Terms and Policies

Posted: 16 February 2016 

The following terms and conditions form a contract between “you” (the user, whether donors, fund raisers, organizations, or other individuals) and Go Jane Give (“we”, “us”, “our”) when you use our platform (“website” or “site” or “platform”) or any of the services Go Jane Give provides as an extension of our platform. When you use our platform or any of the services we provide, including promoting fundraisers on social media platforms and other sites, you agree to the following terms and conditions. Please feel free to get in touch if you have any questions.

Our Privacy Policy below explains how we collect and use your information.  By using our Services, you’re agreeing to be bound by our Privacy Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Age:

In order to use our site, you must be at least 18 years of age. If you are between the ages of 13 and 17, you may only use the site or our services if you have a parent or legal guardian to give consent and supervise. We will remove accounts of users who do not meet the age requirements.

Accounts:

You must register as a user in order to access the services of our platform, and your account must be active. If your account has been restricted, suspended or terminated, you may not use the site for any purpose at any time. You may only use your own account, unless you have permission from another account holder to use her/his account.

Location of Use:

It is prohibited to use or access the Go Jane Give website in locations where its use is illegal to do so. In using the site, you must adhere to all local, state and national laws and other applicable rules and regulations regarding use. Users outside the U.S. are subject to all applicable U.S. laws in using this site or its services.

Disputes:

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Go Jane Give, you agree to try to resolve the dispute informally by contacting support@gojanegive.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Go Jane Give may bring a formal proceeding.

We Both Agree To Arbitrate. You and Go Jane Give agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Utah County, or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Go Jane Give will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Go Jane Give will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or Go Jane Give may assert claims, if they qualify, in small claims court in Utah County, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Go Jane Give agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Utah. Both you and Go Jane Give consent to venue and personal jurisdiction there.

Controlling Law. These Terms will be governed by Utah state law except for its conflicts of laws principles.

What we do:

Go Jane Give helps users raise money for nonprofit organizations (“nonprofits” or “charities”). Our site allows users to raise funds for any 501c3 nonprofit registered with the IRS. This is made possible through an API provided by FirstGiving. The API allows users to select a registered U.S. charity and collect donations online for that charity. FirstGiving handles the vetting of charities, the financial transaction, receipting to the donor and disbursement of money to the intended charity.

Featured Nonprofits:

At any given time, we may feature certain nonprofit organizations for which users can choose to raise funds. However we do not endorse or accept responsibility for any organization or actions of any organization that appears on our site or or any organization that appears in the API database provided by FirstGiving. We may publish information regarding the possible uses of funds donated to particular charities, but we are not responsible for the use of funds donated to organizations using our platform. All donations to charities on our platform are deemed unrestricted funding by the charities. 

In the unlikely event that we become aware that you have selected a charity as beneficiary of fundraiser that is not in good standing with the IRS, we will contact you to select an alternate charity. If after reasonable measures we have not been able to contact you, we will select an alternate charity to receive the funds you raised.

Platform Use:

Our platform provides a way for users to create and share fundraisers for charities. As such our platform may feature individuals, activities, causes and organizations. However, we do not endorse any user, fundraiser, donor, activity, cause, entity, campaign or organization. Go Jane Give does not solicit donations from the public on behalf of any entity, organization or individual. Our platform is intended to faciliate online fundraising for charities by individual users or groups of users.

By using our site, you represent and warrant that (a) you are raising money through activities that are legal under all applicable federal, state, territorial and local laws and regulations; (b) you are raising money for 501(c)(3) nonprofit organizations or registered charities that have and maintain their 501(c)(3) status under the Internal Revenue Service Code; (c) you are eligible to use this site and its services as outlined in the Terms of Use and as permitted by applicable laws; (d) you will use the funds only for purposes you have designated on the site and for no other purpose.

Email Address:

When you set up a fundraising page or create a fundraising campaign on our platform, you will be required to enter your email address. Your email address will be used to send you notices that may be required by law and other communications from Go Jane Give regarding our services. We will not sell or otherwise share your email address or personal information with any third party.

Username and Password:

By creating a username and password and/or URL on the Go Jane Give site, you agree that you will not: (a) choose a username or URL that is owned or subject to the authority of another person or entity without that person or entity’s permission; (b) attempt to impersonate another person; (c) infringe on the intellectual property rights of another person or entity; (d) select a username or URL with the intent to offend another person or entity. Go Jane Give reserves the right to determine if a username or URL used on the platform is offensive or inappropriate and take action at our sole discretion to have it removed or changed. Go Jane Give reserves the right to retract usernames and URLs at any time for any reason.

You are responsible for keeping your password and account safe and confidential. You are solely responsible for any and all activities conducted using your URL, username and/or password, even if those activities are conducted by others. In using our platform you agree to contact us immediately to let us know if your account, username, password or URL is used by anyone or any entity that has not been authorized by you or if you become aware of other potential threats to the security of your account. In the event of the unauthorized use of your password, account, username or URL, Go Jane Give assumes no liability for damage or loss.

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GO JANE GIVE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.

When you use this site, you agree to (a) refrain from any use or practice that would damage or burden the site and its technology in any way; (b) use the site without interfering with the rights of others and without hindering full use of the site by others; (c) avoid any activity that is illegal or offensive; (d) refrain from collecting and/or sharing or distributing the personal information of others without their consent; (e) avoid any activity or behavior that would defame the character of another person; (f) engage in or promote any activity involving alcohol, tobacco, pornography, illegal drugs, gambling or illegal activities in association with this site or its services.

Information:

In using our platform you agree to provide only accurate information as requested on the site or through other Go Jane Give services. You also agree to update your information to maintain its accuracy. In the event that you provide inaccurate information or Go Jane Give suspects that you have provided inaccurate information, we may suspend or terminate your account and/or bar you from future use of our platform and our services.

User Generated Content:

In using our platform and/or its services, you may generate and share text, videos, photos or other content (all considered “User Generated Content”). When you submit User Generated Content to our platform, you grant Go Jane Give perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right to use your User Generated Content at our discretion, and you waive all moral rights.

When you post User Generated Content on our site or while using our services, you agree that you will not (a) post or use any content that is obscene, libelous, defamatory, threatening, harrassing or that compromises any other person’s or entity’s legal rights in any way; (b) publish sensitive information about another person or entity; (c) use the site or services for any commercial, marketing, advertising or solicitation purposes; (d) engage in promotions requiring users to provide donations as a condition of entry; (e) use the Go Jane Give name, logo, site content, or services for personal or commercial purposes without the written consent of Go Jane Give.

Go Jane Give has no obligation to monitor User Generated Content, but we reserve the right to do so at our discretion. We shall have the right to remove User Generated Content from our site at any time for any reason. We do not endorse any User Generated Content on our site or used in our name or associated with our services. If you encounter objectionable content on our site, please contact us at hello@gojanegive.org with the subject line “Objectionable Content.” Go Jane Give is not liable for any loss or damage associated with information contained in User Generated Content on our site or in conjunction with our services.

Donors:

Any person, organization or entity that donates funds through the Go Jane Give platform (“donor”) is subject to the following terms:

  1. Donors assume all risk of donations. We encourage you to only donate to individuals, fundraisers and/or organizations you know and trust. Go Jane Give does not assume any responsibility for the use of donated funds to individual fundraisers or the charities represented on our site.  
  2. We understand that your donations may represent money collected from other individuals through your own activities.  You are solely responsible for any of these activities, including compliance with all laws and for any claims or disputes involving your own donors or potential donors. We will not have any pass-through relationship or obligations to your own donors.
  3. Charities that receive donations through our site determine the use of donated funds. Donors may not specify the use of donated funds in any way. Information published on our platform about the potential uses of donated funds does not constitute a binding agreement. All funds donated to charities through the Go Jane Give platform are directed to charities as unrestricted funding.  
  4. When you donate money through this site, you represent and warrant that you are authorized to make said donation using the payment method you have chosen and that it is legal to do so in your jurisdiction.
  5. By donating money through this site you agree that all donations are final and non-refundable and that applicable transaction fees will be charged through your selected payment method.
  6. Donors should consult with tax professionals regarding the tax-deductibility of their donation or regarding applicable tax credits. Go Jane Give does not make any representation as to whether your donation or any portion of it or if any transaction fees are tax deductible. Go Jane Give will assume no liability for any claim from any tax authority regarding any tax return or donation by you or any user, charity or entity on our site.
  7. In order to provide an official donation receipt, donors must provide the required information at applicable prompts.

Fees:

All donations that you collect on your fundraising page are sent to your charity of choice by FirstGiving, our API partner. FirstGiving deducts a 4.25% fee from every donation to cover payment processing and donation disbursement. Go Jane Give does not determine this fee, and we do not receive any of this deduction.

Go Jane Give does not charge compulsory platform fees. To keep our servers running, we rely on voluntary donations from our users. We are a 501(c)(3) nonprofit charitable organization. Each time a donor makes a donation to a fundraising campaign, s/he has the opportunity to add an extra 5-20% to the donation to help cover our costs at Go Jane Give. This is an optional fee, and users can remove this charge at their discretion before they complete their donation. Once the donation is complete, it is non-refundable.

Copyright:

Go Jane Give owns this site and its attendant services and all content, text, photos, designs, artwork/illustrations, graphics, video, audio, information, text, URLs and may not be used, reprinted, modified, distributed, reproduced or transmitted for any purpose without the written consent of Go Jane Give. All rights are reserved.

Termination:

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.

Limitation of Liability:

When you use this Site, you agree that Go Jane Give shall not be responsible for any damages or losses that may result from the fundraising activities or events associated with the site. In using this site, you release Go Jane Give and its volunteers, agents, board members, advisors, officers, representatives, subcontractors, directors, employees and affiliates from all damages, demands or claims, known or unknown, that are related to any dispute about our platform or service.

Go Jane Give and its third-party providers, vendors and subcontractors shall not be liable for any damages, including attorney’s fees, arising out of the use of our site or services or arising out of any donation made through our site or any activity associated with our site. Go Jane Give will not be liable to you under any circumstances. Your rights may vary depending on where you live.

In using this site and/or services, you hereby release Go Jane Give, its third-party service providers, suppliers, subcontractors and vendors and each of their agents, employees, officers, directors and volunteers from any and all claims, damages and demands of any kind arising out of or associated with this site and its services or any information provided on this site or in association with our service.

By using this site, you agree to indemnify Go Jane Give, its officers, board members, employees, directors, affiliates, agents, and volunteers against any and all costs, liabilities, losses, damages, claims and demands that result from your use or misuse of our site or services.

Changes to our Terms of Use:

Go Jane Give may change these terms at any time by posting changes on our site. If we undertake substantial, material changes to these terms, we will notify you via the email address you provide when you register. Changes take effect when they are posted. We may also post additional terms or rules of use of the site. When you use this site, you agree to these rules and to any changes made to our Terms of Use and Privacy Policy at any time.

Privacy Policy

In using our site or services you agree to our Privacy Policy outlined below.

Personal Information:

Your privacy is very important to us. We do not share, sell or otherwise distribute your personally identifiable information (PII) to any third party, except in the case of rare legal, compliance and security issues where we may disclose information to relevant bodies (see “Legal Compliance” below). We collect personal information on our site to enhance the quality of our services and to comply with legal requirements.

To understand how our users interact with our site, we use Google Analytics. Google assigns unique ID numbers to each user, but we never combine your personal information with this ID when we analyze site activity. Google Analytics is subject to its published terms of use.

Security:

We have taken standard, commercially-available measures to secure your personal information, but no site can guarantee complete security. In the event of a security breach, we will notify you by email if it is reasonably possible to do so in order for you take appropriate steps. You use this site at your own risk.

Credit Card Information:

Go Jane Give does not collect or store credit card information used on our site. All credit card information is managed by FirstGiving, which provides the API on our site that collects donations and disburses them to charities. All donations collected on the site are handled by FirstGiving and all information provided in the donation payment gateway is subject to FirstGiving’s terms and policies. FirstGiving’s collection and disbursement service is PCI Level 1 compliant, the industry-leading security standard. Please refer to FirstGiving for more information. When you make a donation using the Go Jane Give platform, you agree to FirstGiving’s terms and policies.

Use of Personal Information for Legal Compliance:

We may share any information submitted to our site to comply with governmental requests or applicable laws, regulations or legal processes. If we believe a user’s activities are in violation of our Privacy Policy or terms of use or in violation of applicable laws, we may disclose that user’s PII without a court order, warrant or subpoena at our sole discretion. To protect the safety, security and rights of those affiliated with Go Jane Give or to prevent or address issues related to fraud, we may share information, including PII, with relevant organizations and governing bodies.

Suspended or Terminated Use:

You agree to the terms of use and privacy policy of this site effective the first time you create an account or log into our site. Go Jane Give reserves the right to suspend or terminate any and all services of any user at any time with or without reason. If you have collected donations prior to termination or suspension, those donations will be directed to your charity of choice if that charity is in good standing with the IRS. If you would like to terminate your account, please contact us.

Publicly Available Information:

There is no expectation of privacy or confidentiality for any personal information you post publicly on the Go Jane Give site. Be aware that any information you post publicly can remain in archives or in other people’s files if it has been copied, even if you take it down. If you would like Go Jane Give to remove information you have publicly shared, please contact us at hello@gojanegive.org, with the subject line “Remove My Info”. When you create a profile on Go Jane Give, it will be publicly available.

We may ask certain users for permission to feature them and their fundraising activities on our platform and in our social media communications. If you agree to be featured (an email consent constitutes an agreement), any photos or information you submit to us may be used on our site or in our other media and social media communications at our sole discretion. We submit features you have consented to for you to review before we post them. If we do not receive requests for changes from you within one week of our request for you to review, we will post the feature at our discretion. You can request that your photos and information be changed or removed at any time, and we will take all reasonable measures to do so. Remember that images and information may be stored, copied and cached by others even after changes are made. There is no expectation of privacy for photos taken in public gatherings, but we will always take reasonable measures to remove photos when reasonable requests are made.
Indemnification:
By using this site, you agree to indemnify Go Jane Give, its officers, board members, employees, directors, affiliates, agents, and volunteers against any and all costs, liabilities, losses, damages, claims and demands that result from use or misuse of our site or services.
Links to Third Parties:
From time to time we may post links to third party websites on our platform or in our social media communications. We are not responsible for the privacy and security of information collected on those sites. It is your responsibility to review their policies before you provide information to them. We do not endorse any person, organization or entity associated with third-party links on our site and you use third-party links at your own risk.
Changes to Our Privacy Policy:
We may change this privacy policy in conjunction with changes in our organization. If there are substantial, material changes to the policy, we will notify you via email. You always have the option of changing or deleting your account information at any time.