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Terms & Conditions

Imagine Nation Foundation Terms of Use

Last Updated: July 2026

Please read these Terms of Use (“Terms”) carefully is they constitute a binding legal contract between you (“you” or “your,” either an individual or a legal entity) and Imagine Nation Foundation. These Terms are provided to you by the Imagine Nation Foundation (“Foundation”) and govern your access to and use of any part of the website givetoinf.org, any donation‑related portals and any other website, subdomain, mobile or digital service or other site on which these Terms are posted, AND including any functionality, content and service included therein and made available to you by the Foundation (collectively, the “Site”). 

By accessing or using any part of the Site, you will be bound by these Terms. If you do not agree to these Terms, the Foundation is not willing to grant you any right to use or access the Site. In such event, you are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.

References to “you” or “your” in these Terms refer to the individual or entity accessing or using the Site. Where actions are taken on behalf of another individual (including a student), the person taking such actions represents that they are authorized to do so.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER): PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND THE FOUNDATION. AMONG OTHER THINGS, THEY INCLUDE AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND THE FOUNDATION SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT, AS PROVIDED BELOW. THEY ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THESE TERMS, INCLUDING THE “DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER)” SECTION BELOW CAREFULLY.]

TERMS AND SITE SUBJECT TO CHANGE

The Foundation may, at any time, update, modify, change suspend, or permanently discontinue any aspect of Site, including, but not limited to, any programs, features, functionality, services, and content made available on or through the Site, without notice.

Additionally, the Foundation may make changes to these Terms from time to time in its sole discretion. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your acceptance of any changes to these Terms constitutes your acceptance of the new Terms. It is your responsibility to review any the Terms posted to the Site from time to time.

SITE ACCESS AND OTHER POLICIES

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms. This Site is not intended for, and you may not use this Site if you are under 13 years of age.

Please note that certain services, programs, promotions, donations and donation recognitions may be governed by additional or separate terms, conditions or policies. If you wish to review the terms and conditions that apply to the aforementioned, please contact us through the “Contact Us” Section of the Site. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations that apply to your use of the Site and any donations made through the Site. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those services, programs, promotions, donations and donation recognitions, as may be further explained in such terms, conditions or policies.

See also:

Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

THIRD PARTY MATERIALS

The Site may include links or plug-ins to sites, applications and services provided or operated by companies not affiliated with the Foundation (“Third Party Materials”). The inclusion of any link or plug-in in the Site is provided solely as a convenience to you. If you access or use any Third Party Materials, you do so at your own risk. We encourage you to review the terms of use, privacy policies, and other user agreements of any Third Party Materials you choose to use, as such terms and conditions, policies, and agreements will govern your access to and use of such Third Party Materials. We do not guarantee, and are not responsible for, the availability, privacy or security of such Third Party Materials, or the accuracy, completeness, or reliability of the information contained therein. The Foundation EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH SUCH THIRD PARTY MATERIALS.

SUSPENSION OR TERMINATION OF ACCESS TO THE SITE

The Foundation reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which the Foundation may be entitled at law or in equity.

Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. Any provision set forth herein which by its nature should survive termination will survive any termination or expiration of these Terms.

Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

SITE CONTENT

We try to describe and display the features of all of the programs and services shown on the Site as accurately as possible; however, we do not warrant that all program and service descriptions, photographs, or other information on the Site is accurate, complete, current or entirely error-free. We may make changes to the Site, including donation offerings and recognitions at any time and without notice. The Foundation does not guarantee availability of any of the donation recognitions. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts.

GRANT OF LIMITED LICENSE

All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of the Foundation and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, the Foundation grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. The Foundation may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without the Foundation’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.

The Content we choose to make available on the Site from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you.

Without limitation of the foregoing, the Site may contain certain content from third parties, which may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. The Foundation does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. You agree that the Foundation is not responsible for the substance or accessibility of any Third Party Content accessible through the Sites and understand that you bear all risks associated with your access to and/or use of such content.

USE OF THE SITE

We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site or submitting any Submissions to the Site, you will not:

  • access data not intended for you or log onto a server or an account that you are not authorized to use;
  • circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
  • interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, “flooding,” “spamming,” “mailbombing” or “crashing” the Site;
  • modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
  • use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
  • transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site;
  • use the Site or the Site Content to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or
  • use the Site in a manner that is inconsistent with any and all applicable laws and regulations.

Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Foundation in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.

TRADEMARKS

The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to the Foundation. The use of these marks, except as provided in these Terms, is prohibited. From time to time, the Foundation makes fair use in the Contents of trademarks owned and used by third parties. The Foundation makes no claim to ownership of those marks.

You may not use the Foundation’s name, trademarks, service marks or other intellectual property assets or its branded services, for promotional, advertising or any other commercial purpose, unless and to the extent the Foundation specifically agrees in writing.

SUBMISSIONS

The Foundation welcomes your comments and contributions to our Site. However, you acknowledge that if you send or submit to the Foundation any suggestions, ideas, opinions, comments, photos, videos, reviews, feedback, proposals, plans or other user-generated content (collectively, “Submissions”) through or in connection with the Site, including on the Service’s interactive features, such as product reviews or on third party social media platforms (through your use of promotional hashtags designated by the Foundation), you are granting the Foundation a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Submission for any purpose whatsoever, without restriction and without compensating you in any way. You also grant and are authorized to grant the Foundation the right to use, without consideration, any name or likeness you submit with any Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to the Foundation.

You should not send us any Submission that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and the Foundation is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.

You represent and warrant that: (i) you own or otherwise control all the rights in any Submission you submit, and (ii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify the Foundation for all claims resulting from Submissions you submit to the Site.

As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site:

  • transmit to the Foundation material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  • send material that reveals trade secrets, unless you own them or have the permission of the owner;
  • send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • send material that is false or fraudulent;
  • send material that is unlawful, harmful, offensive threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable;
  • send advertisements or solicitations of business;
  • send chain letters, pyramid schemes, political campaigning or spam;
  • send material containing viruses or other malware; or impersonate another person.

The Foundation is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to the Foundation; accordingly, the Foundation has an absolute right to remove any material available through the Site in its sole discretion at any time. The Foundation reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.

INFRINGING CONTENT

If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent: info@givetoinf.org

You must include the following items in your complaint:

    • a description of the copyrighted work;
    • a description of the material appearing on the Site (including where the material appears on the Site) that you wish to be taken down;
    • your telephone number and either an e-mail address or physical mailing address where we may contact you;
    • a statement by you of your good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or the law;
    • a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    • an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

ELECTRONIC COMMUNICATIONS

The Foundation may send emails, SMS, MMS, or text messages (collectively, “Electronic Communications”) to individuals whose email addresses or mobile phone numbers are provided to us through a donation or otherwise. By providing an email address or mobile phone number to the Foundation, you consent to receive such Electronic Communications. You represent and warrant that any contact information you provide or direct the Foundation to use has been obtained in compliance with applicable laws and with the consent of the recipient, and you agree to indemnify the Foundation for any claims arising from your failure to obtain such consent.

If you receive Electronic Communications from the Foundation, you acknowledge and agree that (i) Electronic Communications will be sent to the email address or mobile phone number provided to the Foundation and anyone who has access to that email address, mobile phone or carrier account will be able to see this information; and (ii) if you subsequently provide or confirm an email address or mobile phone number directly to the Foundation, you are the owner or authorized user of the email address or the subscriber for the mobile phone number and you agree to inform the Foundation if you are no longer the owner or authorized user of the email address or the subscriber for the mobile phone number. Message frequency will vary. Message and data rates may apply. For questions about your text or data plan, please contact your wireless provider.

You can opt out of Electronic Communications at any time. For emails, you may unsubscribe by using the unsubscribe mechanism included in the email. For SMS, MMS or text messages, you can text “STOP” to the number you receive the Electronic Communications from to opt out of this program at any time. After sending this message, you will receive a text confirming your opt out, and no further messages will be sent to you. To rejoin, you can text “START” to the same number. These opt‑out rights apply regardless of whether your email address or mobile phone number was provided directly by you or by a participating parent or guardian.

If you need assistance with the Electronic Communications, or have any additional questions about the content of Electronic Communications you receive, reply with “HELP” or contact us directly in accordance with the “How to Contact Us” Section below.

Availability of Donation Recognitions

All donation recognitions listed and identified on the Site are subject to change at any time, without notice. The Foundation reserves the right, with or without prior notice, to limit the availability of or discontinue any donation recognition and to restrict or cancel any donation recognition. Occasionally, a donation recognition may no longer be available and, in most cases, we will automatically substitute with a similar recognition.

Donations

The Foundation allows individuals and business entities to make donations to the Foundation through the Site. You understand and agree that any donations made through the Site are:

  • voluntary donations intended to support the Foundation’s programs, including its student literacy initiatives;
  • do not constitute the purchase of goods or services;
  • do not create any ownership interest, entitlement to specific products, or right to receive books or other items; and
  • are not conditioned on the delivery of goods to the contributor.

Any acknowledgments, thank‑you communications, or recognition provided in connection with a donation are provided at the Foundation’s discretion and do not constitute consideration in exchange for the contribution. Any requests to modify or cancel a donation made through the Site, must be made within a reasonable time and should be submitted by contacting us in accordance with the “Contact Us” Section. In connection with any such request, you should provide your name, transaction details, and agree to provide any other information the Foundation may need to verify or process your request. While the Foundation will generally agree to effectuate any timely submitted modification or cancellation request, you understand and agree the modification or cancellation is not guaranteed and the approval of modification or cancellation requests will be made at the Foundations sole discretion.

Credit and Debit Cards

You represent that you have the legal right to use any credit or debit card or other payment method provided by you in connection with any donation made through the Site. Your credit or debit card or other accepted payment method will be charged on the day your donation is placed.

Reservation of Rights

All donations placed through the Site are subject to the Foundation’s acceptance. The Foundation may require verification of information prior to the acceptance and/or fulfillment of any donation. Your receipt of a donation confirmation does not signify the Foundation’s acceptance of your order. The Foundation reserves the right at any time after receipt of your donation to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for a donation that the Foundation later cancels, the Foundation will issue you a refund.

NO WARRANTY

THE FOUNDATION DOES NOT WARRANT THAT THE SITE, ANY OF ITS CONTENT, OR ANY COMPUTER SERVER OR THAT YOUR USE OF THE SITE, CONTENT, OR ANY COMPUTER SERVER: (i) WILL OPERATE ERROR-FREE; (ii) ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL; (iii) BE UNINTERRUPTED OR SECURE; (iv) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (v) OTHERWISE MEET YOUR REQUIREMENTS. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE FOUNDATION SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THE FOUNDATION DOES NOT GUARANTEE ANY SPECIFIC FUNDRAISING OUTCOME, EDUCATIONAL RESULT, NUMBER OF BOOKS DONATED OR CONTRIBUTED, OR PROGRAM SUCCESS. RESULTS MAY VARY DEPENDING ON DONATIONS, PARTICIPATION, TIMING, AND OTHER FACTORS BEYOND THE FOUNDATION’S CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ITS CONTENT, AND THE DONATION RECOGNITIONS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND THE FOUNDATION DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.

LIMITATIONS OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, OR THE CONTENT THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE FOUNDATION’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE THE FOUNDATION’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

INDEMNIFICATION

By using the Site, you agree to defend, indemnify and hold harmless the Foundation, and its officers, directors, employees, representatives, contractors and agents, from and against any and all losses, demands, actions, claims, damages, fines, penalties, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. The Foundation reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

 DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.

For purposes of this Dispute Resolution section, intended beneficiaries who will be entitled to enforce the provisions of this Section include: (i) You and any person or entity purporting to bring claims on Your behalf (which may be referred to “You” or “Your” for purposes of this Section, as well as (ii)  and any of it’s the Foundation affiliates, and all of its agents, directors, officers, employees, representatives, licensees, contractors, service providers, predecessors, successors, designees or assigns (collectively, “Foundation Parties”).

Notwithstanding anything to the contrary in the first paragraph of these Terms, for purposes of this Section “Foundation,” “we,” “us” and “our” shall refer to the Foundation Parties, either collectively, or individually.

Arbitration Agreement

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and the Foundation agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Site, these Terms or the Privacy Notice and receipt of any communications from the Foundation (including, but not limited to, any text messages or emails, including disputes under federal or state statutes, common law, or tort law, whether legal or equitable (each a “Dispute”) will be resolved through final and binding individual arbitration, except that (i) you and the Foundation may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court and proceed only on an individual (not a class or representative) basis and seek individual relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction, and (ii) you and the Foundation may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement applies to disputes arising before, on, or after the date of Your visit to the Site, and it survives the termination of any agreement You may have with the Foundation.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Requirement. We believe most disputes between you and the Foundation can and should be resolved by good-faith dialogue between the parties. If you and the Foundation have a Dispute (other than those exceptions set forth above), the parties to the Dispute agree that they will first make a good faith effort to resolve it informally. In connection with any Dispute, a notice (“Notice”) must be sent to the other party that describes the Dispute. The Notice must include the claimant’s name, address, telephone number, email address, sufficient information to identify any transaction at issue, and a detailed description of (i) the Dispute, (ii) the nature and basis of the claims, and (iii) the nature and basis of the relief sought with a calculation for it. The Notice must be personally signed by the party initiating the Dispute (and counsel if represented). You must send the Notice by email to info@givetoinf.org If the Foundation has a Dispute with you, Notice to you will be sent to the address or email address the Foundation has on file, the address or email address you provided in connection with your donation (if applicable). or your publicly available address or email address. After a fully completed Notice is received, you and the Foundation agree to negotiate in good faith, including through an informal and individualized telephone conference between you and the Foundation if the party receiving the Notice makes such a request. If such a request is made, you and a representative of the Foundation must personally appear at and participate in the telephone conference (if the parties are represented by counsel, counsel may also participate). Absent a mutually agreed upon extension, the parties shall work in good faith to schedule the informal telephonic dispute resolution conference within sixty (60) days of such notice, or within a reasonable amount of time to accommodate the number of requested conferences, whichever is later. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed Notice through the conclusion of this Informal Dispute Resolution Process. Completion of this process (“Informal Dispute Resolution Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this Informal Dispute Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and during such court proceeding any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. If the arbitration is already pending prior to the completion of the Notice and Informal Dispute Resolution Process, the arbitration shall be administratively closed. Nothing in this Section limits the right of a party to seek damages or other relief in arbitration for noncompliance with this Informal Dispute Resolution Process. You or we may commence arbitration only if the Dispute is not resolved through this Informal Dispute Resolution Process.

Arbitration Procedures. After exhaustion of the Informal Dispute Resolution Process, You and the Foundation agree that any unresolved Dispute must be resolved exclusively through final and binding individual arbitration with the limited exceptions set forth above. The term “Dispute” and the requirement to arbitrate will be interpreted broadly.

The arbitration shall be administered by and conducted in accordance with the applicable rules of Judicial Arbitration and Mediation Services (“JAMS”). Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/. All other Disputes shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, available at https://www.jamsadr.com/consumer-minimum-standards/, will apply where appropriate. If there are 25 or more similar demands for arbitration filed by either the same law firm or law firms acting in coordination, then the JAMS Mass Arbitration Procedures and Guidelines, available at https://www.jamsadr.com/mass-arbitration-procedures/, shall apply. JAMS’ rules are also available at https://www.jamsadr.com/ or by calling JAMS at 800-352-5267. If JAMS is not available to administer the arbitration consistent with this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.

An arbitration demand must be accompanied by a certification of compliance with the Informal Dispute Resolution Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 against represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. Both parties reserve the right to request a hearing in any matter from the arbitrator. Unless you and the Foundation otherwise agree, or the Additional Procedures for Mass Arbitration (defined below) are triggered, any in-person hearing will be held in the county or parish in which you reside. If requested by either party, You and We shall personally appear (with counsel if represented) at an individualized telephone case management conference with JAMS before an arbitrator is appointed. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the maximum extent permitted by applicable law, You and We agree that each may bring claims against the other only in Your or Our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both You and We agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief (and only that particular claim or request for relief) will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered in any court. An award shall have no preclusive effect in any other arbitration or proceeding in which You are not a named party.

Delegation/Arbitrability. You and we agree that these Terms evidence a transaction in interstate commerce and the Federal Arbitration Act (“FAA”) applies to this Arbitration Agreement exclusively and governs its interpretation and enforcement. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (i) issues that are reserved for a court in these Terms; (ii) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, and jury trial waiver; and (iii) issues that relate to the arbitrability of any Dispute.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@givetoinf.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the courts indicated below.

Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our contact information), You may reject any such change by sending a personally signed, written notice to the following address within 30 days of the change with a clear statement describing the changes to the Arbitration Agreement that you wish to opt out: by email to info@givetoinf.org. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, You are agreeing that You will arbitrate any Dispute between You and the Arbitrating Entities (defined above) in accordance with this version of the Arbitration Agreement.

Severability. Except as specifically provided herein, if any part of this Dispute Resolution Agreement is found invalid or unenforceable, then it shall be stricken and the other parts of this Dispute Resolution Agreement shall remain in full force and effect.

Class Action Waiver; Jury Trial Waiver

    • Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL. You and the Foundation are instead electing that all Disputes shall be resolved by arbitration under the Arbitration Agreement, except as otherwise provided for above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
    • Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.]

Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles[, except to the extent that the Federal Arbitration Act governs the Arbitration Agreement above. If the Arbitration Agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts that lie in Denver, Colorado, and you waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (i) inconvenient forum, or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.]

INTERNATIONAL ACCESS

The Foundation controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) listed on any U.S. government lists of prohibited or restricted parties.

NO AGENCY, EMPLOYMENT OR OTHER RELATIONSHIP

Your use of the Site, participation in any program operated by the Foundation, or submission of information through the Site does not create any fiduciary, agency, partnership, joint venture, or employment relationship between you and the Foundation. The Foundation does not act as an agent, trustee, fiduciary, or advisor for contributors, schools, donees, or participants, except as expressly stated in writing.

GENERAL TERMS

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of the Foundation. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by the Foundation constitute the entire agreement between you and the Foundation with respect to your use of the Site. These Terms and any associated documentation, agreements, notices, and communications between you and the Foundation may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all associated documentation, agreements, notices, and other communications for your reference