisfy the then current criteria, including without limitation the Value Statements described in Section 12 herein, (iv) has opted not to receive contributions made through the Platform, or (v) returns your contribution.

  10. Payment Methods

    We currently accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club and ACH/Bank Accounts. Give Lively uses third party payment platforms, such as Stripe, Inc. ( “Stripe” ), Paypal, Inc. ( “Paypal” ), and Plaid, Inc. ( “Plaid” , and together with Stripe and Paypal, the “Payment Processors” ) to process credit and debit card transactions. Although the collection of your credit card or bank account information takes place on our Platform, after your payment information is entered, it is securely transmitted to the chosen Payment Processors, which process all credit card and debit card donation/payment transactions and manage the routing of applicable customer information through the processing networks.

    Give Lively is not affiliated with any Payment Processor and we are not responsible in any way for their actions or performance (or lack thereof). Accordingly, Give Lively expressly disclaims responsibility and liability for all services provided by the Payment Processors, including those related to donation/payment transactions, and you hereby agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of such services. Additionally, since each Payment Processor will have access to the information you provide to them when making a donation/payment transaction, we recommend that you review their privacy policy – which can be accessed from their website located at www.stripe.com, www.paypal.com, and www.plaid.com respectively.

    You acknowledge and agree that, for all donations/payment transactions, you will only use a valid credit or debit card or other payment method, and that for all such payment methods you are the authorized account holder. Additionally, you also acknowledge and understand that like any tax-deductible charitable donation, your donation may not be cancelled or returned once it has been processed, all donations/payment transactions are final and non-refundable as soon as a donation is processed via the Platform. If you have any questions regarding any payment transaction, please contact us by email at support@givelively.org.

    When a donation is made, the Payment Processor may collect a variable processing fee depending on the payment method you select. Each Payment Processor may offer discounted transaction rates for 501(c)(3) organizations. The application process and eligibility requirements for the above mentioned discounted fee programs can be checked by contacting the Payment Processors via their respective websites.

  11. Use of Funds

    Please note that all donations made through the Platform or Services are granted to nonprofits as unrestricted grants. Neither Give Lively, the Give Lively Foundation, or any of their officers, directors, members, affiliates, licensees, and service providers monitors or controls any of the nonprofit’s activities, and neither shall be responsible, in any manner or form, for the use or non-use of any funds granted through the Platform or Services to such nonprofits.

  12. Prohibited Uses

    You must use the Platform and Services solely as permitted by these Terms of Use or as otherwise expressly agreed in writing by Give Lively.

    You agree that you will not (i) adapt, alter, modify, improve, translate, or create derivative works of the Platform or Services; (ii) attempt to access or download the technology used by Give Lively to provide the Services (other than as expressly provided by Give Lively to use the Platform) or reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Platform; (iii) provide any third party access to or use of the Platform on behalf of any third party, including as part of a time-sharing, outsourcing or service bureau environment; (iv) transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the operation of the Platform; (v) attempt to test the vulnerability of the Platform or Give Lively system or network or circumvent any security or authentication measures protecting the Give Lively Property; (vi) remove any proprietary notices or labels in documentation provided by Give Lively; (vii) use any Give Lively Property in any manner detrimental to Give Lively (including for the purpose of creating or improving any services or technology that performs similar functions or is competitive with Give Lively) or in any way that violates any applicable federal, state, local, or international law or regulation.

  13. Value Statements

    Furthermore, you agree that you will not use the Platform or Services to: (i) discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status in any of your activities, programs, or operations. These activities, programs, and operations include, but are not limited to, hiring and firing of staff, employees, interns, selection of volunteers, vendors and contractors, and provision of services, (ii) advocate against or deny the rights of women, including the right to choose to end a pregnancy on their own terms in accordance with federal law as interpreted by the United States Supreme Court, (iii) advocate for the sale, ownership, and/or civilian use of assault weapons, weapons of war, high capacity magazines, automatic weapons or any mechanism that can convert a firearm into an automatic weapon, or (iv) disseminate hate speech or dangerous speech, promote or incite violence online or offline.

    You acknowledge and agree that if Give Lively believes (in its discretion) that any donation has been made to an organization that engages in or in any way promotes such activities, or other activities that Give Lively in its discretion deems objectionable, we may block the transaction and refund the respective amounts.

  14. Termination

    You acknowledge and agree that Give Lively may (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or Services, and (ii) terminate or suspend your access to all or part of the Platform or Services for any or no reason, including without limitation, any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Platform or using our Services. YOU WAIVE AND HOLD HARMLESS GIVE LIVELY AND ITS OFFICERS, DIRECTORS, MEMBERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  15. Changes to the Platform and Services

    You acknowledge and agree that (i) Give Lively may (in its discretion) update or modify the Services and Platform at any time for any reason, (ii) Give Lively shall have no obligation to customize, modify, or improve the Services or Platform, and (iii) the Services and Platform may be interrupted for maintenance and developments when deemed appropriate by Give Lively.

  16. Reliance on Information Posted

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

    The Platform may include content provided by third parties, including materials provided by nonprofits, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Give Lively, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Give Lively. Furthermore, if you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  17. Media Features

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

    We may provide certain features that enable you to (i) link from your own or certain third-party websites to certain content on the Platform, (ii) send emails, texts, or other communications with certain content, or links to certain content, on the Platform, and (iii) cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us and with respect to the content they are displayed with, and in a manner consistent with the other provisions of these Terms of Use. We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.

  18. Disclaimer of Warranties

    TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

    TO THE FULLEST EXTENT PROVIDED BY LAW, GIVE LIVELY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

  19. Limitation on Liability

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

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

  20. Indemnification

    You agree to indemnify and hold Give Lively, its affiliated entities and its and their officers, directors, agents, employees and representatives harmless from and against any actual or prospective loss, damage, liability, claim, demand, suit, cost and expense (including reasonable attorney fees), arising out of or relating to your (i) access or use of the Platform or Services, (ii) breach of representations and warranties hereunder, (iii) violation of any laws or these Terms of Use, (iv) infringement or misappropriation of Intellectual Property of Give Lively or any third party, (v) fraud, willful misconduct, or negligence or (vi) other acts or omissions proximately caused by you, except in each of the above cases to the extent proximately caused by fraud, willful misconduct, and gross negligence of Give Lively.

  21. Governing Law; Jurisdiction

    All matters relating to the Platform, Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

    The parties irrevocably consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in New York County for any dispute arising from or related to the relationship between the Parties, including these Terms of Use, and agree to bring any action solely in such courts.

  22. Entire Agreement; Severability; Waiver

    These Terms of Use constitute the entire agreement between the parties relating to its subject matter and supersedes all prior agreements. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the other provisions will remain in full force and effect to the greatest extent possible, provided that the omission of the invalid provision does not materially prejudice the rights of either party. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  23. Your Comments and Concerns

    This website is operated by Give Lively, LLC, 888 Seventh Avenue, Floor 40, New York, NY 10106.

    All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@givelively.org.


Need Help?

For answers to our most common questions, visit our FAQ

For technical help or help with a donation, email support@givelively.org

For questions about nonprofit membership, call our Membership Team at 1-917-877-0533 from 9AM-5PM EST / weekdays or email membership@givelively.org.

Give Lively builds better fundraising tech and gives it away to nonprofits for free.

Made With ❤ In NYC

© 2018 Give Lively. All Rights Reserved. · Terms Of Use · Master Service Agreement · Privacy Policy