Terms of Service
This Agreement supersedes any previous Agreement to which you and Given Tree may have been bound. This agreement may be modified by Given Tree in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Given Tree on the Website. Your participation in the Program and use of the Website will be subject to any such modifications. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Use of Materials on this Site
Given Tree maintains this site for communication, information, and education. Feel free to browse our site. All materials on our site are the sole property of Given Tree or its licensors and partners. The exclusive rights to all materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
Given Tree has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with Given Tree. Such linked sites are for your convenience only and you access them at your own risk. Given Tree makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by Given Tree of the owner of the other site, the content of its site, or its products or services.
Risk and Due Diligence
Given Tree manages the website, which matches you and other persons (each, a “Giver”, and, collectively, “Givers”) with projects submitted and proposed by third-party partners. These partners take on the responsibility of using the funds submitted designated as outlined in their proposals. There is always risk involved when giving funds to any organization. We try to eliminate risk by requiring these organizations (“partners”) to report back via monthly and/or quarterly reports on how the funds were used. However, not withstanding our efforts to require accountability, we are not responsible for how funds are ultimately used once released to third-party partners. We also reserve all rights to do with undesignated or excess funds how we seem fit based on our judgment. Given Tree is not responsible for funds once they are released to the designated partner chosen by you (the “Giver”).
All funds given to Given Tree are considered donations. You will receive a receipt via email. If you do not receive a receipt, you can request one through email. This can be used for tax purposes. All funds are tax exempt based on the 501(c)(3) nonprofit status of the partnering organization. Given Tree is the holder of funds for nonprofit partners until funds are dispersed.
Under no circumstances, including, but not limited to, negligence, shall Given Tree be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of or in connection with the use of, or inability to use or have access to this site. We disclaim all liability for any loss, damage (in any form, direct or otherwise), personal injury, expense, or liability of any nature whatsoever incurred by you, your company, or a third party as a result of the use of our website, any information contained on the website, or information transmitted over our site.
These terms shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to these terms shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the state of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions. 20.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Given Tree. You represent and warrant to Given Tree that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this agreement and to use the site in accordance with this agreement.