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Terms + Conditions of Use / Privacy Policy

LAST UPDATED FEBRUARY 8, 2018

Please read these Terms and Conditions of Use (“Terms”) carefully before using the inLieu mobile application (the “Service”) operated by inLieu LLC (“inLieu”, “us”, “we”, or “our”). The Give inLieu Foundation (“Foundation”) is a registered nonprofit with 501(c)(3) tax-exempt status, pending, which operates a fund to handle donor advised contributions made using the inLieu mobile application. By using the Service, you acknowledge that you have read and agree to be bound by the following Terms and Privacy Policy, available below, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by InLieu LLC or the Give inLieu Foundation. You agree to be bound by such revised terms as they may be posted from to time. If you do not agree to any of the terms and conditions set forth herein, you may not use the Service.

Registration, Eligibility, and Communications

If you choose to create an account with us, you will be asked to provide an email address, password, and certain personal information, such as first name and last name, in creating your user profile. By creating an account on our Service, you agree to subscribe to newsletters, marketing, or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

You are responsible for all activities occurring under your account and for keeping your login and password secure. You agree that if you become aware of any unauthorized use of your account or other security breach, you will notify us immediately by emailing support@inlieu.com.

This site is intended solely for individuals 18 years of age or older. Any use or access of the site from users under 18 is strictly prohibited.

Donating on inLieu

Tax-Deductible Contributions to Charitable Causes

Donations made on the Service in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts to Give inLieu Foundation and are not refundable. Give inLieu Foundation (the “Foundation”) is a nonprofit public charity with federal 501(c)(3) tax-exempt status, pending, which maintains a fund to handle contributions made using the Service. Normally your donation to a Charitable Cause made through the Service goes to and will be receipted by Give inLieu Foundation. Give inLieu Foundation makes every effort to honor donor advisements.

Give inLieu Foundation makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, the Foundation must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy Give inLieu Foundation’s criteria or otherwise does not enable or accept payment (reasons for this include issues like: they don’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.), Give inLieu Foundation may select an alternate charity to receive your advised funds.

It is the Foundation’s normal practice to regrant 100% less applicable fees per advisement to the qualifying tax-exempt entity and/or cause advised. The applicable fees the Foundation is to retain comprises of $1.00 per advisement transaction for platform costs and the Foundation’s expenses plus 2.2% and $0.30 per advisement transaction for credit card processing costs, a total of 2.2% plus $1.30 per advisement. A regrant to the advised charity and/or cause is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th).

Charged Back or Refunded Donations

In accordance with IRS regulations, Give inLieu Foundation enforces a strict “No Refunds” policy for contributions made to the Foundation. However, the Foundation 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. Give inLieu Foundation staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration, the Foundation will accept the Charge Back transaction. Further, Give inLieu Foundation 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, Give inLieu Foundation will not issue any further regrants of 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 $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization, containing an incorrect name, dedication, or designation, or any other non-financial reason. Give inLieu Foundation retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if Give inLieu Foundation 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.

Payment Processing

Payment processing services for inLieu are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to use the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of inLieu enabling payment processing services through Stripe, you agree to provide inLieu accurate and complete information about you and your business, and you authorize inLieu to share it and transaction information related to your use of the payment processing services provided by Stripe.

Donation Requests Made from Donor Advised Funds (“DAF”)

Lieu has partnered with various institutions that manage/sponsor DAFs.  By selecting to make donations from your DAF you have given permission for Give inLieu Foundation to request funds from your personal DAF and are subject to any fund management agreement and Terms of Service provided by your DAF manager/sponsor.  By agreeing to this agreement or continuing to use the Service, you agree to be bound by those agreements.  As a condition of Give inLieu Foundation enabling grant requests through your DAF, you agree to provide inLieu with accurate and complete information about you and your DAF, and you authorize inLieu to share it and transaction information related to your use of this service. 

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Service. 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. inLieu 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 Service, 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 organization such as Give inLieu Foundation. Give inLieu Foundation may only accept pure contributions and not part gift and part sale transactions.

Donor Information

Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the Service, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Unless you indicate at the time of making your donation that you would like to remain anonymous, we or Give inLieu Foundation will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, your name, email, and transaction accounting details.

Give inLieu Foundation Financial Information

Give inLieu Foundation files the annual Form 990 with the Internal Revenue Service. The IRS Form 990 and audited financial statement will be available upon request by emailing support@inlieu.com

Registered Charities and Administrative Access

The Service may contain information on charities and tax-exempt organizations. The existence of this information on the Service does not constitute as solicitation of donations; inLieu does not engage in any solicitation activities on behalf of any charitable entity.

If you are affiliated with a tax-exempt public charity, you may register to claim Administrative Access to the page featuring your organization by visiting this Service. Your user account with Administrative Access will allow you to function as the page admin of the Registered Charity, and thereby allowing you to create fundraisers connection with your organization (“Projects of Registered Charities”) and access donation and regrant reports for the charity. Additionally, should a Donor provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.

By claiming Administrative Access for a Registered Charity, you agree that:

         ·  You have authority to represent the Registered Charity in completing this registration

         ·  You will provide true, accurate, and complete information through the Service.

         ·  You are solely liable and responsible for all actions taken via your user account.

· You are either an employee or volunteer of the Registered Charity, and are not an independent contractor receiving any form of compensation for these fundraising activities conducted on the Service .

· You do not have authority to act on behalf of, speak for, or obligate inLieu, or inLieu Foundation in any manner, except to use authorized inLieu online tools and materials to raise funds through the Service.

Creating Events

As a registered user, you may use the Service to create events in order to fundraise for a cause of your choosing. Your event may be created to support a Registered Charity, (a “Charity Fundraiser”). In creating any event through our service:

         ·  You agree to provide true, accurate, and complete information.

         ·  You agree that you are solely liable and responsible for all actions taken under your user account.

· You agree that you do not have authority to act on behalf of, speak for, or obligate inLieu, or Give inLieu Foundation in any manner, except to use authorized inLieu online tools and materials to raise funds through the Service.

Special Rules for Events

· You agree and acknowledge that if you create an event, you are fundraising on the Service solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your fundraising activities you conduct on the Service.

· You agree to accurately promote any charity events or activities in accordance with these Terms.

· You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.

Acceptable Promotion of Charity Fundraising Events and Activities

Charity-sponsored events: You may promote fundraising events and activities that are organized, sponsored, or approved by a Registered Charity on your Event Page. For instance, you may ask your friends to donate to the Registered Charity, through your inLieu Event Page, in conjunction with your participation in the Registered Charity’s fundraising events and activities, such as road races, bike-a-thons, etc.

Un-sponsored events: In creating a Charity Fundraiser you may in your sole discretion choose to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as “Events”), which are not organized or sponsored by the charity itself . You agree that neither inLieu, nor Give inLieu Foundation, nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither inLieu, nor Give inLieu Foundation nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Registered Charity, unless you have the Charity’s express permission to do so.

Limited License and Acceptable Use

inLieu hereby grants you a limited, non-exclusive license to create fundraisers on the Service and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Service (collectively, the “Tools”) solely in accordance with these Term of Use for the purpose of raising contributions for the cause advertised on your fundraising page.

Website Content and Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of inLieu LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and

foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of inLieu LLC.

Links to Other Websites

The Website may contain links to third-party websites, including nonprofits and other organizations. inLieu is not responsible for the privacy practice, policies, or content of such websites.

Additional Legal Provisions

Disclaimer of Warranties

The Service and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Service. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. inLieu hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. inLieu is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

YOU AGREE THAT NEITHER INLIEU, THE FOUNDATION, NOR ANY OF THEIR AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE SERVICE OR THE SERVICES PROVIDED BY INLIEU AND BY THE FOUNDATION (AND YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR SERVICES). ANY CLAIMS ARISING FROM THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity

Your use of the services provided by inLieu and by the Foundation is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by inLieu or by the Foundation, or the Service, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Changes to Services, Website, and the Terms of Use

We reserve the right to modify or terminate the services you are receiving from inLieu (and the collaborative charitable services you are receiving from the Foundation) or the Service for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Service. When you first register a user account through the Service, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Service following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the mobile application.

Notices

inLieu may provide you with notices regarding the services provided by inLieu and by the Foundation, the Service, or these Terms by regular mail, email, or postings to the Service.

International Use

The Service is controlled and operated from within the United States. inLieu makes no representation that the Service is appropriate or available in locations outside the United States. Those who choose to access the Service from other locations are responsible for

compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

Term and Termination

These Terms apply to your use of the services provided by inLieu and the Foundation and the Service at all times. inLieu reserves the right to change the Service without notice to you, at any time. You may terminate under these Terms at any time by by emailing support@inlieu.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Service immediately ceases.

inLieu reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Service and/or remove any registration information or User Content from the Service, for any reason (including if you breach of any of the provisions of these Terms of Use). inLieu also reserves the right to change the Service without notice to you, at any time.

Consequences of Termination for Registered Charities

Within four (4) weeks after termination of these Terms of Use, inLieu will cease promoting contributions to Give inLieu Foundation advised for re-grant to you; provide a final account statement; and regrant any remaining balance of contributions previously advised to your benefit.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these

terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.

You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without inLieu’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the state or federal courts located in Travis County, Texas.

inLieu may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

PRIVACY POLICY

LAST UPDATED / EFFECTIVE DATE: FEBRUARY 8, 2018

Your use of the Service constitutes your acceptance of this Privacy Policy (“Policy”). If you do not accept any aspect of the Policy you should not use the mobile application.

This policy is designed to assist you in understanding what information you may be asked to provide, how the information is used and shared, and how you can control the information via our mobile application inLieu (the “Service”) operated by inLieu LLC (“inLieu”, “us”, “we”, or “our”).

Information We Ask You to Provide

If you choose to create an account with us, you will be asked to provide certain personal information, such as first name, last name, and email address. We and our associated charitable organization, Give inLieu Foundation, have access to all information you submit to the Service.

Our Use of Information You Provide

If you create an account with us, we may send a monthly newsletter, system notifications, and other communications to your email. You may opt out of the monthly newsletter by following the unsubscribe link or instructions provided in any email we send.  We will also use the information you submit to the Service to facilitate completion of your donations made via the Service and to provide you with tools to manage and monitor your transactions.

Give inLieu Foundation is an associated independent, nonprofit organization that is the recipient of all donations that are made through the Service. Give inLieu Foundation maintains a donor fund. When you make a donation to Give inLieu Foundation and regrant recommendation (“advisement”) to a nonprofit, you grant us (along with Give inLieu Foundation) permission to access your donation records.

We or Give inLieu Foundation will make available to your selected nonprofit online reports identifying, where available, the name, email, any other optional data provided by you during the donation process and transaction accounting details of the advised contribution.

If you choose to make your name hidden, we will not share your name and we will communicate your desire in our reporting to the advised charity.

Your information may also be provided to third parties – such as (for example) the credit card company, the sponsoring bank, and/or the bank issuing the credit card – for the purpose of processing the credit card (or other) charitable gift transaction. Should you provide us with information related to a matching gift, your information will be shared with third parties for the purpose of processing the matching gift donation.

Neither Give inLieu Foundation nor we will, however, ever share your personal information, donation activity, or email address with any other third party without your prior consent (except as may be required by law – see “Legal Requirements” section below).

We will use your contact information to send you information concerning your donation, including without limitation a donation confirmation and any notices about problems with your credit card.

Security

Give inLieu Foundation takes reasonable measure to protect our user’s information. All transaction and credit card information entering the Give inLieu Foundation system is encrypted using SSL certificates and undergoes regular scans for PCI compliance. We are not, however, responsible for any information you share with other users of the Service or other third parties.

Privacy Protection for Children

This Service is not directed to children under the age of eighteen. In compliance with the Children’s Online Privacy Protection Act, we do not knowingly collect personally identifiable information from persons under the age of 13 through the Service or otherwise. If we later learn that any user is under the age of 13, or that we have inadvertently received personally identifiable information from a user under the age of 13 through the Service, we will take appropriate steps to remove that user’s information from the database and restrict that user’s access to the Service.

Because we do not collect any personally identifiable information from children under the age of 13 via the Service, we also do not knowingly distribute such information to third parties, and we do not condition the participation of a child under 13 in the Service’s activities on

providing personally identifiable information.

How To Review and Make Changes to Your Information

If you are a registered member of our Service, you can make changes to your user account information by logging in to the Service and using the account tools.

Legal Requirements

Although such a situation may be unlikely, inLieu may be required to disclose user information to appropriate authorities in accordance with law, whether by subpoena or other legitimate request, or if, in our business judgment, such disclosure is reasonably necessary to protect the rights, property, or personal safety of our Service, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

Changes

Any changes or updates to this Privacy Policy will be posted on our mobile application, with the effective date listed at the top. By continuing use of the Service after we post any such changes, you accept the Privacy Policy as modified. Please check back often to read the most updated and amended Policy.