Terms of Service and Use

I. TERMS OF SERVICE AND USE AGREEMENT FOR ITEM RECIPIENTS (NONPROFITS, SCHOOLS, CHURCHES)
II. TERMS OF SERVICE AND USE AGREEMENT FOR ITEM PROVIDERS, LOW QUANTITY (BUSINESSES)
III. TERMS OF SERVICE AND USE AGREEMENT FOR ITEM PROVIDERS, SAMPLING (BRANDS)


I. TERMS OF SERVICE AND USE AGREEMENT FOR NONPROFITS ON DONATIONMATCH

READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE REGISTERING AS A NONPROFIT WITH DONATIONMATCH

Effective Date: This Terms of Service and Use Agreement was last updated on May 4, 2017.

THESE TERMS OF SERVICE AND USE WITH DONATIONMATCH INC., ALSO KNOWN AS "DONATIONMATCH" OR "DONATIONMATCH.COM" OR "DONATIONMATCH.ORG" (“DONATIONMATCH”) GOVERN YOUR USE OF DONATIONMATCH SERVICES. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ALL TERMS HEREOF AND ANY UPDATES TO THEM FROM TIME TO TIME.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT THESE TERMS, IMMEDIATELY CEASE USAGE OF THIS WEBSITE.

YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

You Must be Over the Age of 13

The Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the age of 13 and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.

DonationMatch uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

1. Definitions

The following terminology applies to these Terms of Use, Privacy Statement and Disclaimer Notice and any or all Agreements:

  • a. "Nonprofit", “You”, and “Your” refers to you, the person accessing this website, registering as a Nonprofit, School, Church, or other exempt organization eligible to accept tax-deductible donations or using the site on behalf of the Nonprofit and accepting DonationMatch Inc.'s terms and conditions.
  • b. "Companies", "Donors", "Brands", and "Businesses" refer to entities that access this website to donate or provide items to Nonprofits.
  • c. “Ourselves”, “We” and "Us", refers to DonationMatch, Inc., a Delaware corporation, and our entities.
  • d. “Party” and “Parties” refers to both the Nonprofit and DonationMatch, or either the Nonprofit or DonationMatch.
  • e. "The site" refers to the web pages accessible via http://donationmatch.com, including Nonprofit profile pages and all pages that show the donationmatch.com designation.
  • f. “User” and "Member" refers to any person who accesses the site.
  • g. "Event" refers to an in-person or online gathering at a specific time range.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Nonprofit’s Use License for DonationMatch

Acceptance of these Terms of Use grants you a license to use DonationMatch as a Nonprofit. However, such license shall automatically terminate if you violate any of these restrictions and may be terminated by DonationMatch Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any materials downloaded from DonationMatch which are in your possession whether in electronic or printed format, including electronically-delivered or downloadable gift certificates subject to cancellation.  

Your use license grants you the following privileges and holds you to the following restrictions:

a) Be Respectful: You must refrain from the use of foul, hateful, or disrespectful language at any time in any listing or posting.

b) Email Notices: You agree to provide accurate, current and complete information as necessary for DonationMatch to communicate with you from time to time regarding services, issue invoices, accept payment, or other account-related purposes. Therefore, you agree to keep any online account information updated, inform us of any other changes in your legal entity name, address, email address and phone number. You agree to accept emails from DonationMatch at the e-mail address specified on your account. DonationMatch may provide any notices, statements, and other communications to you through either e-mail, posting on your account login home page, and/or by mail or express delivery service.

c) Security: It is your responsibility to secure your account from unauthorized access. DonationMatch and users of DonationMatch may act upon information and instructions provided to DonationMatch from the above-specified e-mail address and any accounts linked to the same e-mail address.

d) Exempt Status (IRS for U.S.-based Nonprofits, Revenue Canada for Canada-based Nonprofits): It is your responsibility to maintain your organization's exempt organization status to be a Nonprofit User of DonationMatch and receive services and donations from DonationMatch's member companies. It is your responsibility to notify DonationMatch if you lose such exempt status. DonationMatch reserves the right to suspend or remove without notice the accounts of Nonprofits which lose this status, for which we can no longer verify this status, or for which we cannot verify the registered user' right to represent the Nonprofit.

e) Accuracy of Information: You ensure that all information posted on the DonationMatch website is full and accurate reflection of your Nonprofit profile and its event information. This pertains to location, date, beneficiary organization, and other data required. DonationMatch reserves the right to correct typographical errors and/or request an edit or clarification of your Nonprofit profile, event listings, or any other provided information.

f) Limitation on Hate Speech: DonationMatch reserves the right to refuse site access to Nonprofits involved in hate or violent speech or violent actions.

g) Non-Discrimination: Events must be open to anyone regardless of Race, National Origin, Religion, Gender, or Sexual Orientation. Events that are only open to members of an organization must be clearly indicated. These events must also include a link that clearly explains the requirements to join to organization. DonationMatch reserves the right to deny use of the site to organizations that restrict membership on the basis of Race, National Origin, Religion, Gender and Sexual Orientation.

h) Use of Donations: Goods or gift certificates (also known as Donations) accepted through DonationMatch must be used for auctions, raffles, opportunity drawings, gift bags, event favors, or fundraising purposes with exposure to all attendees at specified events listed. Terms and conditions or Special Instructions, if any, instructed by Company in relation to their item must be complied with if the item is accepted. Donations accepted through DonationMatch CANNOT be: given to volunteers or staff members (unless this is a stated use made known to donors prior to your accepting donations), sold in person (except during specified events), sold on web sites (except in online fundraising auctions if specified in event description and event type), or sold in retail stores or flea markets or any other manner. Donations cannot be transferred to other nonprofit organizations or groups without advance written permissions from each providing Companies.

i) Non-Duplication of Event Listings: An event is allowed to be listed on DonationMatch only once. Creating multiple accounts and/or event listings for the same event may result in cancellation of your account, cancellation of approved donations, and deletion of account data, including confirmed and pending transactions, without notice or refund. Donor Companies may also be notified of the action and reason.

j) Record Keeping: Nonprofit Members agree to maintain adequate books and records of these donations and their distribution and agree to make these records available upon request to DonationMatch and Companies for Terms of Use compliance, bookkeeping purposes, and verification purposes as required by law, including for the purpose of substantiating tax-deductible donations from Companies for audit purposes.

k) Non-Compete Agreement: The primary business of DonationMatch is the coordination of efforts to donate non-cash (in-kind) items for charitable event use. The continuation of DonationMatch's services depends upon recipient organizations refraining from soliciting donations directly from DonationMatch Companies outside of the DonationMatch system after becoming approved Nonprofit Members. (Companies with whom you have had personal donation exchanges prior to joining DonationMatch are excepted.) You agree that willful solicitation of participating DonationMatch Companies without DonationMatch's written approval is an improper act to circumvent DonationMatch's services performed on behalf of all Nonprofits and violates the DonationMatch relationship formed in this agreement. Improper acts may result in cancellation of your account and deletion of all account data, including confirmed and pending transactions, without notice.

l) Links: You may link to any information on the DonationMatch website that does not require a login.

m) Embedding: You may not use frames or any other method to embed Donationmatch data in your website.

n) Solicitation: You may not use DonationMatch or any information found on our site to sell any product or solicit users for any other service.

3. Confidentiality of Personal Information Supplied by Nonprofit

Nonprofit agrees that by accepting this Terms of Use Agreement, Nonprofit Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

4. Content Posted By Parties Other Than DonationMatch

Opinions, advice, statements, offers, descriptions, or other information or content made available through the DonationMatch website, but not directly by DonationMatch, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DonationMatch does not guarantee the accuracy, completeness, or usefulness of any information on DonationMatch and neither adopts nor endorses nor is responsible for the accuracy or reliability of any statement made by parties other than DonationMatch. Under no circumstances will DonationMatch be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on DonationMatch by others or transmitted to DonationMatch users.

It is possible that other DonationMatch users (including unauthorized users, or "hackers") may post or transmit fake or offensive materials on the DonationMatch website and that you may be involuntarily exposed to such fake or offensive materials. DonationMatch takes precautions to avoid unauthorized users from accessing our site; however, we offer no guarantee that such will not occur. If you witness such content, please notify us at support@donationmatch.com

5. Disclaimer Regarding Accuracy of Donor Companies' Information

Product specifications and other information have either been provided by Companies or collected from publicly available sources. While DonationMatch seeks to ensure that the information on this website is accurate, we do not endorse nor make any representations or warranties as to the accuracy, quality, or reliability of any information provided by Companies on this website. It is the responsibility of the Nonprofit to verify the information provided by Companies. DonationMatch makes no warranties or representations whatsoever with regard to any products or materials provided or offered by Companies, fulfillment, or any results that may be obtained through using them, and you acknowledge that any reliance on representations and warranties provided by any Business shall be at your own risk.

6. Compliance with Laws

Nonprofit assumes all knowledge of applicable law and is responsible for compliance with any such laws. Nonprofit may not use the DonationMatch site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Nonprofit further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Access or use of our website from territories where the contents are illegal is prohibited.

7. Disclaimer of Warranty

The materials and information on DonationMatch’s web site are provided "as is". DonationMatch makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

8. Limitations of Liability

DonationMatch is not liable for the integrity of statements made by any user of DonationMatch. DonationMatch reserves the right to modify or discontinue the DonationMatch service, in whole or in part, with or without notice to the Nonprofit. Nonprofit acknowledges and accepts that DonationMatch does not guarantee continuous, uninterrupted or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. In no event shall DonationMatch be liable to the Nonprofit or any third party for any damages arising out of the use or inability to use the materials on DonationMatch. Notwithstanding anything to the contrary contained herein, DonationMatch’s liability to you for any cause whatsoever, under any legal theory whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DonationMatch for the service during the term of use of DonationMatch. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Indemnification

Nonprofit agrees to indemnify and hold DonationMatch, its parents, subsidiaries, affiliates, officers, directors, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Nonprofit's use of the DonationMatch service, the violation of this Agreement, or infringement by Nonprofit, or other user of the service using Nonprofit's computer, of any intellectual property or any other right of any person or entity.

10. Copyrights and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010-2017 DonationMatch, Inc., with all rights reserved, or is the property of DonationMatch and/or its users protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DonationMatch is strictly prohibited. Nonprofits agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DonationMatch. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

DonationMatch and DonationMatch, Inc. trademarks may not be used in connection with any product or service that is not provided by DonationMatch, unless otherwise agreed upon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DonationMatch.

All other trademarks displayed on DonationMatch are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Companies. In addition, such use of trademarks or links to the web sites of Companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with DonationMatch.

11. Links

DonationMatch has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DonationMatch of the site. Use of any such linked web site is at the user's own risk.

12. Governing Law

DonationMatch, Inc. is organized under the laws of the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware, and you are responsible for compliance with applicable local laws.

13. Site Terms of Use Modifications

DonationMatch may revise these Terms at any time by updating and amending this posting. By using this web site you are agreeing to be bound by the then current version of these Terms of Use. You should review this page from time to time to review the current Terms because they are binding on you.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

15. Complaints

To submit a complaint regarding the DonationMatch service or to report conduct violating this Agreement, please contact DonationMatch Customer Support by emailing support@DonationMatch.com

or by mail to: 

DonationMatch Inc.
4010 Sorrento Valley Blvd Ste 400, San Diego, CA 92121

 


II. TERMS OF SERVICE AND USE AGREEMENT FOR BUSINESSES ON DONATIONMATCH

READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE REGISTERING AS A BUSINESS WITH DONATIONMATCH

Effective Date: This Terms of Service and Use Agreement was last updated on May 4, 2017.

THESE TERMS OF SERVICE AND USE WITH DONATIONMATCH INC., ALSO KNOWN AS "DONATIONMATCH" OR "DONATIONMATCH.ORG" OR "DONATIONMATCH.COM" (“DONATIONMATCH”) GOVERN YOUR USE OF DONATIONMATCH SERVICES. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ALL TERMS HEREOF AND ANY UPDATES TO THEM FROM TIME TO TIME.

IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT THESE TERMS, IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE.

YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

You Must be Over the Age of 13

The Services are not intended for and should not be used by anyone under the age of thirteen. You represent that you are over the age of 13 and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true.

DonationMatch uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.

1. Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

  • a. "Business", "Business Partner", “You” and “Your” refers to you, the person accessing this website, registering as a Business, using the site on behalf of the Business and accepting the Company’s terms and conditions.
  • b. "Company", “Ourselves”, “We” and "Us", refers to DonationMatch, Inc., a Delaware corporation.
  • c. “Party”, “Parties”, or “Us”, refers to both the Business and DonationMatch, or either the Business or DonationMatch.
  • d. "The site" refers to the web pages accessible via http://donationmatch.com, including Business profile pages and all pages that show the donationmatch.com designation.
  • e. “User”, refers to any person who accesses the site.
  • f. "Event" refers to an in-person or online gathering at a specific time range.


Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Business' Use License for DonationMatch

Acceptance of this Terms of Use grants you a license to use DonationMatch as a Business. However, such license shall automatically terminate if you violate any of these restrictions and may be terminated by DonationMatch Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any materials downloaded from DonationMatch which are in your possession whether in electronic or printed format.

Your use license grants you the following privileges and holds you to the following restrictions:

a) Be Respectful: You must refrain from the use of foul, hateful, or disrespectful language at anytime in any listing or posting.

b) Email Notices: You agree to provide accurate, current and complete information as necessary for DonationMatch to communicate with you from time to time regarding services, issue invoices, accept payment, or other account-related purposes. Therefore, you agree to keep any online account information updated, inform us of any other changes in your legal entity name, address, email address and phone number. You agree to accept emails from DonationMatch at the e-mail address specified on your account for login purposes. DonationMatch may provide any notices, statements, and other communications to you through either e-mail, posting on your account login home page, or by mail or express delivery service.

c) Security: It is your responsibility to secure your account from unauthorized access. DonationMatch and users of DonationMatch may act upon information and instructions provided to DonationMatch from the above-specified e-mail address and any accounts linked to the same e-mail address.

d) Accuracy of Information: You ensure that all information posted on the DonationMatch website is full and accurate reflection of your business profile and any item(s) listed. DonationMatch reserves the right to correct typographical errors and/or request an edit or clarification of your business profile, items listed, or any other provided information.

e) Solicitation: You may not use DonationMatch or any information found on our site to sell any product or service or solicit other users.

f) Restrictions on Donation Listings: All item listings, unless clearly marked in the title and description, must be donations and available free of charge if approved; postage, shipping, delivery, transit, or similar fees may be collected for fulfillment if stated clearly in the description and/or special instructions. Donations must have any and all terms and conditions listed in the description at the time of initial offer or request confirmation. Any donation listings that contain terms or conditions that DonationMatch feels are unreasonable or not in the spirit of a "donation" may be removed. No items related to hateful or violent speech or items that encourage hateful or violent actions may be listed. No illegal products or services (i.e. prostitution, drugs) may be listed. Items of an adult nature must be listed in a tasteful manner. Links or images of pornography are prohibited.

g) Links: You may link to any information on the donationmatch.com website that does not require a login.

h) Embedding: You may not use frames or any other method to embed Donationmatch data in your website.

i) Ability to fulfill: You must be able to fulfill or prove the ability to fulfill the full terms of your listings for quantities offered or listed as available through DonationMatch.

j) Standards: DonationMatch uses third-party ratings, resources, and data to evaluate Businesses who are allowed access to our services and reserve the right to suspend or delete accounts that do not meet our minimum standards.

3. Confidentiality of Personal Information Supplied by Business

Business agrees that by accepting this Terms of Use Agreement, Business is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy see http://donationmatch.com/privacy.

4. Content Posted By Parties Other Than DonationMatch

Opinions, advice, statements, offers, or other information or content made available through the DonationMatch, but not directly by DonationMatch, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DonationMatch does not guarantee the accuracy, completeness, or usefulness of any information on DonationMatch and neither adopts nor endorses nor is responsible for the accuracy or reliability of any statement made by parties other than DonationMatch. Under no circumstances will DonationMatch be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on DonationMatch by others or transmitted to DonationMatch users.

It is possible that other DonationMatch users (including unauthorized users, or "hackers") may post or transmit fake or offensive materials on the DonationMatch website and that you may be involuntarily exposed to such fake or offensive materials. DonationMatch takes precautions to avoid unauthorized users from accessing our site; however, we offer no guarantee that such will not occur.

5. Disclaimer Regarding Accuracy of Nonprofit’s Information

Nonprofit profiles, event listings, exempt status, tax-deductibility of donations, and other information have either been provided by the Nonprofits or collected from publicly available sources. While DonationMatch seeks to ensure that the information on this website is accurate, we do not endorse nor make any representations or warranties as to the accuracy or reliability of any information provided by the Nonprofits on this website, the manner in which donations are used, or fulfillment of agreements, implied or explicit. It is the responsibility of the Business to verify the Nonprofit prior to providing a donation.

6. Compliance with Laws

Business assumes all knowledge of applicable law and is responsible for compliance with any such laws. Business may not use the DonationMatch site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Business further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Access or use of our website from territories where the contents are illegal is prohibited.

7. Disclaimer of Warranty

The materials on DonationMatch’s web site are provided "as is". DonationMatch makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

8. Limitations of Liability

DonationMatch is not liable for the integrity of statements made by any user of DonationMatch. DonationMatch reserves the right to modify or discontinue the DonationMatch service with or without notice to the Business. Business acknowledges and accepts that DonationMatch does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. In no event shall DonationMatch be liable to the Business or any third party for any damages arising out of the use or inability to use the materials on DonationMatch. Notwithstanding anything to the contrary contained herein, DonationMatch’s liability to you for any cause whatsoever, under any legal theory whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DonationMatch for the service during the term of use of DonationMatch. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Indemnification

Business agrees to indemnify and hold DonationMatch, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Business' use of the DonationMatch service, the violation of this Agreement, or infringement by Business, or other user of the service using Business' computer, of any intellectual property or any other right of any person or entity.

10. Copyrights and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010-2017 DonationMatch, Inc., with all rights reserved, or is the property of DonationMatch and/or its users protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DonationMatch is strictly prohibited. Business agrees to not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DonationMatch. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

DonationMatch and DonationMatch, Inc. trademarks may not be used in connection with any product or service that is not provided by DonationMatch, unless otherwise agreed upon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DonationMatch.

All other trademarks displayed on DonationMatch are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those companies. In addition, such use of trademarks or links to the web sites of companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with DonationMatch.

11. Links

DonationMatch has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DonationMatch of the site. Use of any such linked web site is at the user's own risk.

12. Governing Law

DonationMatch, Inc. is organized under the laws of the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware, and you are responsible for compliance with applicable local laws.

13. Site Terms of Use Modifications

DonationMatch may revise these Terms at any time by updating and amending this posting. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. You should review this page from time to time to review the current Terms because they are binding on you.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

15. Complaints

To submit a complaint regarding the DonationMatch service or to report conduct violating this Agreement, please contact DonationMatch Customer Support by emailing support@DonationMatch.com

or by mail to: 

DonationMatch Inc.
4010 Sorrento Valley Blvd Ste 400, San Diego, CA 92121

 


III. TERMS OF SERVICE AND USE AGREEMENT FOR BRANDS (SAMPLING) ON DONATIONMATCH

THE TERMS OF SERVICE FOR BRANDS DISTRIBUTING ITEMS TO PARTICIPANTS OF EVENTS LISTED ON DONATIONMATCH ARE NOW POSTED AT SAMPLINGFORGOOD.COM/TERMS