Terms of Use

Welcome to the Giving Trail website (givingtrail.org). This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please read these Terms of Use (the "Agreement") carefully before using the services offered by Giving Trail, a Nevada non-profit corporation (“Giving Trail”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.givingtrail.org, and all other sites owned and operated by Giving Trail that redirect to www.givingtrail.org, and all subdomains (collectively, the "Site"), and the service owned and operated by Giving Trail (together with the Site, the "Service"). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Summary of Service

Giving Trail provides a platform where charitable organizations ("Participating Organization") use the Site to crowdfund charitable projects which serve the public interest and focus on improving the quality of life for people in their communities and the world. Charitable donors (“Donors”) utilize the same platform to direct their donations to the project(s) of their choice.

The intended purpose of Giving Trail is to receive contributions and pay them over to organizations that are described in all subsections 501(c) and 501(d) and exempt from taxation under section 501(a) of the Internal Revenue Code for charitable projects. Contributions and activities from lobbying and political organizations will be excluded.

Agreement

This Agreement specifies the Terms and Conditions for access to and use of www.givingtrail.org and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Giving Trail upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.givingtrail.org. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

You agree that each Participating Organization is responsible for all of its activity in connection with its project and use of the Site in promoting that project. By creating and posting a charitable project on Giving Trail the Participating Organization is seeking charitable donations from Donors.

Prior to receiving access to a Giving Trail account, the Participating Organization will be required to provide information regarding the business entity that you are authorized to represent. Upon collection of this information, Giving Trail will conduct a client approval process to validate your submission and the information provided about your business entity and/or yourself. Giving Trail may reject or terminate an organization or project without cause.

Upon completion of the client approval process, Giving Trail will notify the Participating Organization that its account is in good standing and that it is authorized to process transactions, or that Giving Trail has denied its fundraising account request. Giving Trail reserves the right to deny account requests for any reason.

You may not transfer or sell your Giving Trail account and/or User ID, if any, to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

You agree that each Participating Organization is solely responsible for its information, and Giving Trail acts as a passive conduit for the Participating Organization’s online distribution and publication of its information. Giving Trail has no control over the Participating Organization’s fundraising results, project implementation, use of funds or outcomes. Giving Trail does not endorse the Participating Organization’s or Donor’s information or any statements, opinions, recommendations, or advice expressed therein, and Giving Trail expressly disclaims any and all liability in connection with the information posted. Giving Trail is not liable for any damages or loss incurred related to any use of the Service. Giving Trail is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service.

By using the Site you agree that your activities shall not:

  • be false, inaccurate, misleading or fraudulent;
  • infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including, but not limited to, those governing elections, political advertising, campaign contributions, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
  • be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors;
  • impersonate another person or organization; or
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personally identifiable information.

You agree that the Participating Organization is directly responsible for the use of funds received through its use of this Site. The Participating Organization understands that Donors will have the right and be encouraged to post feedback about the Participating Organization’s completion of its posted project. Giving Trail is not responsible for oversight of the Participating Organization’s project or any feedback provided by Donors.

Participating Organizations and Donors agree that charitable donations will be distributed to the Participating Organization one time per month on a day to be determined at Giving Trail’s discretion. All funds distributed by Giving Trail will be held by Giving Trail for distribution in the month following the actual date the funds are actually received by Giving Trail, less the handling fees, charges, charge backs and interest earned, if any.

Donors agree to be bound by this entire Agreement, including the following:

  • Donors agree to provide their contact and payment information at the time they donate to a project posted by a Participating Organization. The payment will be collected at the time of donation.
  • All donor contact information is proprietary and strictly confidential. Giving Trail does not sell, share or distribute email lists or contact information generated by the site to other third parties or other Participating Organizations.
  • Donors who contribute to a Participating Organization may from time to time receive relevant correspondence from that Organization.
  • Each Participating Organization will establish their own unique donor list through the use of this site. Donor contact information will be made available for future projects only through the use of the Site and only to the Participating Organization(s) to whom that donor made a financial contribution.
  • Donor’s name, avatar and donation amount will be provided to the Participating Organization to whom their donation was directed and may be viewed by other users of the site. Donors have the right and option to remain anonymous from the public’s view but not from the Participating Organization.
  • Giving Trail does not offer refunds and does not provide tax or financial advice.
  • Giving Trail and its payments partners will collect their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
  • Giving Trail reserves the right to reject, cancel, interrupt, remove, or suspend a Participating Organization’s project at any time and for any reason. Giving Trail is not liable for any damages as a result of any of those actions. Giving Trail’s policy is not to comment on the reasons for any of those actions.

Fees and Charges

Giving Trail will charge a fee limited to 6% of the donation, which will cover all the bank, credit card, and website costs. Fees are based on the size of the donation, not the project funding goal. Larger donations may be entitled to lower bank fees.

Privacy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy.

Ownership

All content included on this site is and shall continue to be the property of Giving Trail or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

Intended Audience

This website is intended for adults only. The Service is available only to individuals who are at least 18 years old.

The Site is limited to use by organizations formed for the purpose of charitable work as described above and is not intended for use by individuals for the purpose of benefiting individuals.

Trademarks

“Giving Trail” is either a trademark or registered trademark of Giving Trail. Other product and company names mentioned on this Site may be trademarks of their respective owners.

Site Use

Giving Trail grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Giving Trail and Giving Trail may terminate your use of this website at any time.

The Giving Trail reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Giving Trail may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Giving Trail in its sole discretion) an unreasonable or disproportionately large load on the Giving Trail's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Giving Trail may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Giving Trail's control, and you acknowledge that the Giving Trail is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Giving Trail. You further acknowledge and agree that the Giving Trail shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Indemnification

You agree to indemnify, defend and hold Giving Trail and our partners, employees, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. GIVING TRAIL DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES,

AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE

REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL GIVING TRAIL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

The Giving Trail does not endorse any User Submissions. You release Giving Trail, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service. 

Use of Information

Giving Trail reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Giving Trail, who can be reached as follows:

By Mail:  
305 W. Moana Lane, Suite A
Reno, Nevada 89509

By e-mail: info@givingtrail.org

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada regardless of the fact that any of the parties hereto may be or may become a resident of a different country, state, or jurisdiction. Any suit, action or proceeding arising out of, or with respect to, this Agreement shall be filed in a court of competent jurisdiction within the County of Washoe, State of Nevada. The parties hereby consent to the personal jurisdiction of such courts within the County of Washoe, State of Nevada. The parties hereby waive any objections to venue in such courts within Washoe County, State of Nevada.

Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Termination

Giving Trail may terminate this Agreement at any time, with or without notice, for any reason.

Changes

If our Terms of Use or procedures change, we will immediately post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change.

Contact Information

Giving Trail
305 W. Moana Lane, Suite A
Reno, Nevada 89509
info@givingtrail.org

 

Terms Updated February 2015

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