Terms and Conditions of The mGive Foundation Service

These Terms and Conditions were last updated on January 1, 2013

The mGive Foundation (TMF) is a 501c(3) public charity that collects premium text donations from your wireless operator and, except as set forth below, grants 100% your donation to your selected charity. When you donate through a text message campaign using a TMF short code ( 27722 , 40202 , 49622 , 50555 , 80077 , 80108 , 80806 , 90999) you are also agreeing to these Terms of Service and Privacy Policy. Please review them carefully.

If applicable, a copy of The mGive Foundation’s registration and financial information may be obtained upon request and in some cases available from the charities division of your state’s Secretary of State.

If you do not agree with these terms, please do not confirm or continue your donation. All text donations are unrestricted gifts to The mGive Foundation which are immediate and irrevocable.

Participating Carriers

The following wireless carriers support TMF charitable campaigns and generously remit 100% of your $5.00, $10.00 or $25.00 donation to the TMF: ACS Wireless , Aio Wireless , AT&T Wireless , Bluegrass Cellular , Boost , Cablevision , Carolina West , Cellcom , Cellular One EC. Il. , Cellular South , Centennial Wireless , Chariton Valley Cellular , Cincinnati Bell , Cleartalk (Flat Wireless) , Cleartalk (NTCH-CA, CO) , Copper Valley Cellular , Cox Comm , Cross , CTC Telecom (Mosaic) , Dobson , DTC Wireless , Duet IP , EKN/Appalachian , Element Mobile , Epic Touch , GCI Comm , Golden State Cellular , Hawkeye (Chat Mobility) , Hawkeye (NW Missouri) , Illionois Valley Cellular , Immix Wireless , Inland1 , Inland2 , iWireless , Leaco Rural , Mid-Rivers Communications , Mid-Tex Cellular , Mobi PCS , MTA Communications , MTPCS , NEMont Tel Coop , Nex-Tech Wireless , nTelos , Panhandle , Peoples Wireless , Pinpoint Communications , Pioneer , Plateau Wireless , Pocket Communications , RCC/Unicel , Revol , RINA , South Canaan Cellular , Sprint , T-Mobile , Thumb Cellular , Union Wireless , United Wireless , Verizon Wireless , Viaero Wireless , Virgin Mobile , West Central Wireless .

In addition to the donation amount, Message and Data Rates May Apply.

Donation Amounts

TMF allows you to donate $5.00, $10.00 and $25.00 (on select carriers) one-time donations. You can send in multiple text message donations for the donation amounts up to a certain amount specified by your wireless operator. Please feel free to contact us at support@mgive.org if you have any questions about your wireless operator’s policy.

Your donation is a gift to the mGive Foundation. mGive Foundation will use reasonable efforts to grant your gift to the charity identified by the keyword that you texted when you gave your donation. However, if we are unable to grant your gift to any specific charity, TMF will re-direct the donation to another charity or use it in accordance with TMF policy related to undirected donations.

If you give a $5.00 donation, a one-time donation in the amount of $5.00 will appear on your wireless bill or be deducted from your prepaid balance for each text message donation. Message and Data Rates May Apply. The donation will appear on your wireless bill. Once you pay your wireless bill, your wireless operator will remit 100% of your donation to TMF. Please contact your wireless operator if you have any questions about your wireless bill.

If you give a $10.00 donation, a one-time donation in the amount of $10.00 will appear on your wireless bill or be deducted from your prepaid balance for each text message donation. Message and Data Rates May Apply. The donation will appear on your wireless bill. Once you pay your wireless bill, your wireless operator will remit 100% of your donation to TMF. Please contact your wireless operator if you have any questions about your wireless bill.

If you give a $25.00 donation, a one-time donation in the amount of $25.00 will appear on your wireless bill or be deducted from your prepaid balance for each text message donation. Message and Data Rates May Apply. The donation will appear on your wireless bill. Once you pay your wireless bill, your wireless operator will remit 100% of your donation to TMF. Please contact your wireless operator if you have any questions about your wireless bill.

If it is supported by your wireless operator, if you give a monthly, automatically recurring donation of $5.00, $10.00 or $25.00, the donation amount will automatically appear on your wireless bill or be deducted from your prepaid balance each month. Message and Data Rates May Apply. The donation will appear on your wireless bill. Once you pay your wireless bill, your wireless operator will remit 100% of your donation to TMF. Please contact your wireless operator if you have any questions about your wireless bill. You can unsubscribe or opt-out from receiving these messages in the future at any time by sending "STOP" to the relevant short code.

You can get help with any campaign at any time by texting "HELP" to the relevant short code.

You can opt-out or stop a campaign at any time by texting "STOP" to the relevant short code.

You can get information related to your campaigns by texting "INFO" to the relevant short code.

If you have any questions about any TMF campaigns or charities, you can always email us at support@mgive.org.

All charges must be authorized by the account holder of your wireless device. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

Messages

By giving a text donation to TMF, you may be opt-ing in to receive additional information from your designated charity. In such cases, you will receive no more than 4 messages per month. You can unsubscribe or opt-out from receiving these messages in the future at any time by sending “STOP” to the relevant short code. In the event that you opt-in to an alert, advocacy or informational campaign on a TMF short code, you will receive additional text messages from your designated charity. You can unsubscribe or opt-out from receiving these messages in the future at any time by sending “STOP” to the relevant short code.

You can get help with any campaign at any time by texting “HELP” to the relevant short code.

You can opt-out or stop a campaign at any time by texting “STOP” to the relevant short code.

You can get information related to your campaigns by texting “INFO” to the relevant short code.

If you have any questions about any TMF campaigns or charities, you can always email us at support@mgive.org.

Your Gift

Your gift will be deducted from your pre-paid balance or added to your wireless bill.

By participating in a TMF campaign, you have given a donation to the TMF through your text message(s). Your donation may appear as mGive Foundation or the specifically designated charity on your wireless bill. If you have any questions about a donation or item on your wireless bill, please feel free to contact us at support@mgive.org. You understand that your contribution is being made to TMF, which will distribute your donation to your designated charity as a grant. As required by the Internal Revenue Service (“IRS”), TMF has exclusive legal control over the donation. You designate your charity of choice by texting a specific word to one of the short codes listed above. Once you give a donation to TMF, TMF has exclusive legal control over the donated monies. In the rare event that a charity you have recommended does not satisfy TMF’s standards for receiving donations, or if you fail to enter a specific word allowing TMF to direct your donation to the charity of your choice, TMF will select an alternate charity to receive your donation(s) or may retain the donation for its own charitable purposes.

Tax Deductibility

Your donation is tax deductible. Please talk with your financial advisor to learn more about your donation. You can print a receipt for your donation at www.mgive.org/receipt.

Refunds

Gifts to TMF are immediate and irrevocable which means the TMF cannot cancel your donation. Please check with your wireless operator to learn more about their refund policy.

Privacy

When making a donation through TMF, a variety of personal information will be collected and shared with the charity you indicate. TMF and your charity may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms. For additional information on TMF’s privacy policy, please visit www.mgive.org/privacy.

Location Services

When you text in a keyword to a TMF short code that is in response to a location based service, TMF will request your permission to obtain your location using your mobile phone in order to provide information relevant to your current location. We will then use that information to provide you with information related to your request. In some cases, this information may be collected from you using a TMF or TMF charity application. In certain cases, by texting a specific keyword to a TMF short code, you are giving TMF consent to use your location to provide you with relevant information. You can unsubscribe or opt-out from receiving these messages in the future at any time by sending “STOP” to the relevant short code.

Where applicable, our, or our charitable partners’, application may use location data. By using the application, you consent and permit your wireless carrier to share your location with others. There is no representation, warranty or guarantee of accuracy, completeness or timeliness of any location data, product or service.

If you have provided permission for a one-time campaign, you will automatically be opted-out of the service after you have received the requested information.

Privacy

Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the content and/or the website itself are owned or licensed by TMF. Except as expressly provided herein, neither TMF nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with services, content and/or website.

Indemnification

You agree to indemnify, defend, and hold TMF and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the service, website; interaction with TMF, charities, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property.

Important Message from Sprint: This is not a Sprint application. If you use this application, it may require Sprint to disclose your customer information, including location information, to the application provider or some other third party. By providing your consent, you authorize Sprint to disclose your information to third parties to enable this application. Check the application's terms of use and the policies for more information about how the application will collect, access, and use or disclose your information. Terms of use and other policies usually are available on the application provider's website. If you aren't comfortable with the application's polices, don't use it. You acknowledge and agree that (1) your relationship with the application provider is separate from your relationship with Sprint; (2) Sprint is not responsible for this application; and (3) you will hold harmless Sprint and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to this application or the acts or omissions of the application provider.

Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the website and service (including without limitation, all content, materials (and material linked thereto), advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. TMF does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. TMF hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. TMF is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other professional advice.

Limitations

To the maximum extent allowed by law, you agree that neither TMF, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if TMF has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the service or website must be brought within ninety (90) days of the date on which liability arose. Neither TMF nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.

TMF including its charities and their third party agents may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that TMF shall not be responsible or liable for any loss or damage of any sort incurred as the result of your participation.

You can contact us at:

The mGive Foundation
2150 W. 29^th Ave, Ste 200
Denver, CO 80211

Or by Email: support@mgive.org

Modifications

TMF may modify these terms at any time and for any reason without notice to you. All updates will be posted to this website, so please visit us regularly. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.