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Donor Terms of Service
(Effective date: May 1, 2020
These Terms of Service ("Terms") constitute a binding agreement between you and PositivePounders Charitable Giving Fund ("PositivePounders Giving Fund," "we," "our," or "us") and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at
www.PositivePounders.com/fundraiser/hub and any PositivePounders Giving Fund Services as that term is defined in the PositivePounders Giving Fund Nonprofit User Agreement.
By using our Services, you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use PositivePounders Giving Fund.
By making a donation to PositivePounders Giving Fund, you understand and agree that:
Agreement to Arbitrate
(Last updated on May 1, 2020)
Donations Made to PositivePounders Giving Fund
All donations made through PositivePounders Giving Fund programs are made to PositivePounders Giving Fund, a Donor Advised Fund ("DAF") recognized by the Internal Revenue Service ("IRS") under Section 501( c )(3) of the Code as a tax-exempt public charity (Federal Tax ID: 45-0931286), with each donor recommending a charity to which the donor wishes the funds to be granted. PositivePounders Giving Fund reviews all such recommendations under the terms set forth in the Donor Terms of Service. By using the PositivePounders Giving Fund, Donors acknowledge that their donations will be granted to recommended charities pursuant to such Donor Terms of Service. Donors will receive a date-stamped receipt of donation from PositivePounders Giving Fund marking the date the donation was made to PositivePounders Giving Fund. All grants made by PositivePounders Giving Fund are effected in a manner that is consistent with our policies and applicable laws and regulations.
The PositivePounders Giving Fund enrollment status of a charity will determine the method and speed at which we grant funds to that charity. As described below, PositivePounders Giving Fund pursues multiple specified steps to grant donations it receives to its donors' recommended charities. Pending distribution of grants, PositivePounders Giving Fund holds all donations in a secure, non-interest bearing bank account.
PositivePounders Giving Fund grants donated funds to charities enrolled with PositivePounders Giving Fund ("Participating Nonprofits" pursuant to the PositivePounders Giving Fund Nonprofit User Agreement) on a monthly basis on or around the 25th day of each month, typically 15 to 45 days after PositivePounders Giving Fund's receipt of funds. This schedule enables us to streamline processing by providing a lump sum payment to the charity, making it simpler for the charity to identify our payments and account for the funds we have raised. We distribute grants to enrolled charities via PositivePounders as we have determined this to be a fast, efficient, secure, and cost-effective way to do so. Donors can be confident their donations will reach their chosen charities securely, and the charities receive the payments into their PositivePounders accounts quickly and free of charge. Enrolled charities can also review the donations granted to them by PositivePounders Giving Fund, including donor details (except when donors choose to give anonymously), on their PositivePounders Giving Fund dashboard, accessible via their PositivePounders account. Please see our Nonprofit Certification Policy for more information about enrollment.
Through certain partner programs, donors may have the option to recommend that we grant the funds they donate to charities that have not yet enrolled with PositivePounders Giving Fund. PositivePounders Giving Fund attempts to grant donations made to benefit charities that have not enrolled with PositivePounders Giving Fund after making reasonable attempts to contact them and invite their enrollment in PositivePounders Giving Fund. We receive information about these charities from our partnership with GuideStar. We will grant funds to an unenrolled charity provided that (1) we have been able to confirm that the charity complies with the requirements of our Nonprofit Certification Policy, and (2) we have verified the charity's identity and conducted an appropriate level of due diligence into the charity, its officers and directors to confirm that it does not promote hate, violence, or racial intolerance, and does not engage in money laundering or other illegal activities.
We will first notify an unenrolled charity about PositivePounders Giving Fund's intent to grant it funds the month after donors have first indicated a desire to support it, and we will invite the charity to enroll with PositivePounders Giving Fund, enabling it to receive funds quickly and securely, and to review details of its donors. We will make multiple subsequent attempts to contact unenrolled charities, via email, letter and, in some cases, by phone. If a charity does not enroll with PositivePounders Giving Fund, we endeavor to deliver the grant funds by other appropriate means, including via check, typically within 90 days. If a charity does not enroll and we are unable to pay the charity by check (e.g., a check is returned or is not cashed within the time period specified on the check), we may, at our discretion, remove the charity from our directory of eligible charities and reassign funds in the manner described below.
Expediting Payments In Response To Disasters
In response to natural disasters, humanitarian crises or other events requiring urgent action, PositivePounders Giving Fund may seek to accelerate the payment of grants to charities undertaking relief and recovery work. We aim in those circumstances to help enable access to funds as soon as they are needed. However, we aim only to grant funds to charities that meet the requirements of our Nonprofit Certification Policy, and certain checks we carry out to protect donated funds are mandated by regulations and take time to complete.
Donation Refund Policy
All donations are gifts made voluntarily to PositivePounders Giving Fund, with no conditions. Donors receive a tax receipt from PositivePounders Giving Fund at the time of the donation. Donors who request refunds may not be eligible for tax deductions on their refunded donations.
Each month, PositivePounders Giving Fund grants will fund to enrolled charities. PositivePounders Giving Fund does not provide refunds on donations that we have already granted to a charity. Donors who wish to request a refund for a donation that has already been granted should contact the benefiting charity directly.
Refunds may be granted at PositivePounders Giving Fund’s discretion. Refunds are granted only in exceptional circumstances, and only when the funds have not been granted to a charity.
About Our Directory
We believe that a wide array of charity choices is central to increasing overall charitable giving. As such, we provide donors with a large directory of charities to which PayPal Giving Fund may grant funds. All donations are made to PayPal Giving Fund, an IRS-registered 501( c )(3) public charity (Federal Tax ID: 45-0931286).
The PayPal Giving Fund directory includes Participating Nonprofits (hereinafter "enrolled charities") that have opened a PayPal business account, become a PayPal Confirmed Charity, agreed to the PayPal Giving Fund
Nonprofit User Agreement.
On certain partner programs, the directory may also include unenrolled charities that have not agreed to the PayPal Giving Fund Nonprofit User Agreement terms. We receive information about the unenrolled charities through our partnership with GuideStar, a 501( c )(3) public charity that collects, organizes, and presents information about nonprofits in an easy-to-understand, neutral format. Some charities opt out of GuideStar sharing their information with third parties, and we do not receive information about these organizations from GuideStar.