Last Updated: August 1, 2022
Colorado Gives Foundation (“Foundation”) welcomes you to ColoradoGives.org (“Website”) which is an online program of the Foundation offered to the philanthropic and charitable communities in Colorado in accordance with the following Terms of Service (“Terms”). By registering to participate in Colorado Gives 365 through the Website, you agree to these Terms on behalf of the participating nonprofit organization (“Registered Charity”) as an authorized representative of the Registered Charity. As used in these Terms, all references to "you" and "your" mean both the Registered Charity and its authorized representative(s), as applicable.
Foundation reserves the right to update these Terms of Service at any time, without prior notice to you. If any changes to these Terms are unacceptable to you, you must cease to participate in Colorado Gives Day and discontinue use of the Website.
You certify that, to the best of your knowledge, all the information entered into your Website profile and all other information you provide Foundation as a condition of participating in Colorado Gives 365 is accurate and correct.
You are responsible for securing usernames and passwords to the admin nonprofit portal. Foundation is NOT RESPONSIBLE FOR UNAUTHORIZED USE of log-in credentials and any fraudulent activities conducted by individuals working for or volunteering on behalf of the Registered Charity.
You agree to immediately notify Foundation should the Registered Charity cease or substantially reduce its operations, change its public charity tax classification, become fiscally sponsored, or should the Internal Revenue Service propose to revoke your Section 501(c)(3) tax-exempt status.
You agree that donations you receive through the Website will NOT be used for the following purposes and that you will not solicit donations through the Website for such purposes. Special instructions provided by the donor that violate these policies and any applicable provision of the Internal Revenue Code, the underlying Treasury Regulations, or other applicable law or regulation will not be honored.
Donations to Participating Organizations shall not be used for the following purposes:
You acknowledge that the Website can only be used to accept charitable contributions that are deductible in their entirety for tax purposes and that the Website cannot be used to process retail sales or payments for "quid pro quo" items.
You agree that Foundation will treat for tax reporting and accounting purposes gifts designated for you through the Website as gifts to Foundation and that such gifts will be processed as having been made to Foundation through Foundation's merchant banking relationships.
You acknowledge that you will have the ability to access all donor contact information once a donation has been processed. You understand that Foundation will not make changes to a donation unless the request comes directly from the donor.
Foundation will withhold a percentage from each donation designated for you to cover Foundation’s fees and expenses associated with the Website.
You acknowledge that Foundation will make one disbursement to you for each processing period of the total amount of the gifts made through the Website designated for you, less applicable fees.
You acknowledge that Foundation will make disbursements to the bank account you provide to us and that you are solely responsible for ensuring the proper account information has been provided.
You acknowledge that Foundation reserves the right to adjust donations as appropriate, and that Foundation reserves the right to invoice you to recuperate any funds as necessary (e.g., credit card charge backs).
Foundation reserves the right to customize the experience on the Website based on user online behavior, past purchases, and cookie data. Foundation may communicate with donors and other users of the Website (e.g., abandon cart emails, user opt-in marketing messages, updates on charities, noteworthy developments in philanthropy, or seeking feedback through surveys).
You agree to publicize your relationship with Foundation in all appropriate media, including your annual report, website, newsletters, press releases and email communications, and to use the Foundation logos and trademarks, including Colorado Gives Foundation, Colorado Gives 365, and Colorado Gives when doing so. Foundation grants you a revocable, limited, royalty-free, non-transferable, and non-exclusive license to use its logos and trademarks solely for such purpose.
If you engage in social media such as Facebook, Twitter, etc., you agree to use such social media in reasonable and appropriate ways to support the Foundation, Colorado Gives 365, and the Website.
You further agree to participate in user surveys (grant reports), and to use the Website in the spirit in which it was created, including but not limited to being responsible for reviewing and complying with materials sent to you including, but not limited to the electronic newsletter and disbursement emails you receive from the Foundation.
You understand that you are solely responsible for reviewing and approving fundraising pages created through the Website for your support and that Foundation has no responsibility for the content of such pages.
You understand that the Website is a tool to allow donors to donate to charities on their own initiative and that it is not intended as a vehicle to facilitate gifts that you have already solicited through other means (e.g., telethon, in person donation events, etc.).
You agree that Foundation may identify and publicize a Registered Charity by name and any online donation results related to a Registered Charity in various promotional materials in any format whatsoever, in its sole discretion.
You understand that Foundation has the right to use for its own purposes all data you enter into the Website for purposes that include but are not limited to analyzing trends, understanding results, and assessing patterns.
Foundation may, but is not obligated to, remove with or without prior notice to you content you post (“Registered Charity Content,” as further described below) that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing or in violation of any party’s intellectual property or other proprietary rights, or in violation of these Terms or applicable law. Foundation’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.
You agree that Foundation may remove your profile from the Website in sole discretion at any time, without prior notice to you.
You understand that Foundation continually seeks ways to support Registered Charities and that Foundation may discontinue such support at any time.
FOR ENTERPRISE ZONE & CHILDCARE CREDIT ORGANIZATIONS
Although Foundation will issue the donor a tax receipt to substantiate the donor’s federal charitable tax deduction, you are responsible for determining the extent to which a donation designated for you through the Website is eligible for the applicable enterprise zone or childcare tax credit. You shall also be responsible for issuing the required tax credit certificate to any donor who has designated a gift to you.
By agreeing to these Terms, you hereby authorize Foundation to act as your agent in providing you with certain donor information so that you can provide donors with such tax credit certificate.
REGISTERED CHARITY CONTENT
Registered Charity Content posted by you and other users of the Website does not necessarily reflect the views of the Foundation, its sponsors, and their respective officers, directors, employees, and agents.
The Website allows you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). Foundation permits you to use the Website, tools, and services provided by Foundation subject to your acknowledging and agreeing to the following terms and conditions:
Advanced services and plans are offered to help organizations improve their online fundraising experience. Payments for such services made to Mightycause Corporation are non refundable and such terms for which payments have been made may not be terminated nor will pro rated refunds be provided. The subscribing organization must notify Mightycause at firstname.lastname@example.org prior to their renewal date as provided in the Advanced services payment receipt and via their organization settings if they do not wish to renew their plan. The organization may also cancel their renewal via their organization pricing settings page. The organization will continue to have access to advanced features until their renewal data. Mightycause may adjust the pricing of the subscription plan upon renewal with prior notice to the subscribing organization.