LAST UPDATED July 7, 2023
When you make a donation through ColoradoGives.org, you may receive occasional emails from us. If you do not wish to hear from us, simply use the unsubscribe feature on these emails and/or contact us directly at firstname.lastname@example.org.
Eligibility and Registration
If you choose to create an account with us, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile. Once created, the user profile will be viewable by the general public (You may, however, disable this option at any time via your profile settings).
You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing email@example.com.
The Website features thousands of charities and other qualifying tax-exempt organizations registered as pre-approved charities to receive donations from the Foundation (“Registered Charities”). As a registered user, you may use the Website to fundraise for a cause of your choosing provided it is for a Registered Charity. In creating any Fundraiser through our service:
Children under the age of 13 must have a parent or guardian register in his or her own name and ensure that the child's participation as a Fundraiser complies with these Terms and is under the parent or guardian’s control and supervision. The parent or guardian shall be solely liable for the child's actions in relation to fundraising on the Website. If you are between the ages of 13 and 17, by creating a Fundraiser, you acknowledge that you have your parent or guardian’s permission.
Special Rules for Charity Fundraisers
You agree and acknowledge that if you create a Charity Fundraiser, you are fundraising on the Website 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 Website.
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 but not limited to 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 Fundraising Page. For instance, you may ask your friends to donate to the Registered Charity, through your Fundraising 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 Registered Charity itself. You agree that neither Colorado Gives, Colorado Gives Foundation, their sponsors and affiliates, and their respective officers, directors, shareholders, members, managers, employees, and agents (collectively, “Colorado Gives Parties”), endorse, authorize, or approve 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 none of the Colorado Gives Parties 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 written permission to do so.
Limited License and Acceptable Use
We hereby grant you a limited, non-exclusive license to create fundraisers on the Website and to use the photos, videos, graphics, information, other online tools and resources, and related services available on the Website (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.
Tax-Deductible Contributions to Charitable Causes
Donations made on the Website in support of Registered Charities, or fundraisers connected to the organization (“Projects of Registered Charities”) (collectively, “Charitable Causes”) are complete and final charitable gifts to Colorado Gives Foundation and are not refundable. Colorado Gives Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code. Your donation to a Charitable Cause made through the Website goes to and will be receipted by Colorado Gives Foundation.
Charged Back or Refunded Donations
In accordance with IRS regulations, Colorado Gives Foundation enforces a strict “No Refunds” policy for contributions. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary.
Plaid Payment Processing
Colorado Gives Foundation offers payments through Plaid (“Plaid”), a third-party payment processor.
We take security seriously and we take reasonable measure to protect our user’s information. All transaction and credit card information are processed by third parties who are required to encrypt user information using SSL certificates and to undergo regular scans for PCI compliance. We are not, however, responsible for any information you share with other users of the Website or other third parties.
Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the Website. 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. Colorado Gives Foundation 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 Website, 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 receiving a charitable donation. Additionally, you cannot restrict your donations to Registered Charities for partisan political purposes, to pay for memberships, dinners, or for other activities that provide a person with a personal benefit, to purchase raffle tickets, to pay for any personal expenses of relatives (including but not limited to tuition), or to provide any more than insubstantial benefit to an individual.
Ultimate Responsibility for Donor Expressions of Preference about Use of Funds
The Website provides an opportunity for you as a donor to indicate preferences for specific use of the funds you donate in fields provided on the donation form. If you express such a preference, it will be noted in the donation report made available to the applicable Registered Charity Admin(s) and/or Fundraising Page Admin. However, indication of such a preference does not guarantee you that funds will be used in a manner consistent with any such preference, and Colorado Gives Foundation is not responsible for or shall not be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligations or donor restrictions.
Giving Card Redemption
Redemption of a Giving Card can be used by the recipient for contributions to Registered Charities on the Website. Giving Cards have no monetary value, are not refundable, are valid for one year, and may not be sold. Upon expiration of a Giving Card, the value of the card shall be added to the Foundation’s general operating fund. An advisement through redemption of a Giving Card is not a tax deductible contribution. You acknowledge that the prohibitions on receiving any personal benefits described in these Terms, equally apply when redeeming a Giving Card or making any other advisement on the Website.
The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Website and that is used by Colorado Gives and/or Colorado Gives Foundation in conjunction with the services being provided (other than User Content as defined below), including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Website (collectively, "Website Content"), are owned by Colorado Gives Foundation or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the any Website Content, without express written permission from Colorado Gives Foundation or its licensors.
USE OF LOGOS
Unless (1) you have an appropriate license directly from the Registered Charity you cannot use the Featured Charity’s logos or stylized versions of its name (“Logos”) in your Fundraising Page, any other advertising in raising funds for the Featured Charity, and/or with any products or services. However, you may refer to the Registered Charity’s name solely in a generic “fair use” manner without using any of its Logos, or other trademarks.
COLORADO GIVES TRADEMARKS
Colorado Gives Foundation grants you a limited, non-exclusive, royalty-free license to use the trademark “Colorado Gives 365™” solely on your Fundraising Page for purposes of raising funds for your Featured Charity through the Website. We reserve the right to monitor your use of its trademark “Colorado Gives 365™” and to require that you use it in conjunction with its quality control criteria or standards. We reserves the right to refuse or revoke permission to use the “Colorado Gives 365™” trademark any time, including in the event that you violate these Terms and/or engage in any activities which, in Colorado Gives Foundation’s sole discretion, may result in (a) physical or other harm to any person or entity, (b) violation of any third party rights, (c) violation of any law, regulation, or ordinance, (d) damage or tarnishment of Colorado Gives’ or Colorado Gives Foundation’s reputation or goodwill, and/or (e) jeopardy to Colorado Gives Foundation’s tax-exempt status. You may not incorporate any Colorado Gives or Colorado Gives Foundation trademarks within any trademark, trade name, or domain name created by you.
Appropriate User Conduct
The services you are receiving from Colorado Gives (and the collaborative charitable services you may receive from the Colorado Gives Foundation) are provided for personal use to promote grassroots generosity and philanthropic charity. No one may use these services or the Website for any commercial purpose, or for any other purpose without our prior written consent.
You may not use the services provided by Colorado Gives and the Foundation or the Website for any illegal or unauthorized purpose. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.
Appropriate User Content
The Website may allow you and other users to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “User Content”). Colorado Gives permits you to use the Website and the tools provided to you on the Website (“Tools”), and the services provided subject to your acknowledging and agreeing to the following conditions:
User Content posted by yourself and other users of the Website does not necessarily reflect our views.
We will seek to remove or edit, with or without notice to you, any User Content that we deem to be unlawful, obscene, or in violation of these Terms. We may, but are not obligated to, remove any other User Content that we determine in our sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, or infringe or violate any party’s intellectual property or other proprietary rights. Our failure to block or remove any User Content, however, is not a warranty, endorsement, representation, or guarantee regarding such User Content.
The posting of User Content on the Fundraising Page is solely the responsibility of each Fundraiser. Colorado Gives does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and is not liable for any claims, damages or losses resulting from such information, ideas, or opinions.
You have sole responsibility for your User Content and the consequences of posting User Content to the Website. You bear sole responsibility for the consequences of posting User Content.
You agree that the User Content will accurately describe the collection and intended use of contributions made via the Website.
You represent and warrant that your User Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party, including but not limited to that of Registered Charities on the Website
You agree not to:
You agree not to engage in any conduct that:
By posting, uploading, or otherwise sharing your User Content on the Website, you:
You also agree not to knowingly upload, distribute, or otherwise publish any User Content to or through the Website that:
Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)
In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, Colorado Gives hereby serves the following DMCA/OCILL Notice to users of the services provided by Colorado Gives Foundation or the Website that:
Name: Colorado Gives Foundation
Address: 5855 Wadsworth Bypass, Arvada, CO 80003
Disclaimer of Warranties
The Website 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 Website. 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. Colorado Gives Foundation 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. Colorado Gives Foundation 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.
YOU AGREE THAT NEITHER COLORADO GIVES, COLORADO GIVES FOUNDATION, NOR ANY OF THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, AND SHAREHOLDERS 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 WEBSITE OR THE SERVICES PROVIDED BY US (AND YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.
Hold Harmless and Indemnity
Your use of the services provided by Colorado Gives and by Colorado Gives Foundation is entirely at your own risk. You will hold harmless and indemnify us, our officers, directors, employees, and agents from and against any third-party claim arising from or in any way related to your use of the services provided by us or the Website, 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.
Links to Other Websites and Content
We may include links to third-party websites or services and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
We reserve the right to modify or terminate the services you are receiving from us or the Website 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 Website. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Website 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 Website.
The Website is controlled and operated from within the United States. Colorado Gives makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website 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 us and the Foundation and the Website at all times. Colorado Gives Foundation reserves the right to change the Website without notice to you, at any time. You may terminate under these Terms at any time by deleting your Fundraising Page or by emailing firstname.lastname@example.org, or your usage 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 Website immediately ceases.
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 our 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.
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 Colorado without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the state or federal courts located in the Jefferson County, Colorado and the parties hereto hereby consent to the exclusive jurisdiction of such courts.
We may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.
Although such a situation may be unlikely, Colorado Gives Foundation 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 Website, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
Any changes or updates to this Policy will be posted on our Website with the effective date listed at the top. By continuing use of the Website after we post any such changes, you accept the Policy as modified. Please check back often to read the most updated and amended Policy.