of Service - iGive.com
iGive.com represents the individual user of the iGive.com service,
not advertisers, sponsors, or causes. An individual who signs up with
iGive.com becomes a member enters willingly into this agreement. Members list causes for
their own use, and for the use of other members.
Monies are earned by members and are credited to members' accounts, and
then disbursed from their accounts to their selected cause(s). iGive.com
is providing a service to its members, not to causes. Any taxes on this
are the responsibility of the member.
Monies earned by non-members are credited to the account of the cause
they've selected. Members must successfully "log in" prior to utilizing
this site and its services in order to receive credit. No monies are earned
by non-members if he or she has not selected a cause before utilizing
the site or services.
The member understands that iGive.com uses its commercially reasonable
best efforts to present various online merchants to the member, and enables
the member to designate a commission specified on the iGive.com site on
purchases from the iGive.com merchants to the member's account, for later
disbursement to the member's selected cause. ("iGive.com merchants"
are defined as any merchant currently participating as a merchant in the
Mall at www.iGive.com.) An iGive.com member understands that to earn that
rebate on purchases, the member must start their shopping at the Mall
at www.iGive.com or through an iGive.com Newsletter. The member also understands
that iGive.com seeks to find paying advertisers who wish to reach the
member for the purpose of showing the member ads or selling merchandise.
The member agrees that the advertised proceeds resulting from their donation-generating
activities will be delivered by iGive.com to the member's account, for
later disbursement to a qualified organization designated by the member
or the member themselves. iGive.com will never deduct commissions or fees
from the advertised donation rates.
Alternatively, advertisers may use iGive.com as an agent to forward donations
to the member's selected cause. iGive.com makes no representations as
to its success or failure in these endeavors.
iGive.com is commissioned by the member; the terms of the commission
may change upon thirty days notice to the member. This agreement lasts
for 99 years, and is cancelable upon 30 days notice by either party. You
must remain a member (which includes providing us a valid e-mail address
at which we're allowed to contact you) for at least three months after signing
up for a sign up "bonus" (if any) to be paid to your selected
cause. See active member below.
iGive.com will not disclose "personally identifiable" information
regarding its members to any third party without the member's explicit
permission, except as may be required by law or action of a court of competent
Notice to members may be made by posting information on the iGive.com
Web site or via e-mail. Members may give notice to iGive.com by opening
a ticket at: http://support.igive.com/Main/frmNewTicket.aspx.
iGive.com reserves the right to refuse any membership, advertiser,
advertisements, or recipient organizations.
iGive.com or an advertiser may limit the number of ads a member may
get credit for viewing during any given time period. This limit may change
without prior notice, and it will be posted in this paragraph.
Member understands that the economic basis of iGive.com is delivering
real transactions, and/or real persons viewing real ads to advertisers.
Any action by the member that undermines that basis may disqualify the
member and his or her viewing activity. All of a member's earnings or
rebates may be disqualified, at the sole discretion of iGive.com, if the
member attempts (1) to use iGive.com through any means other than through
participating sign-up pages; (2) to disrupt iGive.com or circumvent the
terms and conditions of this Agreement; (3) to use automated means to
create entries/registrations; (4) register on behalf of another person;
(5) provide false or unverifiable information to iGive.com; (6) sign
up multiple times; or (7) use software that redirects credit for
transactions away from iGive. And, if any of the above or other attempts
to defraud advertisers or iGive.com occur, iGive.com reserves the right to remedy
any such action, disruption or circumvention in a manner, determined solely
by iGive.com, that is fair and equitable to other members, advertisers,
and causes. iGive.com may not give notice in such an instance. All
information posted and received is subject to final audit.
Member may take advantage of the Mall at iGive.com (the Mall). Member
understands that iGive.com will use its best efforts to collect a rebate
from the Mall merchants, and remit any and all advertised proceeds resulting
from the member's donation-generating activities to the member's account,
for later disbursement to a selected cause or to the member. Payment to
the selected cause or to the member is contingent on receipt of payment
from the merchant.
An iGive.com member must be at least 13 years old.
Active Member. Being an active iGive.com member is important, because
that generates the revenues that allow us to funnel money to our members'
favorite causes. iGive.com defines an active member as a member who a)
receives our weekly e-mail newsletters or visits the iGive.com site (Home
page) at least twice a month (in two different weeks), and/or b) has made
a purchase from an iGive.com merchant at least once in the last 60 days.
A member must remain active for at least three months after his or her initial
registration for any initial donation or promotion to become effective.
Using iGive. Using iGive
is defined as the member having our software download (the iGive Toolbar, Shopping Window, or iGive
Button) installed on the computer(s) they use to purchase goods and services on the
Internet and the software is successfully connecting with the iGive servers.
Successfully connecting means that the software is receiving updates, and
correctly responding to the member's internet surfing activity.
License and Updates. iGive.com grants you a non-exclusive license to install
and use our software solely for personal use and only for the purpose of
accessing the iGive.com service. iGive.com and its licensors/suppliers reserve
the right to add additional features or functions to our software at any time,
without asking your approval. iGive.com may require the update of our software
on your computer when a new version of the software is released or new features
are available. This update or new download may occur automatically when you use
the iGive.com service. Your continued use of the software will constitute consent
to any revised terms listed in this document. iGive.com is under no obligation to
support the software. iGive.com may at any time suspend or terminate this license
and disable the software.
Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise
attempt to derive the source code of the iGive.com software for any reason. You may
not modify the software in any way. You may not rent, sell, lease, sublicense,
distribute, assign, copy (other than a single copy for your own backup purposes), or
in any way transfer the software or use the software for the benefit of any third
party through any outsourcing or time-sharing arrangement or through the operation
of any service bureau. You understand that the software is licensed not sold, the
software and all rights not expressly granted herein are reserved to iGive.com and
Voluntary Use. The software automatically tracks your transactions using iGive.com and third
party cookies and reports such information to iGive.com and its merchant partners in order for you to obtain the
benefits of the iGive.com service. Most merchant partners have agreed to automatic processing
via the software which causes the browser to be redirected through iGive's web site and then
on to the merchant site to allow affiliate cookies to be stored in the member's browser for purchase
tracking purposes. For merchant partners which require positive confirmation
of the member's intentions, a drop down offer is presented to the member on the merchant partner
site, which when clicked, causes the browser to be redirected through iGive's web site and then
on to the merchant site to allow affiliate cookies to be stored in the member's browser for purchase
tracking purposes. The software also communicates with iGive.com
so that iGive.com may obtain certain information regarding your use of the
service (such as IP address, type of browser, referring URL, and web pages visited) however such information
generally does not include personally identifying information unless you have provided
Your use of the iGive.com software and the iGive.com service is voluntary. You may
discontinue use and uninstall the software at any time. You understand that by
uninstalling the software you will not be able to use it in conjunction with
the iGive.com service.
Tax Deductibility. iGive.com performs a service for its members, and
is not qualified to offer tax advice on the deductibility of any donation
made by the member. This service may allow the rebate provided by the merchant
to the member to meet the structural qualifications of the IRS code, so
that if donor and donee are qualified, the donation may be taken by the
member. The rebate (of monies paid by the member to the merchant) provided
by the merchant transfers to the control of the member, and the member
voluntarily determines whether or not to donate that money, and whether
or not to donate it to an organization to which donations are "deductible",
as defined by the Internal Revenue Service under Â§ 170.
Donations resulting from activities other than purchasing are probably
Registration Bonus. Your registration bonus and other members' bonuses
are prepayments of any money we might owe your cause from members' shopping
and other activities. Amounts you earn for your favorite cause from your
shopping or other activity at iGive.com will first be used to pay us back
for those prepayments, then sent to your cause. You must remain an
active iGive.com member for at least three months after your initial registration
in order for any initial donation or registration bonus to become effective.
See point 11 for the active member definition.
iGive.com. This is a service of iGive.com that rewards an organization
or cause selected by the user for that user "searching", utilizing the
pages provided therefore. Members and non-members may utilize this service.
By utilizing the site and service you agree to these terms and conditions.
Individuals do not qualify to receive funds from utilizing iGive.com.
Prohibited Uses and Access Methods - iGive.com. The heart and
spirit of iGive.com is providing search results that include advertising
messages to human beings who have a legitmate need for this service, apart
from the desire to earn money for their cause. You agree that you shall
do nothing that shall contravene this heart and spirit. The following
uses and practices are provided as examples of unacceptable and prohibited
usages, and are not meant to be exhaustive or exclusive.
Repeated Manual Clicks or Searches ("Repetitive Searching")
In the case of Repetitive Searching, defined as performing the same search more frequently
than once per hour, only your first search for that term will result in a donation. Your subsequent
earnings resulting from that same search term will be nullified for the remainder of the 60 minute
While permitted, certain categories and types of searches do not result
in advertising being shown to users. These categories and types of searches
will not result in a donation. They include, but are not limited to:
Searching for an image or video.
Performing a "Search This Site" search.
Searching for a URL or website domain. (Examples
are search terms that end in .com, .org, .net, .edu, .tv, .ca, etc.)
Searching for sites with well-known URLs. (Examples
are AOL, CNN, Facebook, Gmail, Hotmail, MySpace, etc.)
Searching for stock quotes or word definitions.
iGive.com shall determine, in its sole and absolute discretion, uses and
access methods it deems to be fraudulent or abusive. iGive.com reserves
the right to characterize any usage as fraudulent or abusive retroactively,
and to reverse any earnings that result from prohibited activities.
"Qualified Searches" are additionally identified at http://support.igive.com/KB/a29/qualified-searches.aspx
and are incorporated herein as non-permitted uses.
Content not provided by iGive.com. You should be
aware that Content presented to you as part of iGive.com,
including but not limited to advertisements and sponsored Content may
be protected by intellectual property rights which are owned by the sponsors
or advertisers who provide that Content to iGive.com (or by other persons
or companies on their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on this Content (either
in whole or in part) unless you have been specifically told that you may
do so by iGive.com or by the owners of that Content, in a separate agreement.
iGive.com reserves the right (but shall have no obligation) to pre-screen,
review, flag, filter, modify, refuse or remove any or all Content from
any Service. For some of the Services, iGive.com may provide tools to
filter out explicit sexual content. In addition, there are commercially
available services and software to limit access to material that you may
find objectionable. You understand that by using the Services you may
be exposed to Content that you may find offensive, indecent or objectionable
and that, in this respect, you use the Services at your own risk. You
agree that you are solely responsible for (and that iGive.com has no responsibility
to you or to any third party for) any Content that you create, transmit
or display while using the Services and for the consequences of your actions
(including any loss or damage which iGive.com may suffer) by doing so.
Funds Calculation and Disbursement. The amount that any qualified
search will earn for a cause shall be posted on the site. This amount
may vary from time to time, but shall never change retroactively. Funds
earned via iGive.com are disbursed in accordance with the policies
for funds earned by iGive.com members for their shopping activities. Those
policies are available at http://www.iGive.com/html/causestats.cfm and
may change at any time. However, while an iGive member may earn funds
from shopping, iGive members (individuals) will not earn money from search
Cause Listing Requirements. Causes available for selection and support
via iGive.com are listed by iGive.com members for their own and
others' benefit. Nonprofit organizations listed at iGive.com
have been listed by members for their own and other members' use. A listing at
iGive.com is not an endorsement of iGive.com by
the nonprofit organization/merchant, nor an endorsement of the nonprofit
organization/merchant by iGive.com.
Exclusion of Warranty. NOTHING IN THESE TERMS, INCLUDING THIS SECTION,
SHALL EXCLUDE OR LIMIT IGIVE.COMS WARRANTY OR LIABILITY FOR LOSSES WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE,
BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION
WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT
YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE.
IN PARTICULAR, IGIVE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS
DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES
WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU
AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
IGIVE.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
IGIVE.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability. SUBJECT TO OVERALL PROVISION IN PARAGRAPH
TITLED "Exclusion of Warranty" ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE
THAT IGIVE.COM, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:(I) ANY RELIANCE PLACED BY YOU
ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A
RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER
OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES
WHICH IGIVE.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE
SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY
OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE IGIVE.COM
WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD
OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON IGIVE.COMS LIABILITY TO YOU IN THIS SECTION SHALL
APPLY WHETHER OR NOT IGIVE.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN
AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
These Terms of Service were last updated on 6/14/12 to provide more information about tracking cookies.
Miscellaneous Provisions. Sometimes when you use iGive.com,
you may (as a result of, or through your use of the Services) use a service
or download a piece of software, or purchase goods, which are provided
by another person or company. Your use of these other services, software
or goods may be subject to separate terms between you and the company
or person concerned. If so, these Terms do not affect your legal relationship
with these other companies or individuals.
The Terms constitute the whole legal agreement between you and iGive.com
and govern your use of the Services (but excluding any services which
iGive.com may provide to you under a separate written agreement), and
completely replace any prior agreements between you and iGive.com in relation
to the Services.
You agree that iGive.com may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on
You agree that if iGive.com does not exercise or enforce any legal right
or remedy which is contained in the Terms (or which iGive.com has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of iGive.coms rights and that those rights or remedies will still
be available to iGive.com.
If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest of the Terms.
The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of
which iGive.com is the parent shall be third party beneficiaries to the
Terms and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of the Terms which confers a benefit on (or
rights in favor of) them. Other than this, no other person or company
shall be third party beneficiaries to the Terms.
The Terms, and your relationship with iGive.com under the Terms, shall
be governed by the laws of the State of Illinois without regard to its
conflict of laws provisions. You and iGive.com agree to submit to the
exclusive jurisdiction of the courts located within the county of Cook,
Illinois to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that iGive.com shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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