Terms and Conditions of The mGive Foundation Service
These Terms and Conditions were last updated on October 24, 2009
The mGive Foundation (TMF) is a 501c(3) public charity that collects premium text
donations from your wireless operator and remits 100% of your donation to your selected
charity. When you donate through a text message campaign through a TMF short code
(90999, 50555, 27722, 864833, 864233, 464329) you are also agreeing to these Terms
and Conditions. Please review them carefully.
If you do not agree with these terms, please do not confirm or continue your donation.
Donations to TMF are immediate and irrevocable.
Participating Carriers
The following wireless carriers support TMF charitable campaigns and generously
remit 100% of your $5.00, $10.00 or $25.00 donation to the TMF: AT&T Mobility,
Cellular South, Cricket Communications, Metro PCS, Sprint PCS, T-Mobile USA, US
Cellular and Verizon Wireless.
In addition to the donation amount, Message and Data Rates May Apply.
Donation Amounts
TMF allows you to donate $5.00, $10.00 and $25.00 one-time donations.
You can send in multiple text message donations for the donation amounts up to a
certain amount specified by your wireless operator. Please feel free to contact
us at care@mgive.org if you have any questions
about your wireless operator’s policy.
If you give a $5.00 donation, a one-time donation in the amount of $5.00 will appear
on your wireless bill or be deducted from your prepaid balance for each text message
donation. Message and Data Rates May Apply. The donation will appear
on your wireless bill. Once you pay your wireless bill, your wireless operator will
remit 100% of your donation to TMF. Please contact your wireless operator if you
have any questions about your wireless bill.
If you give a $10.00 donation, a one-time donation in the amount of $10.00 will
appear on your wireless bill or be deducted from your prepaid balance for each text
message donation. Message and Data Rates May Apply. The donation will
appear on your wireless bill. Once you pay your wireless bill, your wireless operator
will remit 100% of your donation to TMF. Please contact your wireless operator if
you have any questions about your wireless bill.
If you give a $25.00 donation, a one-time donation in the amount of $25.00 will
appear on your wireless bill or be deducted from your prepaid balance for each text
message donation. Message and Data Rates May Apply. The donation will
appear on your wireless bill. Once you pay your wireless bill, your wireless operator
will remit 100% of your donation to TMF. Please contact your wireless operator if
you have any questions about your wireless bill.
Additional Information
In the event that you opt-in to an alert, advocacy or informational campaign with
a TMF charity, you will receive additional text messages from your selected charity.
You can unsubscribe or opt-out from receiving these message in the future at any
time by sending “STOP” to the relevant short code.
You can get help with any campaign at any time by texting “HELP” to the relevant
short code.
You can opt-out or stop a campaign at any time by texting “STOP” to the relevant
short code.
You can get information related to your campaigns by texting “INFO” to the
relevant short code.
If you have any questions about any TMF campaigns or charities, you can always
email us at care@mgive.org or call us at (303)
962-8001.
Your Gift
Your gift will be deducted from your pre-paid balance or added to your wireless
bill.
By participating in a TMF campaign, you have given a donation to the TMF through
your text messages. Your donation may appear as mGive Foundation or your selected
charity on your wireless bill. If you have any questions about a donation or item
on your wireless bill, please feel free to contact us at
care@mgive.org. You understand that your contribution is being made to TMF,
which will distribute your donation your indicated charity. As required by the Internal
Revnue Service (“IRS”), TMF has exclusive legal control over the donation.
You designate your charity by texting a specific word to one of the short
codes listed above. Once you give a donation to TMF, TMFhas exclusive legal control
over the donated monies. In the rare event that a charity you have recommended does
not satisfy TMF’s standards for receiving donations TMF will select an alternate
charity to receive your donation funds.
Tax Deductibility
Your donation is tax deductible. Please talk with your financial advisor to learn
more about your donation. You can print a receipt for your donation at
www.mgive.org/receipt.aspx (receipts will be available soon).
Refunds
Gifts to TMF are immediate and irrevocable which means the TMF cannot cancel your
donation. Please check with your wireless operator to learn more about their refund
policy.
Privacy
When making a donation through TMF, a variety of personal information will be
collected and shared with the charity you indicate. TMF and your charity may send
you additional messages. If at any time you wish to discontinue such messages, you
may opt-out in accordance with these terms. For additional information on TMF’s
privacy policy, please visit www.mgive.org/privacy.
Intellectual Property
The intellectual property rights, including but not limited to patent, copyright,
trademark, service mark, trade name, trade dress, derivative works, moral rights,
trade secrets, and proprietary information and technology, associated with the content
and/or the website itself are owned or licensed by TMF. Except as expressly provided
herein, neither TMF nor its licensors confers upon you by implication, estoppel,
or otherwise, any license or right under any such intellectual property. No intellectual
property ownership rights are or will be assigned to you. You agree not to infringe
or challenge any of the intellectual property rights associated with services, content
and/or website.
Indemnification
You agree to indemnify, defend, and hold TMF and its respective officers, directors,
employees, agents, representatives, and affiliates and (collectively, "Affiliates")
harmless from any claim, action, or demand, and associated costs and expenses (including
reasonable attorneys fees) arising out of your (or anyone using your password) Materials;
use of the service, website; interaction with TMF, charities, companies or organizations
that advertise or solicit donations on the Website; violation of these Terms; or
violation of any third party's intellectual property.
Disclaimer of Warranties
Except if expressly provided otherwise in the terms, the website and service
(including without limitation, all content, materials (and material linked
thereto), advertisements, links, and emails) is provided to you "as is" and "as
available" without warranty of any kind. TMFdoes not guarantee or warranty the accuracy,
legality, appropriateness, truthfulness, or other qualities of any materials or
the related products, equipment, or services. TMF hereby disclaims to the maximum
extent permitted by law: 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 including but not limited to:
uninterrupted use; availability of the website; lack of viruses, worms, trojan horses,
or code that manifests contaminating or destructive properties; accuracy, completeness,
reliability, timeliness, currency, or usefulness of any information provided on
or through the website; and any duties of reasonable care, workmanlike effort or
lack of negligence in connection with the website. TMF is not engaged in the provision
of legal, tax, or other professional advice or services and you agree that the website
does not contain any legal, tax, or other professional advice.
Limitations
To the maximum extent allowed by law, you agree that neither TMF, nor any of its
affiliates will be liable to you and/or any third party for any direct, indirect,
consequential, exemplary, special, punitive, or incidental damages (including but
not limited to lost profits, loss of privacy, loss of data, deletion or failure
to store email messages, damage to user computer systems) whatsoever that arise
out of or are related to: the website (and your use of, or inability to use, the
website); the modification, alteration, or termination of the website or your access
to it; or any breach of these terms, even if TMF has been advised of the possibility
of such damages and even in the event of fault, tort, or strict or product liability.
Any claims arising from the service or website must be brought within ninety (90)
days of the date on which liability arose. Neither TMF nor its affiliates are responsible
for any violation of the privacy or other rights of any third party due to posting
of voting information, which is the sole responsibility of the user posting such
information.
TMF including its charities and their third party agents 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 TMF shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of your participation.
Contact Us
You can contact us at:
The mGive Foundation
2150 W. 29th Ave, Ste 200
Denver, CO 80211
Telephone: (303) 962-8001
Facsimile: (303) 962-8002
Email: care@mgive.org
Modifications
TMF may modify these terms at any time and for any reason without notice to you.
All updates will be posted to this website, so please visit us regularly. 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.