Gaingive – Fundraising
Gaingive LLC operates a website located at www.Gaingive.com (collectively with any other website or application operated by Gaingive, “Site”). Gaingive allows Organizations (as defined below) to create a custom portal to share with their Supporters (as defined below) and earn cash back for purchases. It is designed to promote fundraising efforts year-round by turning purchases of Supporters/Members into cash contributions to Organizations with which they have an interest (“Intended Purpose”). Partnering merchants pay a commission to Gaingive. Gaingive keeps a small percentage of commissions from each purchase and reverts a portion as a donation from the member to the applicable cause of members choice. Commissions are labeled. Gaingive may reject a fundraiser or User for any reason, at any time, in its sole discretion.
Gaingive represents the individual user of the Gaingive.com service, not advertisers, sponsors, or causes. An individual who signs up with Gaingive.com becomes a member enters willingly into this agreement.
Money is earned by members and is credited to members’ cause of choice accounts via the service provided by Gaingive.com. Gaingive.com is providing a service to its members, not to causes. Any taxes on this are the responsibility of the member.
Money earned by non-members is credited to the account of the cause they’ve selected. Members must successfully “log in” prior to utilizing this site and its services in order to receive credit. No money is earned by non-members if he or she has not selected a cause before utilizing the site or services.
Gaingive may update this Agreement in its sole discretion, at any time, in whole or in part, without prior notice. User’s continued use of the Site after changes are posted will constitute User’s acceptance of such changes. If User do not agree with the changes, please do not continue use of the Site.
Gaingive also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site. User’s continued use of the Site constitutes User’s agreement to comply with these additional rules. Those additional terms promulgated by Gaingive will control in the event of any conflict with these terms.
In order to use the Site as an Organization, Admin, or Team Member, such User must set up an account (“Account”) and Supporters may set up an Account or provide a one time guest user purchase. All account holder must be at least 13 years of age or older and no person under the age of 13 should use the Site. Use of the Site shall be deemed to be a representation that the User is 13 years of age or older. Admins must be at least 18 years of age or older and no person under the age of 18 should be an Admin or otherwise receive payment. Use of the Site as an Admin shall be deemed to be a representation that the User is 18 years of age or older.
A User agrees to this Agreement and any additional terms set forth in the Account creation or one-time payment option, as applicable, by use of the Site. User will protect and not share its username and password. User may not permit third parties to use User’s Account. User accepts responsibility for all activity on its Account, any fees charged, or purchases made and the risk of third-party unauthorized access to the Account and other data or information provided by User.
Any use of the Site or Gaingive Information other than as specifically authorized herein, without our prior written consent, is strictly prohibited. Without limiting the forgoing, User is responsible for User’s actions (and the action of any person User permits access to the Site) while accessing or using the Site, and User shall not use the Site in any manner that violates applicable law, contract, intellectual property or other third-party right.
User shall not (and User shall not permit any other person to):
- Restrict or interfere with another User’s ability to use or enjoy the Site.
- Overburden Gaingive infrastructure in any manner or otherwise damage or impair the functionality of the Site.
- Attempt to access any portion of the Site that is not public or override any security measures that are in place.
- Introduce any virus, Trojan Horse, worm or other similarly harmful programming routines or automated systems, including, “robots” or “botnets,” that flood the system with information at an unreasonable rate.
- Impersonate any other person or entity or use any misleading or false information or statements for any purpose, including but not limited to, gaining access to another User’s Account.
- Sell, resell, copy, reproduce, redistribute or display publicly the Site or content on the Site other than expressly permitted by Gaingive
- Modify content on the Site in any way, such as the removal of any proprietary rights notices or markings.
- Create a link to the Site from another website or document without prior written consent.
Gaingive reserves the right to suspend, terminate, or revoke User’s Account access at any time without notice and for any reason, including upon any violation of this Agreement.
The Site and its content are copyrighted by Gaingive, all rights reserved. Any redistribution or reproduction of part or all of the contents of the Site, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, Gaingive and its licensors are the sole owner of: (i) the Site and Gaingive information; (ii) any data or metadata created, aggregated, or generated thereby; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein.
The Site contains material which is owned by or licensed to Gaingive or to which Gaingive otherwise has permission to use. User is hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license for access to and use of the Site for the Intended Purpose during the Term, which access may be revoked by Gaingive at any time.
Content provided by Users (“User Content”) is the property of that User. User hereby grant to Gaingive a royalty free, irrevocable, perpetual, worldwide, transferable license to use, copy, display and make derivative works of the User Content for Gaingive independent business purposes services. User is solely responsible for ensuring User Content and any and all communications regarding User Content sent through or associate with the Site meet any and all laws and regulatory and compliance guidelines that govern User’s entity, industry, or relationship recipients of User Content; including but not limited to privacy advertising, consumer protection, intellectual property or other laws.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to Gaingive, such Feedback is non-confidential and will become the sole property of Gaingive. Gaingive will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge Gaingive will give no credit or compensation to you and you have no rights to the same
Third party Content
Gaingive may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Site or services (“Third Party Content“). The third party from whom or which any such Third Party Content originates is solely responsible for it and Gaingive assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Gaingive has no liability of any kind to User or any third party for any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, not necessarily those of Gaingive.
As stipulated in this Agreement, Gaingive does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party. Gaingive may, from time to time, contain hyperlinks (“Link”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. Gaingive does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. Gaingive has made no attempt to verify any information contained in any such articles. Furthermore, Gaingive is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from Gaingive. User’s visits via Links are at User’s own risk and User acknowledge and agree that Gaingive is not liable, and User’s sole remedy.
Should you believe anything on the Site infringes on any copyright that you own or the copyright of others, you may notify the compliance department at email@example.com. Please include in your notice the following information: (i) signature (physical or electric) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the Site; (iv) information reasonably sufficient to permit contact (e.g., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
Cash Back Donations
When purchases are made after linking from an Organization’s shopping portal, a predetermined percentage of that sale will be given to the Organization as a donation (“Cash Back Donation”) for driving a sale for that merchant, referred to on the site as “Cash Back Donation Value.” The Cash Back Donation value may be modified at any time and only the then current value at the time a purchase clears will be in effect for such purchase. Some merchants may exclude a limited number of products from being eligible for Cash Back Donations. Cash Back Donations are only earned if the purchase is made during the same shopping session after clicking a link from an organization’s shopping portal. In general, you will not earn cash back for any portion of your purchase paid for with coupons, store credit, online currency, gift certificates, loyalty points, or rewards points or purchases made with other companies displayed on a retailer’s website. If a Supporter visits other sites before finalizing a purchase or uses a coupon not provided from Gaingive, a Cash Back Donation may not be eligible. Taxes, shipping and handling, or special services such as gift wrapping are generally excluded from the portion of the sale subject to Cash Back Donation If a Supporter is shopping in a “Private Browser” or “Incognito” or if cookies have been disabled or ad blocking is activated in any way for a browsing session, Cash Back Donations may not authenticate or be tracked properly. Cash Back Donations from purchases will typically post to the fundraiser within 48 hours.
Gaingive makes every effort to comply with customer recommendations and to re-grant the funds to the beneficiary designated by each customer. However, to comply with federal tax laws and Internal Revenue Service regulations, Gaingive is required to retain legal control over any charitable contributions it receives, and must retain the exclusive authority and discretion to re-grant the funds to other charitable organizations as it sees fit. Please note that Gaingive does not make grants to private foundations or to supporting organizations. While unlikely, it is possible that a customer may designate a charity that does not satisfy Gaingive Foundation’s criteria. You therefore acknowledge and agree that, if Gaingive Foundation determines, in its sole discretion, that it would be inappropriate or improper to disburse the funds designated for a particular charity because, for example, the charity is no longer accepting donations, is no longer recognized as a public charity, or is no longer in good standing with state or federal regulators, Gaingive Foundation may, in its sole discretion ask the customer to recommend an alternate charity to receive the donation, or disburse the donation to another charity working in the same issue area (as determined by Gaingive Foundation), with or without notice to the customer. It is the practice of Gaingive Foundation to deliver re-granted funds to any designated charity on no less than a semi-annual basis.
By using the Site to directly donate money to an Organization or purchase a giftcard, a User would make a one-time payment using a third party payment processor. Each User represents that any donation is legal in User’s jurisdiction and that the User is authorized to use the payment method that the User has selected. As a User, it is agreed that (i) transaction fees will be charged to the credit or debit card used through a third party payment processor; (ii) all donations are final and non-refundable.
User agrees to indemnify, defend and hold Gaingive and its affiliates, if any, officers, directors, employees, representatives, and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from: (a) User’s use, misuse or abuse of the Site; (b) User Generated Content (as defined below); or (c) User’s breach of any provision of the Agreement. User will cooperate as fully as reasonably required in gaingive’s defense of any claim. Gaingive reserves the right, at its User’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User. User shall not in any event settle any matter without Gaingive written consent.
USER ACKNOWLEDGES THAT USER IS USING THE SITE AT USER’S OWN RISK. THE SITE, AND GAINGIVE INFORMATION ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GAINGIVE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GIANGIVE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, OR GAINGIVE INFORMATION WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE, OR GAINGIVE INFORMATION. GAINGIVE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS.
LIMITATION ON LIABILITY.
GAINGIVE, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, RETAILERS, AND VENDORS SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS E AGREEMENT, ANY DONATIONS THROUGH THE SITE, USER’S ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES OR THE GAINGIVE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, USER’S USE OF OR RELIANCE ON THE SERVICES, GAINGIVE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GAINGIVE BE LIABLE TO USER FOR MORE THAN FIFTY DOLLARS ($50.00). USER AND GAINGIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SITE OR GAINGIVE INFORMATION MUST COMMENCE WITHIN 6 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USER IN SUCH LIMITED CIRCUMSTANCE. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON WHERE USER RESIDES.
USER HEREBY AGREES TO RELEASE GAINGIVE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS“), ARISING OUT OF OR IN ANY WAY CONNECTED WITH USER’S USE OF THE SITE OR GAINGIVE INFORMATION. If User is a California resident, User hereby waives California Civil Code Section 1542, which states, “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.
Security of the Site.
Gaingive does not ensure or warrant the security of any User Generated Content or User information that User transmits to us, and User does so at User’s own risk.
Mandatory Agreement to Arbitrate on an Individual Basis
Any and all controversies, disputes, demand, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) (collectively “Actions”) between User and Gingive or Gaingive’s employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that User or Gaingive may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In all such cases, any Actions must be commenced within one year after the cause of action arises.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. USER ACKNOWLEDGES, AGREES, AND UNDERSTANDS THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, GAINGIVE AND USER ARE EACH WAIVE YOUR RESPECTIVE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
or by calling 1.800.352.5267. User may choose to have the arbitration conducted by telephone, based on written submissions. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
User and Gaingive must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Arizona.
Governing Law & Venue
These Terms and your access to and use of Gaingive and services will be governed by the State of Arizona, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts sitting in Yavapai County Arizona.
By use of Gaingive, you consent to receive electronic communications from Gaingive (e.g., via email or by posting notices on Gaingive). These communications may include notices regarding User’s Account, such as payment authorizations or password changes, and are part of your relationship with Gaingive. Should User cancel User’s Account or relationship with Gaingive, User may continue to receive promotional electronic communications from Gaingive unless User elects to opt-out of receiving those communications and notifies us of the same.
Gaingive.com performs a service for its members, and is not qualified to offer tax advice on the deductibility of any donation made by the member. This service may allow the rebate provided by the merchant to the member to meet the structural qualifications of the IRS code, so that if donor and donee are qualified, the donation may be taken by the member. The rebate (of money paid by the member to the merchant) provided by the merchant transfers to the control of the member, and the member voluntarily determines whether or not to donate that money, and whether or not to donate it to an organization to which donations are “deductible”, as defined by the Internal Revenue Service under § 170.
Payouts (for Organizations Only)
Subject to the minimums set forth in this Agreement, Organizations that have registered for an Account will receive payment of Cash Back Donations as long as User’s Account is active and has all required information established for payments or the one-time payment form has been properly completed. Gaingive requires a valid email address, legal name, Organization information, and a valid postal address for check to be mailed. Information must be kept up to date or payments could be delayed. If an unauthorized person has registered your Organization, please contact us at firstname.lastname@example.org.
User’s may be able to select an Organization that has not registered for an Account, as long as the Organization is listed on Gaingive.com and meets Gaingive eligibility criteria, which it may modify from time to time at Gaingive discretion. If an Organization has not registered, but does have Cash Back Donations that were allocated to the unregistered Organization by a User, Gaingive will attempt to contact the unregistered Organization with instructions on how to register, using the contact information the Organization has on charitynavigator.org. Please note that donations that have been allocated to an unregistered Organization from Users that made their first supporting purchase more than 8 full quarters ago, and the Organization remains unregistered at the end of the 8th quarter, will be reallocated to other registered charitable organizations.
Minimum amount eligible for payout is $50. A fundraiser will have the opportunity to move funds accrued under $50 to a new fundraiser in an effort to raise more. In the event an Account becomes inactive and there is less than $50 in such account, the User forfeits such amount and Gaingive will retain such amount. Gaingive reserves the right to hold a $50 minimum in any dormant or inactive account for server maintenance and upkeep. Please reach out to Admin@gaingive.com with any questions. Payouts for Cash Back Donation is generally 30 days following the end of each calendar quarter. Transaction closing times vary from merchant to merchant.
Last Updated: 3/29/2019