Interest for Others Foundation ("IFOF") provides its services (described below) to donors, registered users, and visitors (collectively "you") through its website (the "Platform") and related services (including any new features, applications, mobile services, etc., collectively the "Services"), subject to the following Terms and Conditions (the "Terms and Conditions"). For purposes of the Terms and Conditions, "Interest for Others Foundation", "IFOF," "we," "us," "our," and other similar terms, shall refer to the party with whom you are contracting.
We reserve the right, at our sole discretion, to change or modify any portions of these Terms and Conditions at any time. If we do this, we will post the changes on this page and indicate the date these terms were last revised. Any such changes will become effective immediately unless stated otherwise. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions. If you do not wish to accept the new Terms and Conditions, you may discontinue your use of the Services.
These Terms and Conditions constitute the entire agreement between you and IFOF and govern your use of the Services, superseding any prior agreements between you and IFOF with respect to the Services. You also may be subject to additional terms and conditions that apply when you use services or software provided by a third party, including Financial Institutions (defined herein). These Terms and Conditions will be governed by the laws of the State of Minnesota. With respect to any dispute or claim arising under this agreement or resulting from the use of the Services, you and IFOF agree to submit to the personal jurisdiction of the State and federal courts located within Minnesota. The failure of IFOF to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign these Terms and Conditions without the prior written consent of IFOF, but IFOF may assign or transfer these Terms and Conditions, in whole or in part, without restriction. Unless specified otherwise, notices to you may be made via email, regular mail, or messages sent to your account with IFOF. IFOF may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Platform.
ACCESS AND USE OF THE SERVICES
Services Description: The Services are offered as a channel or conduit to users of the Services, which may include Donors and Registered Users of the Services who browse, read, or interact with the Platform or Services. Among other features, the Services are designed to allow Financial Institutions to transfer monetary donations in amounts requested by their Customers/Donors from the Customers' accounts to IFOF, with the expressed intention that such funds be retained by IFOF for aggregation purposes, and subsequently paid to Charities chosen by the Customers/Donors. The transfers described above are free of charge by IFOF to Donors.
For purposes hereof, the term "Donors" means any individual or institutional depositors or customers of any Financial Institution that make monetary donations to Charities via IFOF's Platform. "Registered Users" means any Donors and Visitors of the Platform who register their information with IFOF. "Visitors" shall refer to people who browse, read, or interact in any manner with IFOF or the Platform. "Financial Institution" shall be defined as any bank, money market fund, credit union, savings and loan association, or other financial institution that refers its Customers to the Platform or with which Customers maintain an account. "Customers" means anyone holding deposits or accounts at any Financial Institution. "Charities" or "Charitable Organizations" means the organizations that have registered with IFOF to receive donations transferred by means of the Platform.
Earned Interest Identification: Donors' contributions may, but need not, equal or be related in amount to interest earned or accrued in their accounts. They are solely responsible to determine the donated amount and its relationship to actual interest earned. If a Donor intends his or her contribution to be equal to or derived from interest actually earned in the prior or future year, month or other period that information must be obtained from Financial Institutions, directly or indirectly, or from the Donor's records. IFOF makes no representation regarding the relationship to earned interest of Donors' contributions, and neither determines, reports nor advises with respect thereto.
The Services are a Channel; We are not a Broker or Financial Institution: The Services are an administrative platform only. We facilitate the donation transactions between Donors and Charities, but are not an agent of or party to any agreement between a Donor and a Charity, a Donor and a Financial Institution, or a Financial Institution and a Charity. IFOF has no control over the conduct of, or any information provided by, a Charity, and IFOF hereby disclaims all liability regarding any Charities' or Financial Institutions' conduct to the fullest extent permitted by applicable law.
Information Needed to Make Donations: In order to contribute to a Charity, a Donor will be required to provide certain information regarding his or her account with a Financial Institution which may include account name and number, bank routing number, and credit, debit, or other payment card information. You, as a Donor, represent and warrant to IFOF that such information is true and that you are authorized to use the payment instrument. You agree that all donation payments are final and will not be refunded unless IFOF, in its sole discretion, agrees to issue a refund. Donors may have the option to contribute recurring period donations, and in electing to contribute on a recurring basis, you, as a Donor (i) agree promptly to update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the donation amount that you specify, and (ii) hereby authorize IFOF to bill your account or card in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform.
Fees: Donors and Charities have no obligation to pay any transaction fees for transferring the donations from Donors' accounts to IFOF's or Charities' accounts (the "Payment Processing Fees"). IFOF, a participating Financial Institution, or third party, but not the recipient Charity shall cover the Payment Processing Fees unless the Donor chooses to do so. Donors may choose to pay such fees by clicking the checkbox "Cover the Transaction Fees" or equivalent instruction on the Platform. Each Donor acknowledges that by contributing a donation to a Charity, the Donor agrees to any and all applicable terms and conditions set forth by our payment processing vendors and providers, and participating Financial Institutions, in addition to these Terms and Conditions.
IFOF reserves the right to change the Fee policy. If IFOF does change its policy on Fees, we will provide an advance notice of the change on the Platform or in email to you, at our option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fee policy.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passwords and accounts, if any, and are fully responsible for any and all activities that occur under the passwords or accounts. You agree to (i) immediately notify IFOF of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you sign out from your account at the end of each session when accessing the Services.
Modifications to Services: IFOF reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, IFOF will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms and Conditions.
Taxes: It is Charities' responsibility to determine what, if any, taxes apply to the Donations received through the use of the Services. It is solely Charities' responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. It is Donors' responsibility to determine the tax impact of their donations made through the use of the Services. Donors and/or their chosen professionals take the sole responsibility to assess, determine, and report their changes of tax liabilities caused by their donations via the use of the Services.
General Practices Regarding Use and Storage of Information: You acknowledge that IFOF may establish general practices and limits concerning the use and storage of information, including the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on IFOF's or affiliates' servers on your behalf. You agree that IFOF has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that IFOF reserves the right to terminate accounts that are inactive for an extended period of time, provided that IFOF will use its commercially reasonable efforts to provide you with reasonable notices before or upon terminating such accounts. You further acknowledge that IFOF reserves the right to change these general practices and limits at any time, at its sole discretion. We will endeavor to give notice of any such change in a reasonable manner where required by applicable law.
CONDITIONS OF USE
Conduct: Charities are solely responsible for all descriptions, comments, videos, images, information, data, texts, software, music, sound, photographs, graphics, messages or other materials ("content") that Charities upload, post, publish, display, transmit, or otherwise authorize use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by IFOF. However, this list of examples is not exhaustive and IFOF reserves the right to investigate anyone by engaging public and private organizations, including but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate actions against anyone who is determined, at IFOF's sole discretion, to have violated any part or the spirit of these Terms and Conditions. Without limiting the foregoing, you, as Registered Users and Visitors, agree not to use the Services to:
- establish or contribute to any Charities with implicit or express purposes of the following:
- any activity that violates any law or governmental regulation;
- conduct that is fraudulent, misleading, inaccurate, dishonest, or impossible;
- commerce in illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia, knives, explosives, ammunition, firearms, or other weaponry or accessories;
- the offer or sale of annuities, investments, securities, equity or lottery contracts, lay-away systems, or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or cryptocurrencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
- the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- ransom, human trafficking, slavery, or exploitation;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the defense or support of anyone alleged to be involved in criminal activity; or
- credit repair or debt settlement services.
- transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) at the sole judgment of IFOF, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose IFOF or its Registered Users or Visitors to any harm, reputational damage, or liability of any type; or
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- harvest or collect email addresses or other contact information of other Registered Users or Visitors from the Services by electronic or other means.
Account Holds: From time to time, in its total discretion, IFOF may place a hold on a Donor's account (a "Hold"), restricting or limiting the Donor from making donations. Some of the reasons that we may place a Hold on a Donor's account include, but are not limited to, the following: (i) that we have reason to believe that information provided by the Donor is false, misleading, or fraudulent, (ii) that we have reason to believe in our sole discretion the Donor's account may be illegally established, maintained or operated, involved in or used for illegal activities, or is being investigated or seized by a proper authority, (iii) that we have reason to believe that the Donor has violated the Terms and Conditions, or (iv) that we are required to do so in order to comply with a court order, subpoena, writ, injunction, or applicable laws and regulations.
If you have questions about a Hold that we may have or have placed on your account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org
THIRD PARTY WEBSITES/SERVICES
The Services may provide or facilitate, or third parties may provide, links or access to other sites, services and resources on the Internet. IFOF has no control over such sites, services and resources and IFOF is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that IFOF will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, services or resources. Any dealings you have with third parties while using the Services are between you and the third parties, and you agree that IFOF is not liable for any losses or claims that you may have against any such third parties.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Technology: You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by IFOF or for the content that you legally upload to the Platform, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or any content on the Services, in whole or in part. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by IFOF from accessing the Services (including by blocking your IP address), you will not implement any measures to circumvent such blocking, including masking your IP address or using a proxy IP address. Any use of the Services or any content from the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of IFOF and its licensees. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by IFOF.
Trademarks: The name "Interest for Others" and logos are trademarks of IFOF (collectively the "IFOF Trademarks"). Other company, product, or service names and logos used and displayed via the Platform may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected to IFOF. Nothing in these Terms and Conditions or the Services should be construed as granting, by implication, any license or right to use any IFOF Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of IFOF Trademarks will inure to our exclusive benefit.
Third-Party Materials: Under no circumstances will IFOF be liable in any way for any content or materials of any third parties, such as Charities and payment processing providers, for any errors or omissions in any content, or for any losses or damages of any kind incurred as a result of the use of any such content. You acknowledge that IFOF does not pre-screen content, but that IFOF and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content on the Platform that violates these Terms and Conditions or is deemed by IFOF, at its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials that you upload or post through the Services, you represent and warrant that you own all right, title and interest in such materials. By uploading any materials to the Platform, you hereby grant and will grant IFOF a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your materials in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to IFOF are non-confidential and IFOF will be entitled to the unrestricted use and dissemination of these Submissions for any purposes without acknowledgment from or compensation to you.
You acknowledge and agree that IFOF may preserve and disclose any content uploaded to the Platform 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, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights or property of IFOF, its users or the public.
Repeat Infringer Policy: IFOF has adopted a policy of terminating, in appropriate circumstances and at IFOF's sole discretion, Registered Users and visitors who are deemed to be infringers of IFOF's rights in its trademarks, copyrights, and other intellectual property rights. IFOF may also at its sole discretion limit access to the Services and/or terminate the memberships of any Registered Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold IFOF and its officers, employees, directors, business partners, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injuries (including death) arising out of or relating to your use of the Services, any donation, any use of content on the Platform, your violation of these Terms and Conditions or your violation of any rights of another.
If you are a Minnesota resident, you waive Minnesota Statutes Sections 363A.31 and 604.055, which regulate general liability waivers. If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statutes or doctrines.
DISCLAIMER OF WARRANTIES
Your use of our Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. IFOF expressly disclaims and excludes, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory.
IFOF does not guarantee that a Charity will obtain a certain amount of donations or any donations at all. We do not personally endorse any Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a Charity is accurate. We expressly disclaim any liability or responsibility for the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Charity. We and every participating Financial Institution disclaim any liability that results from transfers or movements of any part or all of the donations among any Financial Institutions, any Charities, and us. For instance, IFOF and Financial Institutions do not take any responsibilities for transferring donations via the Platform to a Charity that is not designated by a Donor for any reason.
We and Financial Institutions do not and cannot verify the information that a Charity supplies, nor do we or any Financial Institution guarantee that the donations will be used for the purposes described by a Charity. To the extent of any donations made from any Donor's accounts with a Financial Institution, we and the Financial Institution assume no responsibility to verify whether the donations are used in accordance with any applicable laws; such responsibility rests solely with the selected Charity or Charities, as applicable.
LIMITATION OF LIABILITY
You expressly understand and agree that, to the fullest extent permitted by applicable law, IFOF will not be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, loss of goodwill, corruption of data, or other intangible losses, whether based on contracts or torts, resulting from (i) the use or the inability to use the Services; (ii) unauthorized access or alteration of your transmissions or data; or (iii) any other matter relating to the Services. To the fullest extent permitted by applicable law, in no event will IFOF's total liability to you for all damages and losses exceed the greater of the amount you have donated in the preceding six (6) months or fifty dollars ($50).
You agree that IFOF, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services without limitation, for lack of use or if IFOF believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected, fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that IFOF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms and Conditions. Further, you agree that IFOF will not be liable to you or any third party for any termination of your access to the Services or account with IFOF.
Personal Data That You Provide Through the Services: We collect Personal Data from you (including, but not limited to, your name, email address and location) when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services.
Non-Personal Data and Aggregated Data: When you interact with IFOF through the Services, we automatically receive and store certain non-identifiable personal information, such as the type of internet browser you use, any website from which you have come to the Services, your operating system, and location data ("Non-Personal Data"). Such information, which is collected passively using various technologies, cannot presently be used to identify you. IFOF may store such Non-Personal Data itself or include such information in databases. IFOF may use Non-Personal Data to improve its Services.
"Aggregated Data" is a collection of Non-Personal and/or Personal Data. This aggregate information does not identify you personally. IFOF may share this aggregate data with its agents and business partners. IFOF may also disclose Aggregated Data in order to describe our services to current and prospective business partners and agents, and to other third parties for lawful purposes.
Our Use of Personal Data and Other Information: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data about yourself in order to obtain access to or make use of particular features of the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services.
IFOF may also use your Personal Data and Non-Personal Data collected through the Services to help us in providing the Services, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, conducting research on our user demographics, interests and behavior, providing support services, or other tasks from time to time. IFOF may, with your consent, use your Personal Data to contact you in the future to tell you about services we believe will be of your interest. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications.
To the extent that Charities share with us any Personal or Non-Personal Data of any party for any purpose, including names, email addresses, and phone numbers, Charities acknowledge that they have the authority (including any necessary consents), as required under applicable law, to provide us with such Personal or Non-Personal Data and allow us to use such data for the purposes for which Charities share it with us.
Transfer of Personal and Non-Personal Data: IFOF is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below: (i) in the event of change of control of IFOF, including a sale, merger, reorganization, dissolution or similar event where Personal and/or Non-Personal Data may be part of the transferred assets (ii) in compliance with legal requirements under which IFOF must or reasonably believes that we should disclose Personal Data to comply with a legal obligation; and (iii) upon request by a Customer's Financial Institution. Donors and Charities authorize IFOF to, and IFOF reserves the right to, provide information relating to donations, Donors, and Charities, to law enforcement or to assist any investigation.
Cookies: When you interact with the Services, we try to make that experience simple and meaningful. When you visit our Platform, our web server sends a cookie to your computer or mobile device. Cookies are small pieces of information which are issued to your computer or mobile device when you visit a website, and which store and sometimes track information about your use of the Platform. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Platform and will last longer.
Some of the cookies used by the Platform are sent by us, and some are sent by third parties who are delivering services on our behalf. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is sent. Please note, however, that by blocking or deleting cookies used on the Platform, you may not be able to take full advantage of the Services.
- Essential: Allow you to navigate and use all the features provided by our Platform.
- Functional Cookies: These cookies customize elements of the promotional layout and/or content of the pages of the Platform and remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users or visitors to our Platform, so when you use our Platform, we remember you and your preferences and information you have submitted to us to provide you with a customized experience.
- Performance and Analytics: Performance cookies let us collect information about how you use the Platform. They collect anonymous statistical information about how you use the Platform (including how long you spend on the Platform) and where you have come to the Platform from, so that we can improve the Platform and learn which functions of the Platform are most popular with users.
- Advertising and Targeting: These cookies collect information about the pages you visit online. They gather information about the pages that you visit or the functions of the Platform you use, and also other information about other websites that you visit, so as to place you in a "market segment". This information is only collected by reference to the IP address or unique device identifier that you are using (the applicable cookie identifier) and also can include information about the county or province and city or town you are in, together with the name of your internet service provider. This information may be used to place interest-based advertisements on the Platform, which it is believed will be relevant to your market segment. This may result in you seeing advertisements for our Platform when you visit other websites.
Security: IFOF takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via email.
QUESTIONS AND SUGGESTIONS
Please contact us at email@example.com to report any violations of these Terms and Conditions or to pose any questions regarding these Terms and Conditions.