In order to use the Service, you must:
Accepting these Terms
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the orghunter.com website licensed by Make My Donation, Inc., a Not-for-Profit 501(c)(3) Corporation (“MMD”); and/or the affiliated donor accounts, and/or the charity profiles, and/or other features operated by OrgHunter LLC (the website, donor accounts, charity profiles, and other features are collectively known as the “Services”)). These Terms and Conditions apply separately and collectively on behalf of Make My Donation, Inc. and OrgHunter LLC (“MMD/OH”, “us”, “we”, and “our”). Your access to and use of any of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.
Availability, Errors, and Inaccuracies
We are constantly updating the features offered on the Services. The features available through the Services may be described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including addresses and Services or features offered. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create a charity account with us, you must provide information that, at all times, is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Qualified charitable organizations may receive grants from MMD’s donor-advised fund regardless of whether the charitable organizations register with our Services. Registration provides access to a free online charity profile, a donor dashboard, and other features created for the benefit of nonprofits. By acknowledging and agreeing to these Terms and Conditions, you grant us the right and license to use, publicly perform, publicly display, reproduce, and distribute on and through the Services your charity’s name(s), logo(s), and/or trademark(s) (separately and collectively, “Charity Info”). You retain all of your rights to any Charity Info. You agree that this license includes the right for us to make your Charity Info available to other users and partners of the Services, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Charity Info is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Charity Info and/or Content posted on the Services infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to the attention of “Copyright Infringement” of support@MakeMyDonation.com and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Services where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via email at support@MakeMyDonation.com.
The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Make My Donation, Inc., OrgHunter LLC, and/or its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Services without the prior written consent of Make My Donation, Inc. and/or OrgHunter LLC.
Links to Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by Make My Donation, Inc. and/or OrgHunter LLC. We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that MMD/OH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless MMD/OH, their licensee(s) and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; or b) a breach of these Terms. You agree to defend, indemnify and hold harmless MMD/OH, their licensee(s) and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms; c) Charity Info posted on the Services; or d) Content posted on the Services.
Limitation of Liability
In no event shall MMD/OH, nor its directors, employees, volunteers, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. MMD/OH, their subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components, or d) the results of using the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and, shall supersede and replace any prior agreements we might have with you regarding the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any use of your account, whether or not you authorized the use. You must immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.