Donor Terms of Service
(Effective date: May 1, 2020
These Terms of Service ("Terms") constitute a binding agreement between you and PositivePounders Charitable Giving Fund ("PositivePounders Giving Fund," "we," "our," or "us") and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at
www.PositivePounders.com/fundraiser/hub and any PositivePounders Giving Fund Services as that term is defined in the PositivePounders Giving Fund Nonprofit User Agreement.
By using our Services, you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use PositivePounders Giving Fund.
By making a donation to PositivePounders Giving Fund, you understand and agree that:
- Your donation is made to PositivePounders Giving Fund, a Donor Advised Fund ("DAF (Federal Tax ID: 47-4422863 EIN). PositivePounders Giving Fund receives contributions and disburses those contributions to charities in the form of grants to further charitable and educational purposes. PositivePounders Giving Fund will only make donor-advised grants to organizations that qualify and have been recognized by the IRS as public charities under Sections 509(a)(1) or 509 (a)(2) of the Code, or foreign organizations that, in the sole discretion and determination of PositivePounders Giving Fund, are the equivalent of US public charities or conduct programs that would qualify as charitable and educational under US law. PositivePounders Giving Fund will not grant funds directly to individuals, supporting organizations, or non-operating private foundations.
- When you make a donation to PositivePounders Giving Fund, you may recommend that PositivePounders Giving Fund make a corresponding grant to a charity in the amount of your donation. By making such a recommendation, you certify that the grant will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will be made to satisfy a legally binding charitable pledge, to permit participation in an event (such as a dinner, raffle, or auction), or to pay for goods or services received by you, you family member(s) or any other person. You should be aware that IRS penalties may apply if you recommend a grant that results in impermissible benefits.
- PositivePounders Giving Fund will make every effort to grant the funds you donate to your recommended charity. You acknowledge that any grants made by PositivePounders Giving Fund will be made in accordance with PositivePounders Giving Fund's Donation Delivery Policy. You understand that PositivePounders Giving Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to a similar qualifying charitable organization if it is unable to follow your recommendation.
- As required by law, in order for your donation to a DAF, such as PositivePounders Giving Fund, to be considered tax-deductible, it must be a final and irrevocable gift to PositivePounders Giving Fund. Refunds may only be granted in exceptional circumstances, in accordance with our Donation Refund Policy, and only when the funds have not already been re-granted by PositivePounders Giving Fund to another charity.
- PositivePounders Giving Fund will provide your donation receipt, and you will disregard any additional tax receipt you receive from a benefiting charity as a result of PositivePounders Giving Fund's grant.
- Your personal data, including your name, email address, and physical address (if on file) will be treated in accordance with our Privacy Policy, and unless you have elected to donate anonymously, will be shared with charities who are enrolled with PositivePounders Giving Fund that benefit from your donations to PositivePounders Giving Fund. Your data will not be shared with charities not enrolled with PositivePounders Giving Fund, since they have not provided a secure means for us to transmit that data, and have not agreed to use information about you in accordance with the terms of our Privacy Policy.
- PositivePounders Giving Fund does not charge any fees for contributions made to it. However, certain partners may deduct from your contribution processing or platform fees pursuant to those partners' policies. You acknowledge that partners may deduct such fees, which they will disclose to you at the time that you complete a donation to PositivePounders Giving Fund using their site(s) or services.
Indemnity
- You agree to indemnify, defend, and hold harmless PositivePounders Giving Fund and its affiliates and each of its and their officers, directors, employees, agents, and assigns ("PositivePounders Giving Fund Indemnitees") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to (a) your use of, or activities in connection with, PositivePounders Giving Fund; or (b) your violation of these Terms. PositivePounders Giving Fund reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PositivePounders Giving Fund's defense of such claim.
- Furthermore, you hereby irrevocably waive and release the PositivePounders Giving Fund Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of PositivePounders Giving Fund. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this paragraph.
Agreement to Arbitrate
- You acknowledge and agree that any and all claims, controversies, or disputes between you and PositivePounders Giving Fund (including without limitation those involving federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
- You and we agree that each of us may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other donors or charities. If a court decides that any provision of this paragraph is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this Agreement to Arbitrate shall be arbitrated under its terms.
- The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Any arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, PositivePounders Giving Fund does pay filing, administration, or arbitrator fees associated with the arbitration. Any arbitration award issued by the arbitrator(s) shall be final and binding and shall be enforceable in any court of competent jurisdiction.
Donation Delivery Policy
(Last updated on May 1, 2020)
Donations Made to PositivePounders Giving Fund
All donations made through PositivePounders Giving Fund programs are made to PositivePounders Giving Fund, a Donor Advised Fund ("DAF") recognized by the Internal Revenue Service ("IRS") under Section 501( c )(3) of the Code as a tax-exempt public charity (Federal Tax ID: 45-0931286), with each donor recommending a charity to which the donor wishes the funds to be granted. PositivePounders Giving Fund reviews all such recommendations under the terms set forth in the Donor Terms of Service. By using the PositivePounders Giving Fund, Donors acknowledge that their donations will be granted to recommended charities pursuant to such Donor Terms of Service. Donors will receive a date-stamped receipt of donation from PositivePounders Giving Fund marking the date the donation was made to PositivePounders Giving Fund. All grants made by PositivePounders Giving Fund are effected in a manner that is consistent with our policies and applicable laws and regulations.
The PositivePounders Giving Fund enrollment status of a charity will determine the method and speed at which we grant funds to that charity. As described below, PositivePounders Giving Fund pursues multiple specified steps to grant donations it receives to its donors' recommended charities. Pending distribution of grants, PositivePounders Giving Fund holds all donations in a secure, non-interest bearing bank account.
Enrolled Charities
PositivePounders Giving Fund grants donated funds to charities enrolled with PositivePounders Giving Fund ("Participating Nonprofits" pursuant to the PositivePounders Giving Fund Nonprofit User Agreement) on a monthly basis on or around the 25th day of each month, typically 15 to 45 days after PositivePounders Giving Fund's receipt of funds. This schedule enables us to streamline processing by providing a lump sum payment to the charity, making it simpler for the charity to identify our payments and account for the funds we have raised. We distribute grants to enrolled charities via PositivePounders as we have determined this to be a fast, efficient, secure, and cost-effective way to do so. Donors can be confident their donations will reach their chosen charities securely, and the charities receive the payments into their PositivePounders accounts quickly and free of charge. Enrolled charities can also review the donations granted to them by PositivePounders Giving Fund, including donor details (except when donors choose to give anonymously), on their PositivePounders Giving Fund dashboard, accessible via their PositivePounders account. Please see our Nonprofit Certification Policy for more information about enrollment.
Unenrolled Charities
Through certain partner programs, donors may have the option to recommend that we grant the funds they donate to charities that have not yet enrolled with PositivePounders Giving Fund. PositivePounders Giving Fund attempts to grant donations made to benefit charities that have not enrolled with PositivePounders Giving Fund after making reasonable attempts to contact them and invite their enrollment in PositivePounders Giving Fund. We receive information about these charities from our partnership with GuideStar. We will grant funds to an unenrolled charity provided that (1) we have been able to confirm that the charity complies with the requirements of our Nonprofit Certification Policy, and (2) we have verified the charity's identity and conducted an appropriate level of due diligence into the charity, its officers and directors to confirm that it does not promote hate, violence, or racial intolerance, and does not engage in money laundering or other illegal activities.
We will first notify an unenrolled charity about PositivePounders Giving Fund's intent to grant it funds the month after donors have first indicated a desire to support it, and we will invite the charity to enroll with PositivePounders Giving Fund, enabling it to receive funds quickly and securely, and to review details of its donors. We will make multiple subsequent attempts to contact unenrolled charities, via email, letter and, in some cases, by phone. If a charity does not enroll with PositivePounders Giving Fund, we endeavor to deliver the grant funds by other appropriate means, including via check, typically within 90 days. If a charity does not enroll and we are unable to pay the charity by check (e.g., a check is returned or is not cashed within the time period specified on the check), we may, at our discretion, remove the charity from our directory of eligible charities and reassign funds in the manner described below.
Expediting Payments In Response To Disasters
In response to natural disasters, humanitarian crises or other events requiring urgent action, PositivePounders Giving Fund may seek to accelerate the payment of grants to charities undertaking relief and recovery work. We aim in those circumstances to help enable access to funds as soon as they are needed. However, we aim only to grant funds to charities that meet the requirements of our Nonprofit Certification Policy, and certain checks we carry out to protect donated funds are mandated by regulations and take time to complete.
Donation Refund Policy
(Last updated on May 1, 2020)
PositivePounders Programs
All donations are gifts made voluntarily to PositivePounders Giving Fund, with no conditions. Donors receive a tax receipt from PositivePounders Giving Fund at the time of the donation. Donors who request refunds may not be eligible for tax deductions on their refunded donations.
Each month, PositivePounders Giving Fund grants will fund to enrolled charities. PositivePounders Giving Fund does not provide refunds on donations that we have already granted to a charity. Donors who wish to request a refund for a donation that has already been granted should contact the benefiting charity directly.
Refunds may be granted at PositivePounders Giving Fund’s discretion. Refunds are granted only in exceptional circumstances, and only when the funds have not been granted to a charity.
Nonprofit Certification Policy
(Last updated on May 1, 2020)
About Our Directory
We believe that a wide array of charity choices is central to increasing overall charitable giving. As such, we provide donors with a large directory of charities to which PayPal Giving Fund may grant funds. All donations are made to PayPal Giving Fund, an IRS-registered 501( c )(3) public charity (Federal Tax ID: 45-0931286).
The PayPal Giving Fund directory includes Participating Nonprofits (hereinafter "enrolled charities") that have opened a PayPal business account, become a PayPal Confirmed Charity, agreed to the PayPal Giving Fund
Nonprofit User Agreement.
On certain partner programs, the directory may also include unenrolled charities that have not agreed to the PayPal Giving Fund Nonprofit User Agreement terms. We receive information about the unenrolled charities through our partnership with GuideStar, a 501( c )(3) public charity that collects, organizes, and presents information about nonprofits in an easy-to-understand, neutral format. Some charities opt out of GuideStar sharing their information with third parties, and we do not receive information about these organizations from GuideStar.