iGive.com

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Terms of Service

    Terms of Service - iGive.com

  1. 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.


  2. 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.


  3. 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.


  4. 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 jurisdiction.


  5. 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.


  6. iGive.com reserves the right to refuse any membership, advertiser, advertisements, or recipient organizations.


  7. 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.


  8. 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.


  9. 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.


  10. An iGive.com member must be at least 13 years old.


  11. 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 its licensors/suppliers.

    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 it to iGive.com. Use of such information is subject to the iGive.com Privacy Policy. 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.


  12. 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 § 170.

    Donations resulting from activities other than purchasing are probably not deductible.


  13. 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.


  14. 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.


  15. 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.

       Automated Querying
       Bots
       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 period.

    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/a53/qualified-searches.aspx and are incorporated herein as non-permitted uses.


  16. 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.


  17. 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 activities.


  18. 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.


  19. 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.


  20. 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.


  21. 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 the Services.

    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.


  22. These Terms of Service were last updated on 6/14/12 to provide more information about tracking cookies.

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