- Terms of your gift:
Thank you for contributing to The mGive Foundation campaign. Your donation
is to The mGive Foundation (TMF), a 501c(3) public charity, which re-grants
your donation to the charity(ies) you designated through your text message donation.
Your donation will appear as The mGive Foundation on your wireless statement.
Per our agreement with all organizations, and in accordance with the Internal Revenue
Service, the TMF has the exclusive legal control over all donation amounts. If an
organization fails to comply with The mGive Foundation Standards for Participation, the TMF reserves
the right to disseminate donation amounts to a complementary organization.
Please consult your tax or financial advisor for specific questions about your gift.
All The mGive Foundation approved organizations qualify for 501c(3) status and donations should be
tax deductible. Please save your wireless operator bill or print a donation receipt
at www.mgive.org/receipt.
Your donation is immediate and irrevocable. Accordingly, The mGive Foundation cannot refund or
cancel your donation. Please check with your wireless operator for operator specific
refund policies.
- Payment to Designated Organization:
The mGive Foundation collects donations paid by you from your wireless operator. In some instances,
your donation will be deducted from your pre-paid balance with your wireless operator.
The wireless operators remit 100% of your donation to The mGive Foundation. Within 30 days of
The mGive Foundation’s receipt of collected donations from the wireless operator, The mGive Foundation grants
100% of the donation to the designated organization. (There may be some designated
organizations that have permitted The mGive Foundation to grant 5-10% of each donation to The mGive Foundation to cover administrative costs associated with The mGive Foundation’s mission.)
- Donation Types:
$5 Donations
A donation of $5.00 will be added to your mobile phone bill or
deducted from your prepaid balance. In addition to your $5.00 donation,
standard text messaging and/or data rates apply. Please contact your wireless operator
for additional information. All charges are billed by and payable to your wireless
operator. Msg&Data Rates May Apply.
$10 Donations
A donation of $10.00 will be added to your mobile phone bill or
deducted from your prepaid balance. In addition to your $10.00
donation, standard text messaging and/or data rates apply. Please contact your wireless
operator for additional information. All charges are billed by and payable to your
wireless operator. Msg&Data Rates May Apply.
Recurring Donations
In the event you have elected to contribute donation amounts on a monthly basis,
you authorize The mGive Foundation to add such donation to your mobile phone bill on a monthly
basis. In addition to your donation, standard text messaging and/or additional rates
apply. Please contact your wireless operator for additional information. All charges
are billed by and payable to your wireless operator. Msg&Data Rates May Apply.
- 4. Help, Cancellation and Additional Information:
If you would like to receive help, please send "HELP" to the applicable short code
(20222, 50555, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 40579).
If you would like to Opt-Out, please send STOP to the applicable short code
(20222, 50555, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 40579)
.
For support please email care@mgive.org
or call 888-849-8863.
- 5. Service, Warranties and Liability:
This service is available through the following wireless operators: AT&T, Nextel,
Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, and
Verizon Wireless.
The mGive Foundation is not liable for any delays related to the transmission of any text messages,
donations, alerts, etc. Delivery is subject to and dependent upon the applicable
network operator. All services are provided "as is" with no warranties by The mGive Foundation
or its agents, licensors, business partners, charities and/or suppliers (collectively
the "The mGive Foundation Parties"). The mGive Foundation Parties expressly disclaim to the fullest extent permitted
by law all express, implied, and statutory warranties, including without limitation,
the warranties of merchantability, fitness for a particular purpose, and non-infringement
of proprietary rights. Data obtained from you in connection with this SMS service
may include your cell phone number, your carrier's name, and the date, time and
content of your messages. We may use this information to contact you and to provide
the services you request from us. You understand and agree that you use the services
and/or donate through The mGive Foundation at your own discretion and risk and that you will
be solely responsible for any damages to your mobile phone, mobile phone service
or computer system or loss of data that results from the download of such material
or data.
When making a donation through The mGive Foundation service, a variety of personal information
will be collected and shared with the organization to which you have designated
your donation. The mGive Foundation and designated organization may send you additional messages.
If at any time you wish to discontinue such messages, you may opt-out in accordance
with these terms.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MGIVE FOUNDATION DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER
RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY,
SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING
BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS,
OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS,
OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS,
CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED
BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT
WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES,
AND DELIVERABLES PROVIDED HEREUNDER.
You agree to indemnify and hold harmless The mGive Foundation and its agents, employees, representatives,
licensors, affiliates, parents and subsidiaries from and against any and all claims,
actions, demands, causes of action and other proceedings arising from or concerning
your use of the service (collectively "Claims"), and to reimburse them on demand
for any losses, costs, judgments, fees, fines and other expenses they incur (including
attorneys' fees and court costs) as a result of any Claims.
THE MGIVE FOUNDATION’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT
THAT CAUSED SUCH DAMAGE.
(USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE
TERMS.
UNDER NO CIRCUMSTANCES SHALL THE MGIVE FOUNDATION OR THE MGIVE FOUNDATION PARTIES, AS APPLICABLE, BE LIABLE
FOR ANY UNAUTHORIZED USE OF THE SERVICE.
- PRIVACY: For additional information regarding the use of information
collected in connection with the service, please refer to the privacy policy at
http://www.mgive.org/privacy.
- General:
Promotions and Advertising. The mGive Foundation and/or its business partners may present advertisements
and promotional materials on or through the service. Your participation in any promotional
event is subject to the terms and conditions associated with that event. Your correspondence
or business dealings with, or participation in promotions of, any third-party advertisers
on or through the service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such third-party. You agree that neither The mGive Foundation nor its business partners shall be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such third parties on the service.
These terms shall be governed by the internal laws of the State of Colorado, without
giving effect to principles of conflict of laws. You hereby consent to the exclusive
jurisdiction and venue of the state courts sitting in Denver County, Colorado or
the United States Federal District for the District of Colorado to resolve any disputes
arising under this Agreement.
These terms contain the complete agreement between the parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. You agree that any varying or additional
terms contained in any purchase order or other written notification or document
issued by you in relation to the services hereunder shall be of no effect. The failure
or delay of The mGive Foundation to exercise any of its rights under these terms or upon any
breach of this agreement shall not be deemed a waiver of those rights or of the
breach.
If any provision of these terms shall be held by a court of competent jurisdiction
to be contrary to law that provision will be enforced to the maximum extent permissible
and the remaining provisions of these terms will remain in full force and effect.
The enumeration and headings contained in these terms are for convenience only and
are not intended to have any substantive significance in their interpretation.
Any correspondence, notice or request permitted to be given under or in connection
with these terms and conditions or the subject matter hereof shall be sent by prepaid,
certified, first class mail, or courier service with receipt of delivery obtained
directly to The mGive Foundation addressed as follows:
Email: care@mgive.org
Phone: 888-316-2560
US Mail:
The mGive Foundation, Inc.
2150 29th Ave. Ste 200
Denver, CO 80211
Attn: General Counsel
The mGive Foundation may modify or terminate its services from time to time, for any reason,
and without notice or liability to you, any other user or any third party. We reserve
the right to revise these terms by updating this posting. Please review these terms
from time to time so that you will be apprised of any changes. Use of this service
following a change to the terms constitutes agreement to the new terms. If you cannot
comply with the amended terms, your only remedy is to cease any future donations.