EFFECTIVE AS OF 08/17/2020

This page explains our terms of use.  When you use Give Better, PBC (“GB”) you’re agreeing to all of the rules on this page.  We’ve done our best to make the rules clear and easy to understand, but there is some legalese that cannot be avoided.

 

 

1.             SOME BASIC INTRODUCTORY ISSUES

 

Welcome to GB. GB and its parents, subsidiaries, affiliates, agents, Impact Managers, representatives, consultants, employees, officers, and directors, are collectively referred to herein as “GB” “we,” “our” or “us”.  By using this Site (the “Site”) or the services offered by GB (together with the Site, collectively referred to as the “Services”) you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy and Cookie Policy.

 

 

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by email.  New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using GB after a change, that means you accept the new terms.

GB is for your personal, non-commercial use, except as explained in section 3 and section 4 below.

 

When used herein, the terms “you” or “your” refers to any Impact Manager (as hereinafter defined), Impact Investor (as hereinafter defined), Beneficiary (as hereinafter defined) or any individual or entity who uses GB’s Site.

 

2.            WHAT GIVE BETTER DOES.

 

GB provides a platform for those who are interested in funding projects that benefit the public (each, an “Impact Project”). 

 

Each Impact Project is conceived of and directed by an employee of GB.  These employees are referred to as “Impact Managers”, and they are passionate about the Impact Projects that they are directing.  Their goal is to raise funds for the Impact Project and to ensure that all funds raised (net of GB’s fee) are directed to where they can have a significant impact. 

 

Persons (including entities) who provide funding for an Impact Project are referred to as “Impact Investors.”

 

Although we refer to those who contribute to an Impact Project as “Impact Investors”, all Impact Investors must understand that they are only making an investment in the betterment of society and can have no expectation of realizing a personal financial benefit.  No Impact Investor should contribute to an Impact Project with any expectation of realizing a personal financial return.

 

Any contribution you may elect to make to an Impact Project listed on GB’s site will not entitle you to any ownership, voting or similar rights in the Impact Project or any related entity, and you should not expect, and will not be entitled to receive, any monetary return or benefit from the contribution.   Your contribution does not involve the sale or purchase of a security, and neither GB nor any Impact Project listed on its site is making any offer to sell or soliciting any offer to buy any security.  GB is not a broker, dealer, investment adviser, or financial institution and is not registered with or licensed by the Securities and Exchange Commission, any state regulatory authority or any self-regulatory organization.

 

When an Impact Manager creates an Impact Project on GB, the Impact Manager is inviting Impact Investors to financially support the Impact Project.  Each Impact Project must have a designated purpose that includes a benefit for the public.  In some instances, the Impact Manager will list a specifically-identified beneficiary or multiple beneficiaries of the Impact Project (collectively, the “Beneficiary”).  In other cases, no specific Beneficiary is identified, meaning that GB and the Impact Manager are still in the process of determining where funds contributed by Impact Investors to that Impact Project should be allocated.

 

All funds collected in support of an Impact Project are distributed to the Beneficiary by GB, less any service fees charged by GB.

 

GB is not responsible for ensuring that any Impact Investor’s funds are properly used by the Beneficiary nor do we represent that you should expect any financial gain by funding a project.  GB’s role is strictly limited to (i) assisting the Impact Manager to raise funds for and administer the Impact Project; (ii) processing the funds raised for the Impact Project; and (iii) distributing the funds to the designated Beneficiary of the Impact Project or, if no such Beneficiary has been designated, to a Beneficiary of GB’s choice for use in promoting the objectives of the Impact Project. 

 

You understand and acknowledge that (i) GB is not a charity, broker, agent, creditor, or financial institution; (ii) GB provides support services to individuals and organizations that wish to fund their Impact Projects; (iii) GB is a public benefit corporation, is not a charitable organization, financial advisor, or broker, and is not exempt from federal income tax under I.R.C. § 501(c)(3) or any other provision of the Internal Revenue Code; (iv) GB makes no representations regarding your ability to deduct any payment you make to support one or more Impact Projects on your federal income tax return as charitable contributions described in I.R.C. § 170; and (v) GB provides no investment, legal or tax advice and strongly recommends that you consult with your own legal advisor or accountant regarding any legal or tax questions you may have regarding any payment you make to support one or more Impact Projects. We do not offer any kind of financial or legal advice, are not qualified to provide such advice, and nothing seen on this site or in our communication should be taken as such, or as an endorsement.

 

3. HOW IMPACT PROJECTS WORK.

GB is a for-profit organization. It is a public benefit corporation with a dual function: to support Impact Projects that benefit the public and to make a profit for its shareholders.  Each Impact Project is conceived and promoted by GB’s Impact Manager. GB merely provides the platform and Services to assist its Impact Managers in securing funding for an Impact Project. 

 

Note that GB is not soliciting money as a fundraiser or Beneficiary.  GB’s role is limited to managing Impact Projects through the provision of Impact Managers and its Services. 

 

Here is an outline of how the typical Impact Project is funded through GB:

 

1.     An Impact Manager identifies and defines an Impact Project to fund using GB’s Site and Services.  GB retains the right to approve or disapprove the use of its Site and associated Services to promote the proposed Impact Project;

2.  Once GB approves the use of its Site and Services to promote and raise funds for the Impact Project, the Impact Manager raises funds using GB’s platform;

3. The contributed funds are placed into a segregated account at GB’s payment processor for the Impact Project;

4.  GB deducts a twenty percent (20%) management fee to cover its costs and profit before distributing the balance to the beneficiary of the Impact Project. 

 

Throughout the process, Impact Managers owe Impact Investors a high standard of effort, honest communication, and a dedication to supporting their respective Impact Projects. At the same time, Impact Investors must understand that, when they back an Impact Project, they are depending on the representations, honesty and integrity of the Beneficiary of that Impact Project to ensure that any funds contributed are used for their intended purpose.  Other than collecting and distributing the funds as directed by the Impact Manager assigned to a particular Impact Project, neither GB nor its Impact Managers have any responsibility for policing the use of the funds distributed by GB to the Beneficiary to ensure that they are properly used to advance the objectives of the Impact Project. 

 

Once funds contributed by Impact Investors reach the designated Beneficiary of an Impact Project (or, if no Beneficiary is designated, the Beneficiary subsequently identified and chosen by GB), GB has no further or additional responsibility to ensure that the funds are utilized for the purposes as contemplated by the Impact Project. Specifically, GB does not ensure or represent to any Impact Investor that any Beneficiary of an Impact Project use the Impact Investor’s funds to advance the objectives described in the Impact Project.

 

 

4. HOW FUNDING WORKS.

 

This Section describes how money is collected and distributed to a Beneficiary of an Impact Project.  These are the terms that apply when an Impact Investor funds an Impact Project:

 

·      Impact Investor provides payment information. GB will collect the exact amount an Impact Investor authorizes be collected to fund a specific Impact Project.  GB will immediately charge the Impact Investor’s credit card or collect from the Impact Investor’s PayPal, ApplePay or other account the exact amount that the Impact Investor has agreed to provide to an Impact Project.  The funds collected will be earmarked solely for the use of the specific Impact Project designated by the Impact Investor.

·    Funds Are Deposited.  The funds collected for an Impact Project will be deposited into a segregated account earmarked for the specific Impact Project for which the fuds were contributed.  The accounts will be held by GB’s payment processor that is assigned to the specific Impact Project.

·  GB’s Fee.  GB will deduct a twenty percent (20%) management fee to cover its costs and profit before distributing the balance to the Beneficiary of the Impact Project.

 

·     The Impact Manager may need to send Impact Investors questions. To ask questions or deliver rewards, GB’s Impact Manager may need additional information from Impact Investors, like mailing addresses or t-shirt sizes. To receive a reward, Impact Investors will need to provide the information in a reasonable amount of time. Impact Managers should never request sensitive personal information such as an Impact Investor’s Social Security number.  Contact GB at project.support@givebetter.com immediately if you receive a request for information that seems inappropriate or excessive.

  

5. STUFF GB IS NOT RESPONSIBLE FOR.

 

GB is not responsible for any of the following:

 

(i)                overseeing a Beneficiary’s proper use of contributed funds;

(ii)              ensuring the Beneficiary’s use of funds for the purposes described in the Impact Project;

(iii)            ensuring that any rewards are properly distributed;

(iv)            ensuring the honesty and integrity of any Beneficiary; or

(v)              mediating any disputes between an Impact Investor and Beneficiary.;

  

GB isn’t liable for any damages or losses related to use of the Services.  GB does not become involved in disputes between Impact Investors and/or Beneficiaries relating to the use of the Services. GB does not oversee the performance or punctuality of Impact Projects.  GB does not guaranty or endorse the truthfulness or legitimacy of any content submitted to its Site. When  an Impact Investor funds an Impact Project, and/or a Beneficiary  accepts funds from an Impact Project, the Impact Investor and/or Beneficiary releases GB from all claims, damages, and demands of every kind or nature — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such funds or use of  the Services.  

6. OTHER SITES.

If you access a third-party website from a link on GB’s Site, this Section explains that GB has no responsibility for any damages that result from your doing so.

 

GB may contain links to other websites. (For instance, pages relating to the Impact Project, profiles of Beneficiaries; also, the sites that are linked to GB’s Site may also contain links to sites and comments).  When you access third-party websites from GB’s Site, you do so at your own risk.  GB does not control or endorse any websites maintained by third parties, including those that have links displayed on GB’s Site.

  

7. GB’s INTELLECTUAL PROPERTY.

The content created or licensed by GB and displayed on GB’s Site is protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Services.

 

GB grants you a license to reproduce content from the Services for personal use only. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.).  If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from GB or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

  

8. GB’S RIGHTS.

 

GB has and retains the following rights in addition to those granted it by applicable law:

 

·        GB can make changes to the GB Site and Services without notice or liability.

·    GB has the exclusive right to determine who is eligible to use the GB Site and Services.  Minors between the ages of 13 and 18 are only permitted to access the GB Site or use the GB Services under the supervision of a parent or guardian and in accordance with applicable law.  Any activities conducted by a minor on the GB Site or using the GB Services shall be the responsibility of the parent or guardian of such minor.  GB, in its sole and absolute discretion, can refuse to accept contributions from an Impact Investor without explanation.

·    GB has the right to reject, cancel, interrupt, remove, or suspend any Impact Project at any time and for any reason.  If an Impact Project is canceled, interrupted or suspended before any funds are distributed to a Beneficiary, GB will refund all funds collected for that Impact Project to its Impact Investors.

 

GB is not liable for any damages as a result of it taking any of the foregoing actions.  Except to the extent required by applicable law, it is GB’s policy not to comment on or report its reasons taking any such action.

 

10. WARRANTY DISCLAIMER.

GB works very hard to ensure that its Site and other Services are functioning properly to give Impact Investors the very best and fulfilling experience, and to advance the objectives of the Impact Project.  However, GB cannot guaranty that technology always functions the way it is intended to. Accordingly, this Section explains that GB’s Site and other Services are offered without representations or warranties of any kind or nature.

 

Impact Investors use our Services solely at their own risk. They are provided to Impact Investors “as is” and “as available” and without warranty of any kind, express or implied.

 

GB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY AN IMPACT MANAGER, IMPACT INVESTOR, OR BENEFICIARY FROM GB SHALL CREATE ANY WARRANTY.

11. INDEMNIFICATION; WAIVER.

Any person who uses GB’s Services, including accessing GB’s Site shall indemnify and hold harmless GB (as defined in paragraph 1 above) from and against any and all claims arising out of or relating to such person’s use of the Services, including the Site.  Further, each Impact Investor agrees to waive, and to indemnify and hold GB (as defined in paragraph 1 above) harmless, from any claims that such Impact Investor may have arising out of or relating to a Beneficiary’s use or misuse of any funds contributed by such Impact Investor.  The obligation to indemnify and hold GB harmless against such claims shall include indemnifying GB for all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 

12. LIMITATION OF LIABILITY.

To the fullest extent permitted by law, in no event will GB, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including, but not limited to, damages (i) resulting from any person’s   access to, use of, or inability to access or use GB’s Site or Services; (ii) for any lost profits, data loss, or cost of procurement of substitute goods or services; (iii) for any Beneficiary’s misuse or diversion of funds contributed to the Impact Project by Impact Investors; or (iv) for any conduct or content of any third party on the Site. In no event shall GB’s liability for direct damages exceed, in the aggregate, one hundred U.S. dollars ($100.00).

13. DISPUTE RESOLUTION; GOVERNING LAW.

We at GB encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that GB and its Services are deemed a passive Site that does not give rise to jurisdiction over GB or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of GB’s Site or Services, shall be filed only in the state or federal courts located in Travis County in the State of Texas, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. By accessing GB’s Site you irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

14. MISCELLANEOUS.

These Terms and the other materials referenced in them are the entire agreement between you and GB with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and GB with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or GB to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

 

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get GB’s prior written consent. GB has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. GB will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

 

Beneficiaries and Impact Investors are not partners, agents, employees, representatives or associates of GB.  They operate independently of GB and are contracting with GB solely for the purpose of using GB’s Services 

 

Ready to subscribe to change?

Looking to start an Impact Project? Interested in becoming an Impact Manager or Impact Influencer? We want to hear from you.

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