mGive Terms of Use

The mGive Foundation
Effective March 1, 2009:
By electing to give a donation in response to The mGive Foundation campaign, you agree to be bound by the following terms and conditions. If you do not agree to be bound or cannot comply with any of the terms and conditions, do not continue the donation.

1. Terms of your gift:
Thank you for contributing to The mGive Foundation campaign. Your donation is to The mGive Foundation (TMF), a 501c(3) public charity, which re-grants your donation to the charity(ies) you designated through your text message donation. Your donation will appear as The mGive Foundation on your wireless statement. Per our agreement with all organizations, and in accordance with the Internal Revenue Service, the TMF has the exclusive legal control over all donation amounts. If an organization fails to comply with The mGive Foundation Standards for Participation, the TMF reserves the right to disseminate donation amounts to a complementary organization.
Please consult your tax or financial advisor for specific questions about your gift. All The mGive Foundation approved organizations qualify for 501c(3) status and donations should be tax deductible. Please save your wireless operator bill or print a donation receipt at www.mgive.org/receipt. Your donation is immediate and irrevocable. Accordingly, The mGive Foundation cannot refund or cancel your donation. Please check with your wireless operator for operator specific refund policies.

2. Payment to Designated Organization:
The mGive Foundation collects donations paid by you from your wireless operator. In some instances, your donation will be deducted from your pre-paid balance with your wireless operator. The wireless operators remit 100% of your donation to The mGive Foundation. Within 30 days of The mGive Foundation's receipt of collected donations from the wireless operator, The mGive Foundation grants 100% of the donation to the designated organization. (There may be some designated organizations that have permitted The mGive Foundation to grant 5-10% of each donation to The mGive Foundation to cover administrative costs associated with The mGive Foundation's mission.)

3. Donation Types:

$5 Donations
A donation of $5.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $5.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Msg&Data Rates May Apply.

$10 Donations
A donation of $10.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $10.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Msg&Data Rates May Apply.

Recurring Donations
In the event you have elected to contribute donation amounts on a monthly basis, you authorize The mGive Foundation to add such donation to your mobile phone bill on a monthly basis. In addition to your donation, standard text messaging and/or additional rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Msg&Data Rates May Apply.

4. 4. Help, Cancellation and Additional Information:
If you would like to receive help, please send "HELP" to the applicable short code (20222, 50555, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 40579).
If you would like to Opt-Out, please send STOP to the applicable short code (20222, 50555, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 40579) .
For support please email care (at) mgive dot org or call 888-849-8863.

5. 5. Service, Warranties and Liability:
This service is available through the following wireless operators: AT&T, Nextel, Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, and Verizon Wireless.
The mGive Foundation is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided "as is" with no warranties by The mGive Foundation or its agents, licensors, business partners, charities and/or suppliers (collectively the "The mGive Foundation Parties"). The mGive Foundation Parties 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. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. You understand and agree that you use the services and/or donate through The mGive Foundation at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data.

When making a donation through The mGive Foundation service, a variety of personal information will be collected and shared with the organization to which you have designated your donation. The mGive Foundation and designated organization may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.

EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MGIVE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.

You agree to indemnify and hold harmless The mGive Foundation and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

THE MGIVE FOUNDATION'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE. (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL THE MGIVE FOUNDATION OR THE MGIVE FOUNDATION PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.

6. PRIVACY: For additional information regarding the use of information collected in connection with the service, please refer to the privacy policy at http://www.mgive.org/privacy.

7. General:
Promotions and Advertising. The mGive Foundation and/or its business partners may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither The mGive Foundation nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.

These terms shall be governed by the internal laws of the State of Colorado, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Denver County, Colorado or the United States Federal District for the District of Colorado to resolve any disputes arising under this Agreement.

These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of The mGive Foundation to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.

If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.
The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation.

Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to The mGive Foundation addressed as follows:

Email: care (at) mgive dot org

Phone: 888-316-2560

US Mail:

The mGive Foundation, Inc.
2150 29th Ave. Ste 200
Denver, CO 80211
Attn: General Counsel

The mGive Foundation may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.

SMS Terms and Conditions

1. In addition to any entry, submission, subscription or other fee of which you are notified, your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence.

2. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS message services are provided on an as is basis.

3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us.

4. If at any time now or in the future, you elect to cancel your subscription of mGive SMS Alerts, you can unsubscribe at any time by texting 'STOP' to the shortcode you want to stop receiving messages from (eg. 90999, 41010) .

5. No refunds for your early cancellation of mGive SMS Services.

Textsday.mGive.com Terms