Benefunder, Inc. ("Benefunder") welcomes you to www.benefunder.org (the "Site"). Benefunder provides this Site and its services to you subject to these Terms of Use (the "Terms of Use"), which constitute a binding contract between you and Benefunder and govern your use of the Site.

The Internet is an evolving medium; we may change the terms of these Terms of Use from time to time. By continuing to use the Site after we post any such changes, you accept these Terms of Use as modified. We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes the rights of others.

DONOR BILL OF RIGHTS

Philanthropy is based on voluntary action for the common good. It is a tradition of giving and sharing that is essential to a community quality of life. To ensure that philanthropy merits the respect and trust of the general public and other constituencies, and that donors and prospective donors can have full confidence in the nonprofit organizations and causes they are asked to support, Benefunder declares that all donors have the following rights, modeled after the Association of Fundraising Professionals’ (AFP) Donor Bill of Rights:

  • To be informed of the organization’s mission, of the way the organization intends to use donated resources, and of its capacity to use donations effectively for intended purposes.
  • To be informed of the identity of those serving on the organization’s Board of Directors and to expect the Board to exercise prudent judgment in its stewardship responsibilities.
  • To have access to, upon request, the organization’s three most recent financial statements and IRS Statements 990, the organization’s nonprofit IRS 501(c) (3) determination letter, and any other documents as set forth in the IRS’s guidelines (IRC 6104) regarding contents of nonprofit organizations’ public inspection files.
  • To be assured their gifts will be used for the purposes for which they were given.
  • To be assured that information about their donation is handled with respect and with confidentiality to the extent provided by law.
  • To expect that all relationships with individuals representing organizations of interest to the donor will be professional in nature.
  • To be informed whether those seeking donations are volunteers, employees of the organization, or hired solicitors.
  • To feel free to ask questions when making a donation and to receive prompt, truthful, and forthright answers.

NO ENDORSEMENT

Unless otherwise specifically indicated, the presence of information on the Site regarding any nonprofit organization or university does not mean that Benefunder endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization or university itself or obtained from publicly available data. Benefunder does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profile in this database. An organizational profile, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, Benefunder will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact Benefunder.

The Site may contain links to third-party Sites which are not under the control of Benefunder. Benefunder is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. Benefunder is providing these links to you only as a convenience, and the inclusion of any link does not imply that Benefunder endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party Site, you will be subject to such Site’s legal terms and policies including, without limitation, such Site’s terms of use and privacy policy.

NO FINANCIAL, LEGAL OR TAX ADVICE

The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

INTELLECTUAL PROPERTY RIGHTS

The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations ("Site Content") are provided either by Benefunder or by its service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. Benefunder grants you a non-exclusive, revocable, limited license to view and use the Site, the Site Content and those services offered via the Site (e.g., donation acceptance and processing services) for personal, non-commercial purposes.

Permission from Benefunder must be obtained before any Site Content or any services offered through the Site are copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except in connection with the following permitted uses ("Permitted Uses"): (1) learning about research projects for purposes of evaluating them as potential recipients of personal charitable donations or donations from funds housed within Benefunder; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; and (3) conducting comparative or other "best practices" research purposes. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: "© 2014 by Benefunder, Inc. Reprinted with permission from Benefunder, Inc." For our records, we request that you provide us with a copy of the material in which our information is used. All Site Content is the exclusive property of Benefunder, its affiliates or its service providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards. Except as expressly permitted, these materials may not be copied, reproduced, or distributed for commercial purposes, nor may these materials be modified, uploaded, downloaded or reposted, in whole or in part, to other websites. You may not reproduce, modify, distribute or publicly display the Site or the Site Content, in whole or in part, except as is expressly authorized by these Terms of Use. If you would like to make copies and/or distribute any portion of the Site or the Site Content in ways not expressly authorized by these Terms of Use, you must contact Benefunder for written permission, which it may grant or withhold in its sole discretion.

LINKS TO THE SITE

Benefunder welcomes links to the Site. You are free to establish a hypertext link to the home page of the Site so long as (a) the link does not state or imply any sponsorship of your site by Benefunder; and (b) you do not link to any page within the Site beyond the home page or first page without first obtaining Benefunder’s prior written consent.

No Framing. Without Benefunder’s prior written permission, you may not frame or in-line link any of the Site Content or any services offered through the Site, or incorporate into any other website or other service any of the intellectual property of the Site, Benefunder or its service providers.

COPYRIGHT INFRINGEMENT

Benefunder respects others’ intellectual property rights; however, the Site contains information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to Benefunder using the CONTACT US link on the Benefunder Site.

Notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.

INDEMNIFICATION

You shall indemnify, defend and hold harmless Benefunder, its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees and costs) arising out of or relating to your acts or omissions related to your use of the Site, or any violation by you of these Terms of Use or any applicable law or third party rights. This Section shall survive the termination or expiration of these Terms of Use.

DISCLAIMER

The site and all site content is provided on an "as is" and "as available" basis. You expressly agree that your use of the site, the services available through the site and the site content is at your sole risk. Benefunder, its affiliates, partners and service providers make no representations or warranties of any kind, express or implied, as to the operation of the site or any services offered through the site including, without limitation, that the site or such services will be uninterrupted, timely, secure, error-free, or free of viruses, worms or other malicious software. Benefunder does not warrant that the site content will be accurate, up-to-date, or otherwise reliable. Please note that no advice or information obtained through the site or any services offered through the site shall create any warranty not expressly provided for in this Terms of Use agreement.

To the full extent permitted by applicable law, Benefunder disclaims on behalf of itself as well as its affiliates, partners and service providers, all warranties, express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

LIMITATION ON LIABILITY

In no event shall Benefunder, its affiliates, partners or its service providers and its and their respective officers, directors, employees, consultants, agents, and subsidiaries be liable for direct, indirect, special, incidental, consequential, reliance or exemplary damages, including without limitation damages for loss of profits or data arising out of or resulting from this web site or content, under any legal theory, even if advised of the possibility of such damages and notwithstanding the failure of essential purposes of any limited remedy. You agree that Benefunder’s liability and the liability of its affiliates, partners and service providers, if any, arising out of any kind of legal claim in any way connected to the site or any of the services provided hereunder shall not exceed $1.

SPECIAL JURISDICTIONAL ISSUES

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

If you are a California resident, you waive California Civil Code Section 1542 which reads: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

GOVERNING LAW

These Terms of Use shall be governed and construed by the laws of the State of California, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Site, you are transacting business in the State of California and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of California, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

OTHER TERMS

These Terms of Use constitute the entire agreement between you and Benefunder in connection with the subject matter hereof. The waiver or any modifications of any provision of this Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by Benefunder. No failure or delay by Benefunder in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms 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 of Use remain in full force and effect. Benefunder shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Benefunder’s reasonable control.

EXEMPT STATUS UNDER SECTION 501(C)(3)

Benefunder is registered as a 501(c)(3) non-profit organization. Contributions to Benefunder are tax-deductible to the extent permitted by law. Benefunder's tax id is 46-4303216