Mogiv, Inc. (“Mogiv”) provides this website subject to these Terms of Use.

By using this website, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this website.

1. Your Account

Mogiv.com provides a set of tools for Nonprofit Organizations to create an online fundraising presence while empowering users to donate to those Nonprofit Organizations. If you are a Nonprofit Organization, you must register with Mogiv by creating a Page on Mogiv.com. In doing so, you will create an account with Mogiv.com.

To subscribe to or donate to a Nonprofit Organization, you may become a Registered User by creating an account with Mogiv.com. There is no fee to become a Registered User.

You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are entirely responsible for any and all activities that occur under your account. You agree to notify Mogiv immediately of any unauthorized use of your account or any other breach of security. Mogiv will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Mogiv or another party due to someone else using your account. You may not use anyone else’s account at any time, without the permission of the account holder.

Mogiv reserves the right to deny activation of your account or to terminate your account at any time, for any reason or no reason.

2. Your Submissions

When you register with Mogiv.com, you will be asked to submit some personal information such as your name and email address. Our Privacy Policy sets forth our terms for protection and use, if any, of this information.

3. Limited License

Mogiv grants Nonprofit Organizations a non-exclusive license to use Mogiv’s publishing platform and hosting system (collectively, “the Tools”). This Agreement will also govern any upgrades provided by Mogiv that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Tools or any part thereof.

4. User Conduct

You understand that all information, data, text, photographs, graphics, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Mogiv, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on Mogiv.com. Mogiv does not control the Content posted via Mogiv.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Mogiv.com, you may be exposed to Content that you find offensive, indecent or objectionable. Under no circumstances will Mogiv be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Mogiv does not screen Content. However, in its sole discretion, Mogiv may remove any Content that is available via the Website for any reason or no reason at all. Without limiting the foregoing, Mogiv and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You also acknowledge that Mogiv may, in its sole discretion, restrict, suspend, and/or terminate your access to all or any part of Mogiv.com at any time, for any reason or no reason at all, without prior notice, and without liability. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mogiv or submitted to Mogiv.

5. Donations

If you are a Donor, you are solely responsible for ensuring that you have selected the correct organization to donate to. All donations to Nonprofit Organizations are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the Nonprofit Organizations designated by you are charged to the payment source of your choice, and processed by, Mogiv or its affiliates on such Nonprofit Organization’s behalf. Any payments of donations are final and non-refundable. You will pay the online donations to the Nonprofit Organizations designated by you. The donation will be settled into the Nonprofit Organization’s designated bank account as the applicable bank and processing partners make them available. Your donations to the Nonprofit Organization designated by you will be net of any fees associated with your transaction (“Transaction Fees”), as set forth on Mogiv’s fee schedule. This fee schedule is subject to change from time to time at the sole discretion of Mogiv. Donors agree not to use an invalid or unauthorized credit card or account in making transactions on Mogiv.com. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card or account, you must notify your financial institution in accordance with its reporting rules.

6. Payments to Nonprofit Organizations

The Transaction Fees deducted from a Donor’s donation will be deducted from the designated Nonprofit Organization’s bank account on the 1st or 2nd business day of the month for donations processed in the prior calendar month. Terms and Conditions of payment processing and settlement of donations are pursuant to the Bank Card and ACH Acceptance Application and Agreement entered into between the Nonprofit Organization and Mogiv affiliates Base Commerce and Merrick Bank. Only donation amounts actually collected will be remitted to the Nonprofit Organization for which it was designated. Nonprofit Organizations will be responsible for any taxes based on its net income or gross receipts.

7. Refunds

Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card or account, you must notify your financial institution in accordance with its reporting rules. The Nonprofit Organization may, at the Nonprofit Organization’s sole discretion, refund all or part of a donation to the Donor.

8. Prohibited Uses

You agree to not use Website for any prohibited activity, which includes, but is not limited to:

1. engage in any criminal or tortuous activity, fraud, trafficking obscene material, harassment, stalking, spamming, sending viruses or any other harmful files, theft or disclosure of trade secrets; copyright infringement, patent infringement;
2. harm minors in any way, including soliciting private information from any person under 18;
3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials including, but not limited to “junk mail” or “spam,” or any other form of solicitation;
7. interfere with or disrupt the Mogiv.com or servers or networks connected to Mogiv.com, or disobey any requirements, procedures, policies or regulations of networks connected to Mogiv.com;
8. intentionally or unintentionally violate any applicable local, state, national or international law;
9. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
   collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms of Use.

9. Age Requirement

This Website is not intended for children under 13. If you are under 13 years of age, then please do not use this Website or any services offered on this Website. There are lots of other great websites for you. Talk to your parent or guardian about what sites are appropriate for you.

10. International Users

Because of the global nature of the Internet, as a condition of your use of the Website, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

11. Copyright

1. Except where indicated, all Information and Software available through Mogiv.com is the exclusive property of Mogiv or its licensors and is protected by copyright and intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials and the overall design of this web site are Copyright 2008-2017. All rights reserved.
2. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, nor shall any Content be used in connection with creating or promoting any online donation service or product, or any other commercial service, without the express written consent of Mogiv or its licensors. You may not copy, modify, or reverse-engineer the HTML code used to generate web pages on the site. You may not use the Website or Tools on, or in connection with, any other website, for any purpose. You are entitled to use the Website and Tools for your private, non-commercial use only.
3. Mogiv does not claim ownership of Content you make available to the public on Mogiv.com. By displaying, publishing, or posting any Content on or through Mogiv.com, you hereby grant Mogiv the license to use, distribute, reproduce, modify, adapt, and publicly display such Content. You further acknowledge that by making Content available to the public, you authorize other Mogiv.com Users to copy, display, use, post, publish, modify, and/or adapt the Content outside of Mogiv.com.

12. Trademarks

Mogiv, Mogiv.com, GivUp and the Mogiv logo are registered trademarks of Mogiv. All other Mogiv services and proprietary tools, are trademarks of Mogiv, Inc. All other brands and names are the property of their respective owners.

13. Intellectual Property Infringement

Mogiv respects the intellectual property of others, and we require our users to do the same. In appropriate circumstances and at its discretion, Mogiv may disable and/or terminate the accounts of users who infringe on the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mogiv’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Mogiv’s Agent for notice of claims of copyright or other intellectual property infringement can be reached:

By email:
info@mogivinc.com

By phone:
(877) 204-6367

14. Links to Third-party Sites

Mogiv.com may contain links to third-party web sites that are not owned or controlled by Mogiv. Mogiv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Mogiv from any and all liability arising from your use of any third-party web site. Accordingly, we encourage you to be aware when you leave the Website and to read the Terms of Use and privacy policy of every other web site that you visit. Unless we expressly state otherwise, the fact that Mogiv.com has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.

15. Offers from Third-Parties

We may refer you to third-party parties who offer services that we think may be of interest to you. We may allow these third parties to offer you products and services, including offers through our Website or, with your express permission, via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party. You agree that Mogiv shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.

16. Policy Regarding Storage

You acknowledge that Mogiv may establish general practices, including limitations on the maximum disk space that will be allotted to you on Mogiv’s servers, or the servers of any partners, affiliates, vendors, or any other third party used by Mogiv to provide services to Users of Mogiv.com. You agree that Mogiv has no responsibility or liability for the deletion or failure to store any image or other information on or through Mogiv.com. You acknowledge that edited images must be saved to your personal computer system.

17. Assignment

It is possible that as Mogiv, Inc continues to develop our products, Mogiv Inc’s services and/or related assets might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Mogiv, Inc may assign its rights under these Terms of Use and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.

18. No Representations or Warranties as to Content

The Content found on Mogiv.com is obtained from sources believed to be reliable but are not guaranteed as to accuracy, completeness, or timeliness. There may be delays, omissions, or inaccuracies in the Information. All Content and information is provided “as is” and are intended solely as general information for educational and entertainment purposes only and is neither professional advice. Decisions based on Content or information contained within the Website are your sole responsibility. The Content and information are provided with the understanding that Mogiv is not engaged in rendering professional services or advice. References to any specific Nonprofit Organization do not constitute an endorsement of the donation to that Nonprofit Organization. Mogiv does not warrant or make any representation as to the legitimacy, reputation, or tax status of the Nonprofit Organizations featured on Mogiv.com. For financial information on any Nonprofit Organization featured on Mogiv.com, including the percentage of your donation allocated toward operating expenses such as administrative salaries, please contact the Nonprofit Organization directly.

19. Limitation of Liability

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER MOGIV NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE WEBSITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS WEBSITE, EVEN IF MOGIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF MOGIV AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

20. Indemnification

You shall indemnify and hold harmless, and at Mogiv’s request, defend Mogiv and its affiliates, as well as the respective directors, officers, shareholders, employees, agents and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or content, or any breach of your obligations set forth in this Agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

21. Entire Agreement

If a court of competent jurisdiction finds any clause or provision of these Terms of Use to be unenforceable, then the Terms of Use shall be deemed amended to exclude the clause or provision and the remainder of these Terms of Use shall continue in full force and effect.

22. Severability

If a court of competent jurisdiction finds any clause or provision of these Terms of Use to be unenforceable, then the Terms of Use shall be deemed amended to exclude the clause or provision and the remainder of these Terms of Use shall continue in full force and effect.

23. Governing Law, Jurisdiction, Venue

The Terms of Use, your access and use of Mogiv.com and the relationship between you and Mogiv, Inc. is governed by the laws of the State of California, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts of the State of California. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Mogiv shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Mogiv’s sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.