Terms of Use
Please read these Terms of Use (the “Terms”) carefully before using this Site, operated by Grapevine Giving Foundation (“GGF”), a 501(c)(3) nonprofit organization. These Terms set forth the legally binding terms and conditions for your use of the website at www.grapevinegivingfoundation.org (the “Site”). By using the Site in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms and acknowledge that you have reviewed and understand GGF’s Privacy Policy, as updated from time to time in accordance with Section 1 below. Please carefully read these Terms before you use the Site, as they contain a waiver of jury trial, arbitration agreement and class action waiver.
1. Modification of Terms
GGF reserves the right, at its sole discretion, to modify or replace these Terms and our Privacy Policy by posting the updated Terms and Privacy Policy on the Site. Such modifications and additions will be effective immediately and incorporated into these Terms and our Privacy Policy. It is your responsibility to check the Terms and Privacy Policy periodically for changes. We will make reasonable efforts to notify you of any material changes to the Terms and Privacy Policy, including, but not limited to, by posting a notice to our Site or by sending an email to an address you have provided to us. Your continued use of the Site following the posting of any changes to the Terms and Privacy Policy constitutes acceptance of those changes.
2. Modification of Site
Through the Site, email, websites, and other media, GGF may make accessible various content, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively “Content”). GGF reserves the right to change, suspend, or discontinue the Site (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. GGF may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. You agree that GGF will not be liable to you or to any third party for any modification, suspension, discontinuance, or restriction of any of the Site.
3. Account Security
To use the Site, you must: (i) be at least 18 years old (and at least the legal age in your jurisdiction), (ii) have not previously been suspended or removed from the Site, and (iii) use the Site in compliance with any and all applicable laws and regulations. GGF may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in those jurisdictions.
4. Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms or in violation of any local, state, national, or international law. The Site is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with your use of the Site. You shall not take any action that:
Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
You know is false, misleading, or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, or that a reasonable person could deem to be obscene, offensive, profane, objectionable, indecent, pornographic, harassing, hateful, or otherwise inappropriate or invasive of another’s privacy;
Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
Interferes with the operation or any User’s (as defined in Section 5) enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or any other malicious codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
Is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by GGF in its sole discretion) an unreasonable or disproportionately large load on GGF’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site; (iii) interfere in any way with security-related features of the Site; (iv) bypass any measures GGF may use to prevent or restrict access to the Site (or computer systems or networks connected to the Site); or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
5. Recommendations and Donations
GoodMatch Inc. (“Provider”) owns and operates www.grapevine.org, a platform (“Grapevine”) for Giving Circles. This enables individuals (“Members” and “Donors”) to come together with other Members and Donors to form a “Giving Circle”, which is a group of Members and Donors that pool their donations and decide together what nonprofits to support as a collective (“Giving Circle”). Certain Members have the role of administering a Giving Circle (“Leaders”) and coordinate with their Giving Circle Members to suggest to GGF, the recipient of all contributions made via the Grapevine platform, to which recipient organization(s) the Leaders wish their contributions be distributed. Leaders then inform GGF of the organizations to which they wish GGF to distribute their contributions and GGF may grant the contributions to the recommended nonprofits.
GGF is the donor of record for donations made on the Grapevine platform. Leaders recommend charitable organizations and their projects to raise and grant money from Members and Donors. By making recommendations on Grapevine, you as the Leader are offering the public the opportunity to accept your recommendation and to make financial decisions based upon it. By donating through a recommendation page on Grapevine, you as the Member or Donor accept that recommendation and there is no official contract between Leader and Donor or Member, or between Provider and Donor or Member. Provider is not a party to the recommendation given and received between Leader and Donor or Member; rather Provider is merely providing this platform for Leaders and Donors and Members to use to solicit contributions for GGF and allows Leaders to suggest that GGF contribute those contributions to the recommended recipient organization(s). All dealings are solely between Users.
GGF, Leaders, and Users may use the website platform of Provider to solicit charitable contributions from individuals and organizations located nationwide, including California. The charity of record will be GGF (EIN: 87-2389502), a 501(c)(3) charity and donor advised fund, which will be the recipient of contributions made using the platform of Provider.
GGF may also use the website platform of Provider to grant contributions that GGF solicits via the website platform of Provider to recipient charitable organizations (“Recipient Charities”). GGF will grant funds to Recipient Charities based on suggestions made by the Leaders of the Grapevine Giving Circles. The Grapevine Giving Circles are a group of Users that create donor advised funds with GGF and the Leaders of said Grapevine Giving Circles suggest that GGF contribute to certain Recipient Charities.
All contributions solicited by GGF and/or Grapevine Giving Circles and Users thereof via the website platform of Provider shall be subject to GGF’s exclusive control and discretion. GGF will grant the donated funds to the suggested Recipient Charities that are eligible to receive grants via physical checks and/or electronic transfer (each an “Eligible Recipient Charity”) no later than 30 business days after the end of each month for donations received the prior month, or earlier if required under applicable law.
GGF will not send donations to a Recipient Charity if: (1) the Recipient Charity’s public charity status with the Internal Revenue Service as an organization described in Section 501(c)(3) of the Internal Revenue Code has changed or has been revoked; or (2) the Recipient Charity’s registration to solicit charitable contributions with the California Attorney General’s Office Registry of Charitable Trusts is not in good standing, which means that the registration is delinquent or suspended or revoked; or (3) or the Recipient Charity is prohibited from soliciting or operating in the state by the California Attorney General, or the Recipient Charity’s tax-exempt status has been revoked by the California Franchise Tax Board. Such organizations would not be an Eligible Recipient Charity.
Donations generated by activities which qualify as Solicitation Type A under California law will be sent to the Recipient Charity within a maximum of thirty (30) days after the end of the month in which the donation was made on Grapevine, unless the Recipient Charity is not eligible to be sent the funds, as described above. The donor will receive a receipt from GGF as the recipient charity within five (5) business days of your donation.
You will receive notification that your Donation was sent to the Recipient Charity within fifteen (15) days business days after the donated funds were sent.
If the Recipient Charity becomes ineligible to receive donated funds, GGF will notify you in writing no later than thirty (30) days after a determination of eligibility, and request that you recommend an alternate charitable organization. Such written notification may be sent electronically. Donors shall have thirty (30) days from the date of written notification to recommend an alternate charitable organization. If an alternate is timely recommended, GGF will send the donated funds to the alternate charitable organization no later than thirty (30) days from the last date donors could timely recommend an alternate, unless GGF determines the alternate is not eligible. If an alternate is timely recommended and determined to be not eligible, GGF will select another alternate charitable organization, and send donated funds to such alternate no later than thirty (30) days from the last date donors could timely recommend an alternate. If an alternate is not timely recommended, GGF will select an alternate charitable organization and send the donated funds to the alternate no later than thirty (30) days from the last date donors could timely recommend an alternate.
If a Recipient Charity makes a written request for removal from the website platform of Provider or any solicitation regarding such Recipient Charity, GGF shall promptly verify the request is legitimate, and will remove such Recipient Charity no longer than three business days after such request is verified. If, as a Recipient Charity, you wish to effect such removal from the platform, please email such removal request to info@grapevine.org.
6. Third-Party Sites
The Site may contain links to third-party websites or services on the Internet, and other websites or services may contain links to the Site. When you access third-party websites, you do so at your own risk. GGF provides such links as a convenience, and does not control or endorse these websites and services, and you acknowledge that GGF is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or services. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with GGF. You further acknowledge and agree that GGF shall not be liable for any damage or loss related to the use of any such third-party website or service.
7. Content and License
You agree that the Site contains Content provided by GGF and its partners and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Site.
GGF grants to each user of the Site a limited, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable, non-sublicensable, and royalty-free license for you to use the Site and Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from GGF, or from the copyright holder. You shall not sell, license, rent, assign, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
8. Intellectual Property
This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without GGF’s express permission. All trademarks and service marks on the Site belong to GGF, except third-party trademarks or service marks, which are the property of their respective owners.
9. Termination
If you violate these Terms, your permission to use the Site will automatically terminate. In addition, GGF may suspend or terminate your access to the Site, without cause or notice. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Warranty Disclaimer
The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although GGF seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to the Site, and there may at times be inadvertent technical or factual errors or inaccuracies. GGF specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. GGF does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
11. Indemnification
You agree that you will be personally responsible for your use of the Site and you agree to defend, indemnify, and hold harmless GGF, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, damages, losses, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to: (i) your use or misuse of, or access to, the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third-party right including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. GGF reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with GGF in asserting any available defenses.
12. Limitation of Liability
IN NO EVENT SHALL GGF, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE. THE TOTAL LIABILITY OF GGF, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, SHALL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. International
Accessing the Site is prohibited from territories where the Content is illegal. If you access the Site from any foreign jurisdiction, you do so at your own initiative and are responsible for compliance with local laws.
14. Electronic Delivery, Notice Policy, and Your Consent
By using the Site, you consent to receive communications from GGF including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. GGF may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must contact us at hello@grapevinegivingfoundation.org or discontinue your use of the Site.
15. Governing Law
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law. Subject to Section 15, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you consent and agree to submit to the exclusive personal jurisdiction of the state and federal courts within New York County, New York for the purposes of litigating any such disputes. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.
16. Dispute Resolution by Binding Arbitration
IN THE INTEREST OF RESOLVING DISPUTES BETWEEN YOU AND GGF IN THE MOST EXPEDIENT AND COST-EFFECTIVE MANNER, YOU AND GGF AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION (“AGREEMENT TO ARBITRATE”). ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION OR LITIGATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT INDIVIDUAL PARTY’S CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
17. Integration and Severability
These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and GGF with respect to your use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and GGF with respect to the Site and govern the future relationship. Except as expressly permitted above, these Terms, together with the Privacy Policy, may only be amended by a written agreement signed by authorized representatives of the parties.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be given effect to the greatest extent possible and the remaining parts of the Terms will remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The failure to require performance of any provision shall not affect GGF’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
18. Miscellaneous
GGF shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond GGF’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with GGF's prior written consent. GGF may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.