Terms

/Terms
Terms 2017-07-19T13:59:01+00:00

Terms of Use

Please read these terms and conditions of use carefully before using this site.

The Independent Charitable Gift Fund (iGiftFund) offers this website (the “website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices posted throughout the website. By using the website, you signify your assent to these Terms and Conditions and any subsequent modifications. We may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this website as they are binding on you. If you do not agree to the Terms of Use set forth here, please do not use this website.

 

No Endorsement

Unless otherwise specifically indicated, the presence of information on the website regarding any nonprofit organization does not mean that the iGiftFund endorses or supports that organization. The information is provided by the nonprofit organization itself or obtained from publicly available data. iGiftFund does not guarantee the accuracy of any such data or make any representations or warranties with regard to any nonprofit organization information presented. An organizational profile or other information, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, iGiftFund will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the iGiftFund.

The website may contain links to third-party websites which are not under the control of the iGiftFund. iGiftFund is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. iGiftFund is providing these links to you only as a convenience, and the inclusion of any link does not imply that the iGiftFund endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.

 

No Financial, Legal or Tax Advice
The information on the website is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

 

Personal and Noncommercial Use
The website is for your personal and noncommercial use. As a condition to your continued use of the website, you warrant to iGiftFund that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. Certain information available through the website may relate to various laws. Such information should not be considered legal or financial advice. iGiftFund is not acting as your lawyer or financial advisor. Donors should seek independent professional advice before finalizing a donation to iGiftFund.

 

Use by Persons Under 13 is Restricted
In accordance with federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy, the iGiftFund will not knowingly collect any personal information from young people under the age of 13.  This website is restricted to users over the age of 13. Users 13 or under are welcome to visit this website but should not attempt to participate as an advisor or donor to iGiftFund funds without contacting the iGiftFund to obtain parent or guardian consent or otherwise submit any personal information.

 

Disclaimer of Warranties
Without limiting the foregoing, everything on the website is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the accuracy of the information contained within the website. iGiftFund makes no warranties about the accuracy, reliability, completeness or timeliness of the website content, software text, graphics, and links, or about results to be obtained from using the website or the iGiftFund services.

 

Limitation of Liability
In no event shall the iGiftFund or any third parties mentioned on the website be liable for any costs, damages and expenses whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the website or the content of the website, whether based on warranty, contract, tort or any other legal theory, and whether or not the iGiftFund is advised of the possibility of such damages. iGiftFund shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. $100.00 (one hundred dollars). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

 

Indemnification
You agree to defend, indemnify and hold iGiftFund, its officers, directors, employees and agents, sponsors and grantees, licensors, vendors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the website in a manner that violates or is alleged to violate these Terms and Conditions.

 

Termination
You agree that the iGiftFund may terminate your use of the website if the iGiftFund reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of the iGiftFund or any third party, or for any reason with or without notice to you. You agree that iGiftFund may modify or discontinue the website, with or without notice to you. You agree that iGiftFund will not be liable to you or any third party as a result of such modification or discontinuation.

 

General Provisions
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Notices
The iGiftFund may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the website, or by written communication delivered by first class U.S. mail if you are donor to, or advisor regarding, a fund administered by the iGiftFund.

Statement of Diversity

The Independent Charitable Gift Fund exists to enhance the quality of donors giving. Our ability to achieve this mission and to foster a commitment to excellence can best be pursued if our workforce, grantees, donors, partners, vendors and governing body include individuals of diverse backgrounds, beliefs, and perspectives.

iGiftFund believes that diversity encompasses, but is not limited to, age, gender, race, national origin, religious beliefs, physical abilities and characteristics, sexual orientation, economic circumstances, and lifestyle.  Thus iGiftFund is committed to fostering a supportive work environment that respects and appreciates diversity in its many forms and provides all staff members with an opportunity to maximize the use of their work-related skills and talents. The foundation seeks to work with external organizations that reflect, as a group, the diversity of the community. We look for grantees and business partners that include individuals of varied backgrounds, beliefs, and perspectives. We encourage all organizations with which we work to recognize and embrace the benefits of diversity.

Finally, in order to achieve the highest standards in all our activities, it is important that the iGiftFund benefit from the perspectives of many different segments of the community. Toward this end, we seek to collaborate with donors of varying means and interests. In addition, we encourage those individuals and organizations who appoint members to our board of directors to seek community leaders who will bring varying points of view to board deliberations.

 

Refund Policy

Donations made on the Independent Charitable Gift Fund (iGiftFund) Website (www.iGiftFund.org) and DonorView portal in support of respective donor-advised funds are complete and final charitable gifts to iGiftFund and are not refundable. The iGiftFund is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code which administers a donor-advised fund program. A donor-advised fund is defined by Congress as a public charity that receives completed gifts from donors while allowing them the privilege of advising on their fund(s). Normally your donation to a donor-advised fund made through the iGiftFund Website goes to and will be receipted by iGiftFund as a donor-advised contribution. iGiftFund makes every effort to honor donor advisements and is authorized to do so for grants to IRS-recognized public charities.

It is iGiftFund’s normal practice to follow the donor’s grant recommendations. iGiftFund makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, iGiftFund must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity, to which you have recommended a grant, does not satisfy iGiftFund’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: a the grantee charity won’t or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), iGiftFund will contact you to recommend another charity. For more information please feel free to contact ask@iGiftFund.org

 

Charged Back or Refunded Donations

In accordance with IRS regulations, the iGiftFund enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, iGiftFund 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 iGiftFund staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of iGiftFund. However, if iGiftFund is unable to resolve such cases and the case is referred to pre-arbitration, iGiftFund will accept the Charge Back transaction. Further, iGiftFund 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, iGiftFund 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 $1,000.00 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. iGiftFund retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if iGiftFund 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 iGiftFund 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. iGiftFund 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 iGiftFund 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 iGiftFund. iGiftFund 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 iGiftFund 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 donor-advised fund application form. If you express such a preference, it will be noted in the donor-advised fund account. You hereby acknowledge that any recommendation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations.