Last Updated: April 25, 2017
Donor-Advised Donations to Mightycause Foundation
Mightycause is committed to make your support of charitable causes you care about, quick, easy, and efficient while satisfying all legal requirements and providing you complete electronic records for personal accounting and tax purposes. To that end, we seek to affiliate with charities that share our charitable and philanthropic goals. Among those charities is one we helped launch that is now an independent Foundation while sharing our charitable vision and our name – the Mightycause Foundation. The Foundation is a tax-exempt corporation described in Section 50l(c)(3) of the Internal Revenue Code which maintains a donor advised fund. Your contribution made through the Website is to Mightycause Foundation. It is Mightycause Foundation’s normal practice to regrant 93.1% less $0.30 per advisement of a Giving Card redemption to the qualifying tax-exempt entity and/or cause advised, and to retain 4% for platform costs and Mightycause Foundation’s expenses plus 2.9% and $0.30 cents per advisement transaction for credit card processing costs, a total of 6.9% plus $0.30 per advisement. A regrant to the advised organization is generally made on the 10th of the month following receipt of the advised contribution. While Mightycause Foundation makes reasonable efforts to honor the advisements of its donors, you acknowledge that Mightycause Foundation maintains exclusive and full discretion and control over use of all contributions it receives. In the case where a donor makes an advisement to a non-qualified organization, or Mightycause Foundation otherwise determines that the advisement should not be followed, Mightycause Foundation will direct the contribution to an alternate charitable cause, including Mightycause Foundation’s charitable purposes.
When making a donor-advised contribution on the Website, you represent and agree that neither you nor any person or entity related to you have received or been promised any benefit that is more than incidental as a result of the donor advisement or the honoring of the advisement by Mightycause Foundation, and if offered or presented with any such benefit, you will not accept it. Such benefits include, but are not limited to, tuition and other educational costs, admission to any event, or the fulfillment of a legally binding pledge, or other personal financial obligation.
All donations made through the Website are final and non-refundable. If you have any inquiries regarding your donation, please contact Mightycause at email@example.com.
Neither we nor Mightycause Foundation guarantee the payment of a matching grant for donations or advisements made through pages designated as having a matching grant. Such matching grants are administered at the sole discretion of the fundraising page creator or nonprofit administrator, and neither Mightycause nor the Mightycause Foundation are responsible for or will be held liable for the matching grant administration.
Charged Back or Refunded Donations
In accordance with IRS regulations, the Mightycause Foundation enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The Mightycause Foundation staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration, the Foundation will accept the Charge Back transaction. Further, the Mightycause Foundation will, under its variance power authority, not regrant any funds to the advised organization that has been charged back. If the Charge Back funds have already been regranted to the advised organization, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is considered complete and unrestricted. However, the Mightycause Foundation will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Charge Back.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraising page, containing an incorrect name, dedication, or designation, or any other non-financial reason. The Mightycause Foundation retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if Mightycause Foundation has not yet regranted the funds to the designated organization (see “Tax-Deductible Contributions to Charitable Causes” section for more information on regrants). Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the Mightycause Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Mightycause may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Mightycause Website, for the authorized credit card holder to utilize in order to make a donation.
No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Mightycause Foundation. Mightycause Foundation may only accept pure contributions and not part gift and part sale transactions.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The Mightycause Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and neither Mightycause nor Mightycause Foundation are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations.
Giving Card Redemption
Redemption of a Giving Card represents an advisement for the regrant of funds that have been previously donated to Mightycause Foundation. Giving Cards have no monetary value, are not refundable, and may not be sold. An advisement through redemption of a Giving Card is not a tax deductible contribution. It is Mightycause Foundation’s normal practice to regrant 93.1% less $0.30 per advisement of a Giving Card redemption to the qualifying tax-exempt entity and/or cause advised, and to retain 4% for platform costs and Mightycause Foundation’s expenses plus 2.9% and $0.30 cents per advisement transaction for credit card processing costs, a total of 6.9% plus $0.30 per advisement. A regrant to the advised organization is generally made on the 10th of the month following receipt of the advised contribution. While Mightycause Foundation makes reasonable efforts to honor the advisements, you acknowledge that Mightycause Foundation maintains exclusive and full discretion and control over use of all its funds. In the case where an advisement is made to a non-qualified organization, or Mightycause Foundation otherwise determines that the advisement should not be followed, Mightycause Foundation will direct the contribution to an alternate charitable cause, including Mightycause Foundation’s charitable purposes.
When redeeming a Giving Card or making any other advisement on the Website, you represent and agree that neither you nor any person or entity related to you have received or been promised any benefit that is more than incidental as a result of the advisement or the honoring of the advisement by Mightycause Foundation, and if offered or presented with any such benefit, you will not accept it. Such benefits include, but are not limited to, tuition and other educational costs, admission to any event, or the fulfillment of a legally binding pledge, or other personal financial obligation.
Use of Donor and Advisor Information
When you make a donation to Mightycause Foundation or an advisement to a nonprofit listed on the Website, you grant us (along with Mightycause Foundation) permission to access your donation records at any time. Unless you request that your donation and advisement be anonymous, we or Mightycause Foundation will make available to your selected nonprofit upon honoring your advisement online reports identifying, where available, the name, address, email, and transaction accounting details of the advised regrant. Mightycause Global Corporation or Mightycause Foundation will also share your name, address, email, and transaction accounting details of the advised regrant with organizations administrating giving events in which you participate. If you choose to make your advisement anonymously, we will share only the donation amount of the advised and completed regrant with your selected nonprofit and/or giving event administrators.
Eligibility and Registration
If you choose to create an account with us and become a member, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public. (You may, however, disable this option via your profile settings). You are responsible for all activities occurring under your email address and for keeping your password secure.
We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately.
The Mightycause Foundation and Mightycause Global Corporation have access to all information you submit to the Website. If you create an account with us, we may send a monthly newsletter, system messages pertaining to account information, and other communications to your email. You may opt out of the monthly newsletter by adjusting the settings in your user account.
This site is intended solely for individuals 13 years of age or older. Any use or access of the site from users under 13 is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Website.
Term and Termination
These Terms apply to your use of the Mightycause service and the Website at all times, irrespective of whether you register as a member. Once you become a member, your membership may be terminated by us at any time and for any reason. After your membership terminates, you may not use the Mightycause services that are available only to members. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive any termination of your membership.
Appropriate Conduct and Content
We make the Mightycause service available for personal, noncommercial use and for registered 501(c)(3) organizations to promote themselves. No one may use the Mightycause service or the Website for any commercial purpose without our prior written consent. Mightycause does not support the selling of tickets or any other good or service. The donor of any online donation on Mightycause cannot receive, nor be promised to receive, any goods or services as a result of such a donation that would result in a reduction in the amount that is eligible for a charitable contribution deduction. Please consult the IRS guidelines, which can be found by clicking here, for additional information on deductibility of charitable contributions.
You may not use the Mightycause service or the Website for any illegal or unauthorized purpose. While using the Website, you must comply with all applicable domestic and international laws, statues, ordinances, and regulations. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, sound, logos, symbols, videos, graphics, links, and other content (“Materials”) that you submit, post, and display on the Website.
The information, ideas, or opinions posted by the users of the Website do not necessarily reflect our views. We will seek to remove or edit, with or without notice to you, any Materials that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other Materials that we determine in our sole discretion are fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any Materials, however, is not a warranty, endorsement, representation, or guarantee regarding such Materials. You have sole responsibility for your Materials and the consequences of posting Materials to the Website.
While using the Mightycause service and the Website, you must avoid engaging in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Mightycause and its employees and agents;
- violates these Terms or any other policy posted on the Website; or
- interferes with the use of the Website by others.
The Website and its contents are protected by copyright as a collective work and/or compilation, in accordance with U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, noncommercial use. Except as expressly authorized by us, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of our proprietary information, which includes all postings and photos on the Website. By submitting, posting, or displaying any Materials on or through the Website, you automatically grant us a worldwide, perpetual, nonexclusive, royalty-free license to use in any fashion such Materials. We retain all intellectual property rights in the software, tools, designs, documentation, data, and any other materials developed or provided by us on the Website, including without limitation the services and any data, text, pictures, sound, graphics, logos, markets, symbols, video, visual, oral, or other digital material and any other content of any description.
The name Mightycause, the Mightycause logo, tagline and “mightycause.com” are trademarks of Mightycause, and you may not use any of those marks without our prior written consent.
Links to Other Websites and Content
We may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
Changes to the Mightycause Service or the Website
We may change, suspend or discontinue any aspect of the Mightycause service or the Website at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Disclaimer of Warranties
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. We also disclaim any and all responsibility and liability for the conduct of any member.
Assumption of Risk
We provide the Mightycause service, the Website, and all materials, information (including, without limitation, any information or materials obtained or accessed through the Mightycause services), products and services included therein on an “as is” basis, with no warranties whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the preceding disclaimers and exclusions may not apply to you.
Your use of the Mightycause service is entirely at your own risk.
Hold Harmless and Indemnity
You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the Mightycause service or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Limitation of Liability
Under no circumstances will we be liable to you for any indirect, incidental consequential, special, or exemplary damages arising out of or in connection with use of the Mightycause service or the Website, whether or not we have been advised of the possibility of such damages. Such limitation of liability applies (i) whether the damages arise from use or misuse of and reliance on the Mightycause service, from inability to use the Mightycause service, or from the interruption, suspension, or termination of the Mightycause service (including such damages incurred by third parties), (ii) notwithstanding any failure of essential purpose of any limited remedy, and (iii) to the fullest extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitations and exclusions may not apply to you.
Additionally, under no circumstances will we be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Changes to the Terms of Service
We reserve the right to modify or terminate the Mightycause service or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Your continued use of the Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
Mightycause may provide you with notices regarding the Mightycause service, the Website, or these Terms by regular mail, email, or postings to the Website.
Designated Agent to Receive Notifications of Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Mightycause hereby serves the following DMCA/OCILL Notice to users of the Mightycause service or website that:
- Mightycause has designated an agent to receive notices from copyright owners about alleged infringements by users of the Website and send notices to the Website users who post or send allegedly infringing material
- Mightycause has registered the Website with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent
- Mightycause has adopted a policy of terminating access to the Website by users who are repeat copyright infringers
- Mightycause accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking; and
- Upon receiving proper notification of an alleged infringement by a Website user, Mightycause shall expeditiously take down or block access to the copyrighted material.
- Mightycause has designated the following person to serve as Mightycause’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:
- Name: Bryce Melvin, Mightycause Foundation
- Address: 1725 Duke St, Ste 675, Alexandria, VA 22314
- E-mail address: firstname.lastname@example.org
These Terms constitute the entire agreement between you and Mightycause with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict-of-laws provisions. In any dispute regarding the Mightycause service, the Website, or these Terms, you will submit to the personal and exclusive jurisdiction of the federal and state courts sitting in the Northern District of California. You must commence any cause of action you may have with respect to your use of the Mightycause services or the Website within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.