Website Terms of Service
Last modified: October 4, 2012
This World Wide Web site with its home page at "www.GiveBack .org" (the "Website") is an information and interactive community service offered by GiveBack , LLC ("GiveBack ") to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. GiveBack reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
DESCRIPTION OF SERVICE
GiveBack has collaborated with the GiveBack Foundation (the “Foundation”). The Foundation is an independent, 501(c)(3) public charity. GiveBack provides users a platform for creating their own donor advised fund, as well as access to an extensive amount of resources through the Website, including, but not limited to, information about charities and affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”). GiveBack assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user.
Be sure to read the GiveBack Donor Circular, included later in this document, for information about the terms and conditions of participating in the GiveBack donor advised fund.
MONTHLY ACCOUNT FEES
On approximately the first of every month, we will charge $1 per month from your GiveBack account to cover operating costs of the Give Back Foundation. You will see this transaction recorded under My Transactions on your Account Detail page.
If your account balance is zero when we attempt to make the $1 monthly charge, your account will show a negative balance when you log in, and on your account detail page. When you deposit money, or earn future rewards in your account, any negative balance will be cleared automatically, before you make your next donation.
Give Back, LLC reserves the right to change the amount of the monthly charge at its sole discretion. Also, if account holders are members of a participating GiveBack@work company, the monthly account fees may be paid by the participating company.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
Users who wish to create an account on the GiveBack website must also agree to the terms and conditions set forth in the Donor Circular, included later in this document. Users creating such an account are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. GiveBack does not retain liability or responsibility for such use.
LIMITATION OF LIABILITY
GiveBack shall not be liable for any damages whatsoever and, in particular, GiveBack shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, lost revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise, even if GiveBack has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.
GENERAL PRACTICES REGARDING USE AND STORAGE
Users acknowledge that GiveBack may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that GiveBack has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers. You acknowledge GiveBack has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that GiveBack reserves the right to change these general practices at any time with or without notice.
REGISTERED USER CONDUCT
You understand that all information, data, text, photographs, graphics, messages, or other materials publicly posted on the Website by third parties ("Public Content") is the sole responsibility of the person from which such content originated. This means that you, and not GiveBack , bear all risks and liabilities for all Public Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Public Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same message more than once can be considered "spam" or "spamming");
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, transmit or otherwise make available any Public Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a GiveBack official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Public Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge that GiveBack and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Public Content that is available via the Service. GiveBack and its designees shall have the right to remove any Public Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Public Content, including any reliance on the accuracy, completeness, or usefulness of such Public Content.
You acknowledge and agree that GiveBack may preserve Public Content and may also disclose Public Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Public Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GiveBack , its users and the public.
By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of GiveBack . You grant or warrant that the owner of such content has expressly granted GiveBack – a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
MODIFICATIONS TO THE SERVICE
GiveBack reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GiveBack shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that GiveBack , in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if GiveBack believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that GiveBack may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the Service. Further, you agree that GiveBack shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTY
GiveBack makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, accessibility, uptime, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
You agree that you will hold harmless GiveBack and its officers, directors, employees, agents, contractors and volunteers (the “Releases”) from all claims arising out of, or related to, your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will GiveBack or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless GiveBack , the Foundation, and the Releasees from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. GiveBack reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of GiveBack or endorsed by GiveBack . GiveBack may provide links on the Website to other websites which are not under the control of GiveBack . In general, any website which has an address (or URL) which does not contain "GiveBack .com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by GiveBack of the organization or individual operating the Website or a warranty of any type regarding the Website or the information on the Website.
If you wish to make a donation to the Foundation through the Website or through a linked-to website operated by GiveBack ’s payment processor for donations (a "Donation"), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number, and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant GiveBack or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. GiveBack reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. GiveBack or its payment processor may automatically process charges against your selected payment method on the receipt page. GiveBack or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
USAGE OF MATERIAL
Except as to Public Content, and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to, GiveBack , LLC or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without GiveBack ’s prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of GiveBack , provided that the user does not remove any legal notices, including any trademark, copyright or other notices contained in such Material.
TRADEMARKS / RIGHT OF PUBLICITY
All trademarks and service marks appearing on the Website are owned by GiveBack or its licensors or their respective owners, including without limitation the GiveBack logo.
This Website (excluding linked sites) is controlled by GiveBack which is headquartered in New York, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Website both you and GiveBack agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement. You and GiveBack also agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts located in New York City, New York, USA with respect to such matters. GiveBack makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their content are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Hypertext Linking. GiveBack encourages and permits text links to content on The GiveBack Website, www.GiveBack .com, provided: (a) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with GiveBack 's name and trademarks; (b) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than GiveBack is associated with or sponsored by GiveBack ; and (c) GiveBack reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this agreement are expressly canceled.
Welcome to The GiveBack Foundation Donor Advised Fund ("GiveBack Foundation DAF"). This Program Circular ("Circular") is intended to assist you in understanding the benefits of the program as well as the important policies, procedures, rules and restrictions associated with establishing and maintaining an account within the GiveBack Foundation DAF. All activities of GiveBack Foundation DAF and donor participation in the program are subject to the terms and conditions of this Circular. The GiveBack Foundation reserves the right to modify the program and this Circular at any time. In the event of any such modification, this Circular will be updated and published on the GiveBack Foundation’s Website at https://www.GiveBack .com/pages/about/terms.aspx
GiveBack Foundation DAF is not limited to U.S. donors. Nevertheless, all figures in this Circular are in U.S. dollars.
INTRODUCTION TO THE DONOR ADVISED FUND
GiveBack Foundation DAF is a separate fund held by The GiveBack Foundation -- a public charity under the U.S. Internal Revenue Code. For more information about GiveBack Foundation, please visit https://www.Giveback.org/Pages/About/About.aspx
When this Website says that you can “create your own foundation” it means that you can open a donor advised fund account. A donor advised fund account is a charitable giving vehicle administered by a third party (the GiveBack Foundation) and created for the purpose of managing charitable donations on behalf of an organization, family, or individual. A donor-advised fund account offers you the opportunity to create an easy-to-establish, low cost, flexible vehicle for charitable giving as an alternative to direct giving or creating a private foundation. Donors enjoy administrative convenience, cost savings, and tax advantages by conducting their grant-making through the fund. A donor advised fund account is not a private foundation as that term is defined by the Internal Revenue Code.
GiveBack Foundation DAF is a charitable vehicle that offers individuals and groups the flexibility to fund an account with tax-deductible contributions and then recommend grants to benefit U.S.-based charities in good standing at a time convenient to you, the DAF account holder. A donor advised fund account can provide tax benefits, accounting conveniences and simplified charitable giving. Contributions to a GiveBack Foundation DAF account can be made at any time, are irrevocable and are immediately tax deductible to the fullest extent provided by U.S. law.*
ATTRIBUTES OF A DONOR ADVISED FUND
GiveBack Foundation DAF account holders have the opportunity to:
- Make irrevocable charitable contributions to the GiveBack Foundation DAF account from a member’s own credit card;
- Drive bonus dollars to the DAF account through purchases at retail stores who are participants in the GiveBack program;
- Recommend grants to a broad selection of other qualified United States-based charities that are IRS-approved, and in good standing, anywhere in the United States, on your own timetable;
- Receive an immediate tax deduction up to the maximum allowed by law for contributions to public charities.
All contributions and grant recommendations are subject to the review and approval of GiveBack Foundation and its Board of Directors. GiveBack Foundation Directors may delegate any of their powers and authority under this program to employees or representatives of Bank of America or to employees or representatives of GiveBack Foundation.
ESTABLISHING AN INDIVIDUAL ACCOUNT
An individual account is expected to remain in operation for the lifetime of the donor. However, if your account remains inactive for 18 or more consecutive months at any time, your account will be terminated and the funds in the account may be distributed by GiveBack Foundation to GiveBack Foundation DAF's Charitable Operating Fund.
Any individual located anywhere in the world may be a GiveBack Foundation DAF account holder.
||Unlike most other donor advised funds which require a minimum contribution, there is no minimum contribution to open a DAF account. The account can be established by completing an online application (found at www.GiveBack .com).
||After registering a GiveBack account, you will have the option to name the DAF account.
This name will be for your own private use.
||In the event of death or incapacitation of the holder of an account, the next of kin may contact GiveBack Foundation at the address provided at the end of this Circular to obtain the login credentials to the account in order to disburse the funds.
Sufficient proof of death or incapacitation must be provided.
CONTRIBUTIONS TO ACCOUNTS
Contributions may be made by credit card via the GiveBack Website at www.GiveBack .org. Additional funds in your GiveBack Foundation DAF account may be obtained by purchasing merchandise from any of our retail partners. Dollars that are earned through retail partners accrue in an account owned and maintained by GiveBack , LLC. ** These dollars will appear in your account balance at www.GiveBack .com and will be held by the GiveBack Foundation until you have designated a qualified charity to receive them or the account has been terminated in accordance with the terms and conditions set forth in this Circular.
Though GiveBack attempts to show all donations as quickly and accurately as possible in a user’s account on the GiveBack Website, there may be a delay with some transactions. In particular, transactions involving retail partners may take up to 40 days to accrue in your account due to restrictions established by the retailers. Such transactions will appear in your account labeled as “pending” until the retailer indicates that the transaction has cleared.
CONTRIBUTIONS ARE IRREVOCABLE
Once a contribution is accepted, it is an irrevocable charitable contribution to GiveBack Foundation DAF. Accepted contributions are not refundable. In addition, if you receive dollars from shopping with our GiveBack retailers, returning the merchandise will cause your GiveBack Foundation DAF account to be debited the amount that was previously contributed on your behalf by any of our retailers.
CHARITABLE INCOME TAX DEDUCTION
If you are a U.S. taxpayer, you will be eligible for an itemized U.S. income tax charitable deduction on the date that you make your contribution to GiveBack Foundation DAF, subject to applicable limits under federal law. If you are not a U.S. taxpayer, you will not be eligible for such a deduction. As always, you should consult your legal or tax advisor about your personal situation. Rewards dollars earned by shopping at retail partners may not be deducted from your taxable income.
Your deduction is for the amount of your cash contribution made via credit card. Any refuted charges to the credit card that are reversed are not eligible and the donation previously credited to your account balance will be withdrawn.
NON-INTERST BEARING ACCOUNTS
All member accounts at GiveBack are non-interest bearing.
INVESTMENT PORTFOLIO SELECTION
GiveBack Foundation intends to invest the assets maintained in GiveBack Foundation DAF accounts in a combination of investment portfolios, which are managed by GiveBack , LLC. The investment strategy will develop as GiveBack Foundation’s account balances become sufficient to warrant investment. In the meantime, assets will be maintained in cash or cash equivalents to ensure maximum liquidity. The amounts deposited into your account will not be affected in any way by the performance of GiveBack Foundation’s investment strategy.
RECOMMENDING A GRANT
As an account holder, you may recommend grants from your GiveBack Foundation DAF account to qualified charitable organizations. Grant recommendations can be made online via the GiveBack Website at https://www.GiveBack .org/pages/FindACharity/FindACharity.aspx You may request a grant for any charity that is listed. GiveBack retrieves its list of eligible charities from the GuideStar® database (www.guidestar.org) and/or Internal Revenue Service Publication 78. Only eligible charities will be listed on the GiveBack Website.
GiveBack Foundation will review your completed and submitted recommendation. GiveBack Foundation reserves the right to deny a grant recommendation and will notify you generally within 3-5 business days of the denial and request a recommendation for a grant to an alternative charitable organization.
Grants are processed on a monthly basis. If other members have requested grants to the same eligible charity(ies), these grants are aggregated and one payment is made to the charity(ies). Charities will receive payment for the full, aggregate amount from “GiveBack Foundation”. Due to the costs associated with processing small donations, GiveBack Foundation reserves the right to reserve disbursement of funds until the aggregate sum is greater than $25.00.
GRANT AMOUNT AND NUMBER LIMITS
GiveBack Foundation DAF will consider grant recommendations of any value. You are not permitted to make a grant recommendation for an amount greater than your account balance. If the amount of a grant recommendation exceeds the balance of a GiveBack Foundation DAF account, no part of the grant will be made. Instead, GiveBack Foundation DAF will contact you and request that you recommend a grant in a different amount or make an additional contribution to the GiveBack Foundation DAF account.
Number of Grants
GiveBack Foundation DAF allows users to recommend an unlimited number of grants in any fiscal year (January 1 –December 31).
MINIMUM GRANT ACTIVITY
An account is inactive if over the course of 18 months there is no activity in the account such as logging in, making a donation, or earning dollars by shopping at retail partners. We will make every reasonable effort to contact the account holder via e-mail prior to 18 months and encourage him/her to engage in some activity with the account. If the account holder(s) does not respond, we will distribute 100% of the account balance to GiveBack Foundation's Charitable Operating Fund.
U.S. Public Charities Grants can be made only to U.S. public charities that are IRS approved 501(c)(3) organizations in good standing. Grants cannot be made to private foundations.
Non-U.S. Charitable Organizations GiveBack Foundation DAF does not distribute grants to non-U.S. charitable organizations. It may, however, make grants to international organizations that are registered in the U.S. or IRS-approved U.S. public charities that fund and exercise expenditure responsibility over foreign charitable activities.
Pledges & Private Benefit, Etc. Grants may not be used for any pre-existing pledge or any private benefit (such as school tuition or scholarships sent directly to individuals), dues, membership fees, benefit tickets, or goods bought at charitable auctions. Grants also may not be used for lobbying, political contributions, or to support political campaign activities.
Scholarships. Currently, scholarship grants may be made to an educational institution generally and then applied, by the institution, toward a student's education. Scholarship grants cannot follow a particular student chosen by the GiveBack Foundation DAF account holders. The account holders may not choose the individual who receives the scholarship.
Compliance GiveBack Foundation DAF will reject any grant recommendation for improper purposes and will take remedial action if GiveBack Foundation DAF discovers that improper grants have been made. Action may include, but not be limited to, requiring that the grant be returned or that the donor make an additional non-deductible contribution.
RETURNED AND UNCASHED GRANT CHECKS
Any donation checks mailed to a charity and then returned to GiveBack due to non-current mailing information provided by GuideStar ( our charity database for all 501c3 IRS approved charities) will be charged a $5 reprocessing fee and sent to a current address if that can be determined.
If customers or charities require replacement checks for original checks that have not been delivered within 180 days of issue, a fee of $35 to cancel active checks will be charged to cover fees we are charged by our bank.
When checks sent to charities are not cashed after 180 days, we will attempt to contact to the charity to determine if it is still in business and obtain a current address. If this information can be obtained, the check will be reissued and sent less a $10 reprocessing fee. If we are unable to send a new check, users accounts will instead receive a refund for the money donated.
RECORD KEEPING AND REPORTING
GiveBack Foundation DAF will provide confirmations of all account transactions, usually within one business day after the transaction. Contribution confirmations serve as your receipts. Because the IRS requires receipts, they should be kept with your tax records.
SERVICE PROVIDERS, FEES AND EXPENSES
GiveBack Foundation has contracted with GiveBack , LLC to provide information technology management, administrative services and other support services to GiveBack Foundation DAF. GiveBack , LLC charges GiveBack Foundation the return on its assets minus its operating costs, up to a maximum of 1% of its assets. Doing so ensures that 100% of your donation will be used to fund eligible charitable organizations.
ONLINE ACCOUNT ACCESS
DAF account holders may access their account online by logging into www.GiveBack .com with the username and password created at signup. Your account at www.GiveBack .com allows you to:
- See the cash balance of the account (money that you have donated via credit card)
- See the rewards you have earned from retail partners
- Recommend grants to charities
- Review the status of grants that have been recommended
The website also has general information for potential account holders and an online application.
FOR ADDITIONAL INFORMATION
Please contact The GiveBack Foundation Donor Advised Fund at help@Giveback.org.
Information concerning GiveBack Foundation DAF, including financial or charitable purposes(s) may be obtained, without cost, by writing to its principal place of business at the following address:
70 Seaview Avenue
Marine Building East
Stamford, CT 06902
GiveBack Shopping Mall Terms and Conditions
The DataBase Group ("DBG") manages and operates for GiveBack , LLC a shopping portal program (the "Program") enabling users of GiveBack , LLC’s (doing business as “GiveBack ”) website (“the Website” or “the Program Website”) to earn the right to distribute dollars to eligible charities for qualifying purchases made through the Website located at www.GiveBack .com and/or any other domains owned by GiveBack . The Program and awards are made available strictly on an "as is" and "as available" basis. DBG makes no warranties express or implied that the Program will be uninterrupted or error-free.
Please read these Terms and Conditions (the "Terms") carefully before using the shopping services provided on the Website. These Terms constitute the agreement between you, on the one hand, and DBG and GiveBack ("we" or "us"), on the other hand, governing membership in the Program and it is your responsibility to read and understand the Terms before accepting. By enrolling as a member in the Program (a "Member") you agree to be bound by the Terms. Enrollment is defined as using GiveBack ’s shopping portal to make a qualifying purchase at a participating merchant. Participation in the Program is at the discretion of DBG and GiveBack.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS BEING OFFERED TO YOU "AS IS" AND "IF AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DESIGN, ADEQUACY, ACCURACY OR RELIABILITY OF THE WEBSITE. WE DISCLAIM RESPONSIBILITY FOR SOFTWARE DEFECTS, DATA OR TRANSMISSION ERRORS OR DELAYS AND COMPUTER VIRUSES OR FOR YOUR INABILITY TO CONNECT TO THE INTERNET, ACCESS THE WEBSITE OR ACCESS A PARTICIPATING MERCHANT'S WEBSITE.
You acknowledge and agree that we have no control over and are not responsible for the content of, or claims made on, the websites of Merchants linked from the Program Website ("Merchants"). The terms, conditions, warranties and representations associated with any transactions between you and a Merchant are solely between you and the Merchant.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR INTENDED USE OR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE REGARDING THE SERVICES, MATERIALS OR GOODS, ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH A MERCHANT. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND PURCHASE OF GOODS OR SERVICES FROM A MERCHANT ARE AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE, NOR ANY OF OUR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR CONTRACTORS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF A TRANSACTION BETWEEN YOU AND A MERCHANT.
Please refer to each Merchant's website for all terms and conditions relating to a Merchant transaction, including but not limited to, guarantees and warranties, payment terms, shipping, delivery, taxes, return policies and processing of returns. We make no warranties and disclaim responsibility for fulfillment of any transaction between you and a Merchant.
You understand and acknowledge that we may audit all transactions initiated via the Website for which charitable awards are claimed, to verify that the transaction in question qualified for the award, was completed, and has not been canceled or reversed. You understand and acknowledge that if we suspect fraud, that we may investigate and report any evidence, including any personal information gathered during your use of the Website or participation in the Program to law enforcement and other governmental or judicial authorities. We, at our sole discretion, may deny access to the links to Merchants with or without cause at any time.
While we take reasonable steps to safeguard and prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL GiveBack , DBG OR THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Accrual of GiveBack Awards
We will award the right to direct award dollars (“GiveBack Awards”) from your qualifying purchases from Merchants. These award dollars may be directed to any charity registered and in good standing with the Internal Revenue Service as attested to by its presence in the GuideStar database (available at www.guidestar.org). All qualifying purchases will accrue GiveBack Awards according to the schedule displayed for each Merchant. You should read each award offer carefully as certain exclusions may apply. Purchases by customers with a billing address outside the United States, or which involve shipment of items outside of the United States, may not qualify for GiveBack Awards. GiveBack Awards are awarded based on the price of goods or services purchased, excluding shipping, applicable taxes, and any special handling fees, as reported by the applicable Merchant. GiveBack Awards shall be posted to your GiveBack member account when we are notified by the merchant, which may take from 24 hours up to 8 weeks from the date of shipment, depending on the merchant. You agree that we will not be responsible for any delay in posting GiveBack Awards to your account. We reserve the right to reverse any GiveBack Award posted to your account for any valid reason including, without limitation: (i) upon notification by a Merchant of your failure to fulfill the requirements of a qualifying purchase, (ii) if you return, in whole or in part, any goods or services previously the subject of a qualifying purchase, or (iii) if you make a purchase at a Merchant with the intent to defraud. DBG will use reasonable efforts to respond to any inquiries made by you within 3 business days.
We are not responsible for changes to, or discontinuance of, any Merchant, any Merchant's withdrawal from the Program, or for any effect on your ability to accrue GiveBack Awards caused by such changes. We are also not responsible for changes to or discontinuance of any special offer or coupon offered by a Merchant. It is your responsibility to make sure that all Merchant offers are valid. GiveBack Awards may not be made if a Merchant fails to pay a commission to DBG for ANY reason, including bankruptcy.
DBG RESERVES THE RIGHT TO MODIFY ANY GiveBack OFFERS AT ANY TIME WITHOUT NOTICE.
In order for us to award GiveBack awards to you, you must follow certain guidelines to create a qualifying transaction.
- Participate in the program via the GiveBack website at GiveBack.com.
- You must use only valid links within the Website to enter a Merchant's website; and
- You must complete your qualified transaction within any 30-minute session generated when clicking a valid link.
- NOT purchase any items that the Merchant has specifically excluded from receiving a GiveBack Award.
We cannot award GiveBack Awards for any purchase made through a third party retailer or other merchant that may be linked to a participating Merchant's website. If you are in doubt about whether or not you are in a valid session you should reenter the GiveBack .com website, click on the Merchant that you wish to shop at and then complete your transaction.
The design, content and subject of this website are copyright © 2010 GiveBack, LLC.
The DataBase Group(TM), DBG (TM), DBG powered(TM) and the DBG powered logo are trademarks of DBG Partners, Inc. GiveBack ™ and the GiveBack Logo are trademarks of GiveBack LLC. All other referenced trademarks are owned or licensed by the respective parties. GiveBack , LLC may, in its discretion, change the GiveBack program rules, regulations, awards and special offers at any time with or without notice. This means that the accumulation of GiveBack awards does not entitle Program members to any vested rights with respect to such awards or Program benefits. In accumulating awards, members may not rely upon the continued availability of any award, and members may not be able to obtain all offered awards. Any award may be withdrawn or subject to new restrictions at any time.
GiveBack, LLC may, among other things, (1) withdraw, limit, modify or cancel any award; (2) change program benefits, awards levels, participant affiliations, conditions of participation, rules for earning, redeeming or forfeiting award credits, or rules for the use of awards; or GiveBack , LLC may make any one or more of the changes at any time even though such changes may affect your ability to use the awards that you may have already accumulated.
GiveBack, LLC further reserves the right to end the GiveBack program upon six months notice. GiveBack travel awards and special offers are subject to government regulations. GiveBack , LLC is not responsible for products or services offered by other participating companies.