Terms and Conditions

License.

THESE TERMS AND CONDITIONS ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE DONOR ADVISED CHARITABLE GIVING, INC. WEB SITE AND ALL OF ITS INFORMATION, DATA, SOFTWARE, SEARCH ENGINE, AND OTHER MATERIAL AND TECHNOLOGY (COLLECTIVELY, THE "SITE"), AND ARE LEGALLY BINDING ON YOU.

DAFGIVING360™ AND DONOR ADVISED CHARITABLE GIVING, INC. ARE HEREAFTER REFERRED TO COLLECTIVELY AS "DAFGIVING360”. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW WITHOUT MODIFICATION.

Your use of the Client Center portion of the Site is governed by additional terms and conditions. You may review these additional terms and conditions by logging into the Client Center and clicking on the "Web Agreements" link at the lower left of every page.

As a condition of your use of the Site, you warrant to DAFgiving360 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

Except as may be otherwise authorized in DAFgiving360’s Client Center Web Site User Agreement, DAFgiving360 and its licensors grant you the limited right to display the information, documents, products, software and services contained or made available on or through this Site, including but not limited to any information, graphics, images, text, software, sound or other materials and content (the "Content") solely on your personal computer for your personal, non-commercial use, and to copy and download any such Content that is permitted by DAFgiving360 to be downloaded from this Site, provided that: (1) all copyright, trademark, and other proprietary notices remain unaltered and intact, and (2) such displayed, copied or downloaded Content is used solely for your personal, non-commercial, informational use and is not (a) modified, edited, enhanced, altered or changed, or (b) copied, reproduced, republished, posted, retransmitted, broadcast or otherwise distributed by you in any manner whatsoever.

Prohibited Conduct.

You may not "deep-link", "scrape", "frame" or "mirror" any Content contained on, or accessible from, this Site on any other server, Internet-based, or wireless electronic device, in whole or in part, without the advance written authorization of a duly authorized representative of DAFgiving360 as applicable.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
• To impersonate or attempt to impersonate DAFgiving360, a DAFgiving360, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm DAFgiving360 or users of the Site or expose them to liability.
• Otherwise attempt to interfere with the proper working of the Site.

Proprietary Rights.

All Content and other material contained on this Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, DAFgiving360 does not grant to you any express or implied right(s) to use, copy, reproduce, distribute, transmit, modify, link to or from, frame, create derivative works of, publicly display, publicly perform, republish, download, store, or otherwise exploit such Content or material.

Except as otherwise specified, all Content and other material on the Site is "Copyright 2024 Donor Advised Charitable Giving, Inc. All rights reserved." Removing or altering the copyright notice on any Content and other material on this Site is prohibited. DAFgiving360 also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's Content.

All trademarks, service marks, and trade names displayed on this Site are either proprietary to DAFgiving360 or licensed for use by DAFgiving360, except as explicitly noted otherwise. The names of other companies and products mentioned on the Site may be the trademarks of their respective owners.

Third-Party Offers and Promotions.

The Site may contain information about offers and promotions from third parties. Unless otherwise expressly stated, DAFgiving360 shall have no liability, obligation or responsibility with respect to your direct dealings with any such third party. Moreover, unless otherwise stated, the provision of such third-party offers or promotions does not indicate that DAFgiving360 endorses, sponsors, or is in any way affiliated with the services or goods of such third parties.

Links to Third-Party Sites.

DAFgiving360 is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether such hyperlink is provided by DAFgiving360 or by a third party. DAFgiving360 makes no representation or warranty with respect to the accuracy, timeliness, non-infringement, or suitability of the content of any site to which DAFgiving360’s Site may link, including information on the linked site regarding DAFgiving360’s Site, and DAFgiving360 takes no responsibility therefore. By providing access to other web sites, DAFgiving360 is not recommending the purchase or sale of the stock issued by any company, nor is it endorsing or sponsoring services or goods provided by any third party.

Privacy.

DAFgiving360 respects your privacy when browsing our Site. When you browse the public, non-password protected areas of the Site, we do not collect personally identifiable information, except when specifically and knowingly provided by you. For example, if you are interested in receiving information about DAFgiving360, we will ask you to provide us with your name, mailing or e-mail address so that we can send the requested information to you.

Any personal information we receive from you via the public areas of the Site (e.g., your name, mailing or e-mail address) will be used by DAFgiving360 solely for the purpose of providing you with the information or materials you have requested. DAFgiving360 takes reasonable steps to ensure that the information it obtains from you remains confidential and is stored in a secured manner. DAFgiving360 does not sell, rent, loan, share, provide or otherwise make available any such personally identifiable information to any third party with the exception of sending mailing address information to Charles Schwab & Co. for fulfilling certain requests for mailed information. DAFgiving360 is committed to protecting the confidentiality of your personal information and its employees are responsible for adhering to appropriate confidentiality standards designed to protect the privacy of your information.

If you want to correct, update or confirm your personal information retained by DAFgiving360 through your use of the public areas of the Site, please contact us by phone at 800-746-6216.

DAFgiving360 may collect and provide to third parties aggregate statistics such as user traffic patterns, but these statistics will not include personally identifying information. Please be aware that you may be able to access other Internet sites via certain links available on the Site, and those web sites may collect personally identifiable information about you. The information practices of those web sites linked to this Site are not covered by this privacy statement.

Also, please note that the foregoing provisions apply to the public areas of the Site. For additional information regarding DAFgiving360’s privacy practices specifically relating to personal information obtained from potential donors, current donors, donor advisors, and other parties associated with a donor-advised fund (DAF) account, including investment advisors, successors, etc., please see DAFgiving360’s Web Site Privacy Policy.

Assumption of Risk.

Your Use of the Site and Content is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. While DAFgiving360 endeavors to protect the personal information you may provide to it, please be advised that the confidentiality of any communication or material transmitted to or from this Site over the Internet cannot be guaranteed. Accordingly, DAFgiving360 is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Moreover, DAFgiving360 will not be liable for any loss resulting from interruptions or omissions in Internet, communications, data processing, network or hosting services. You assume the sole and complete risk of using the Site.

Indemnification.

You agree to defend, indemnify, and hold harmless DAFgiving360 and any of its licensors and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any demands, damages, liabilities, judgments, awards, losses, costs, expenses or harms, including reasonable attorneys’ fees and court costs, arising out of any third-party claims based on or related to your use of the Site or any breach by you of these Terms.

Disclaimer of Warranties.

THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. DAFGIVING360 DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK. DAFGIVING360 DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU, DAFGIVING360 YOU ASSUME THE RISK OF DAMAGE AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND RELATED SYSTEMS ARISING FROM YOUR USE OF THE SITE.

THE CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT AND INFORMATION IS NOT INTENDED TO BE RELIED UPON BY YOU IN LIEU OF TAX OR LEGAL ADVICE. CONSULT WITH A TAX ADVISOR OR ATTORNEY FOR INFORMATION RELATED TO YOUR SPECIFIC SITUATION.

Limitation of Liability and Sole Remedy.

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL DAFGIVING360, ITS LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, EVEN IF DAFGIVING360 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH USING THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY, YOU AGREE THAT THE AGGREGATE LIABILITY OF DAFGIVING360 FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED $50.00 U.S.

DAFGIVING360, ITS LICENSORS AND AGENTS ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE.

Compliance with Applicable Law.

DAFgiving360 controls and operates this Site from its headquarters in the United States of America for use by citizens and residents of the United States of America. DAFgiving360 makes no representation that the Site is appropriate or available for use in other locations or that DAFgiving360 complies with the local law of other locations. If you use this Site from outside the United States of America, you are solely responsible for compliance with all applicable laws, including but not limited to the export and import regulations of the U.S. and/or other countries in relation to the Content.

Termination.

DAFgiving360 may terminate your access to all or any part of the Site, and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including, but not limited to, your breach of any of these Terms.

Modification to Terms.

DAFgiving360 reserves the right to change these Terms or its policies relating to the Site at any time and shall notify you by posting an updated version of these Terms on this Site. All changes are effective immediately when we post them. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.

General.

These Terms will be governed and interpreted pursuant to the laws of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site only in the federal and state courts located in San Francisco, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and DAFgiving360 as a result of this agreement or use of the Site. The failure of DAFgiving360 to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DAFgiving360 in writing. The Terms comprise the entire agreement between you and DAFgiving360 with respect to the Site; provided, however, that you will also be subject to any additional terms and conditions of which you are notified and to which you manifest your consent by continued use of the Site. You may also be subject to additional terms and conditions contained in any other agreements between you and DAFgiving360 including (but not limited to) DAFgiving360 Client Center Web Site User Agreement. 

QUESTIONS OR ADDITIONAL INFORMATION.

If you have questions regarding these Terms or wish to obtain additional information, please call 800-746-6216.