Terms of Service

• The Basics for Givers
• The Basics for Nonprofits

Welcome! We’re Every.org and we’re so happy to have you as our guest. By accessing the Site (defined below) and/or using any of the Services (also defined below) you’re agreeing to these legally binding rules, aka the “Terms.” You’re also agreeing to our Privacy Policy, which is incorporated into and a part of these Terms.

You acknowledge that these Terms are supported by reasonable and valuable consideration, and you acknowledge the receipt and sufficiency of that consideration.

If you do not accept these Terms, and/or if you are not of legal age to form a binding contract with Every.org, you may not use the Sites or the Services.

Finally, you should note that we may offer special services or features from time to time that have their own terms and conditions. In those cases, if the terms specific to the special feature or service conflict with these Terms, the terms specific to the special feature or service will control.

With that, let’s get started!

We aim for clarity in these Terms so that they will be easy to follow. These Terms were last updated on 08/26/2021, and will be updated on an ongoing basis, as necessary. We will be sure to let you know when we make material changes with a notification on your next visit to the Site. You agree that we may notify you by posting them on the Site, and that your use of the Site and/or Services after the effective date of the updated Terms will constitute agreement to the updated Terms.

Before we dive in, here are some definitions that we will use throughout this document:

These Terms govern your use of the Site, which as you can see above, means both our website and all of our mobile apps (real or imagined). If you do not agree to be bound by these Terms, you may not use or access the Site or Services.

The Basics for Givers

Every.org is a service designed to make supporting your favorite causes as easy as possible, and to facilitate a community built on giving. Our Site is meant solely for personal, non-commercial use.

In order to make full use of the Site, you will need to register for an account. For more information about the account-creation process, including what information we collect and how we use it, please consult our Privacy Policy.

Donations

We have selected a wide variety of nonprofits to make it easy for generous souls like you to support your favorite causes. Using the Site, you can make gifts of support to all (or nearly all) of the nonprofits listed.

When you make a gift of support to a Nonprofit through the Site, your Donation goes directly to Every.org first, which has exclusive legal control over the Donation, and we issue you a receipt for your charitable contribution as a US 501(c)(3) nonprofit. At the time you make a Donation to Every.org, you also tell us which Nonprofit you’re hoping to support with that Donation. On a regular basis, Every.org approves your recommendation and disburses funds collected through Donations to recipient Nonprofits (either directly, or through a third-party nonprofit partner). We strive to ensure that your Donation goes to the Nonprofit that you preferred for your gift of support. This process ensures your eligibility for a tax deduction and consolidated records of your giving, and reduces the administrative burden of the Nonprofits to process multiple small donations from hundreds of donors.

If circumstances make Giver to that particular Nonprofit impossible or inappropriate (such as if the selected Nonprofit ceases operations or loses its tax-exempt status), we will attempt to contact you first for additional preferences on where you would like your Donation to go. If we do not receive your preferences before we must disburse the funds, then we may in our sole discretion select an alternate Nonprofit to receive the Donation. We will do our best to direct your Donation to a Nonprofit in a similar space and/or with similar goals. Except in cases of fraud, we do not issue refunds.

When you Donate through the Site, you may do so by either making a Recurring Donation or by making a One-Time Donation. You must provide a valid payment method to make a Donation using the Site. By providing your Payment Provider information, you agree that Every.org (through its third party payment service providers) is authorized to charge your Payment Provider for the full amount of any Donations you agree to make using the Site and that no additional notice or consent is required for such charges. You agree to notify us of any change in your billing address or payment account information used for payment hereunder.

If you would like to cancel a Recurring Donation, you may do so at any time by updating your settings on the Site. If the details of your Recurring Donation change, for example if we remove a nonprofit from our system, we will notify you and obtain your instructions prior to charging your next Recurring Donation payment.

The Basics for Nonprofits

Every.org is not a just a service for Givers, it is designed to make receiving support as easy as possible for Nonprofits as well, and to give Givers a community in which to promote Nonprofits they care about.

In order to receive Disbursements from us via the Site, you will need to meet the following minimum requirements:

• Your organization is recognized by the IRS as exempt from federal income tax under Internal Revenue Code Section 501(c)(3), and has public charity status under Section 509(a)(1) or (2), and such recognition is not currently revoked.
• If your organization does not meet that requirement, and instead your organization is an International Nonprofit, then you must submit all documentation requested by Every.org or one of our processing partners, and we must have determined that your organization is conducting charitable activities and/or is the equivalent of a US 501(c)(3) public charity.

Disbursements & Payment Processing

On a regular basis, Every.org approves Giver recommendations to support Nonprofits, and disburses funds actually collected through Donations to recipient Nonprofits (either directly, or through a third-party nonprofit partner). All Donations are contributions to Every.org, not to your organization, so you do not need to issue a receipt to any Giver, and we also do not need a receipt so please do not provide any.

We use payment processing partners to receive Donations and make Disbursements. The amount your organization receives from Donations may be reduced by the fees of such payment processing partners depending on which payment method was chosen by the Giver. Your organization must provide sufficient information to such payment processing partners in order to receive Disbursements, and must update such information as needed.

For more information about timing and fees, please consult our Disbursements page.

If we have chosen to make a Disbursement to your organization via a third-party nonprofit partner, you are required to enroll in the partner’s program and agree to any of their terms or requirements. The amount your organization receives from Donations may be reduced by the fees of such partner.

In exchange for Disbursements, you agree and commit that:

• You consent to the use of the name and certain limited, publicly-available information about your organization on the Site, and permit us to fundraise and collect donations on your behalf, acknowledging that it is not guaranteed that any Giver will request a Donation to your organization, and that we have no obligation to list you, or to fundraise and collect donations for you at any time.
• You will use all Disbursements either (a) for your organization’s charitable purposes or (b) for any specific charitable purpose you have proposed to us, and we have approved, prior to collecting any Donations for such purposes.
• You will not use any Disbursement to conduct non-charitable activities, including illegal activities, impermissible political activities, or to provide an impermissible private benefit to any individual or entity.
• You will comply with all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements.
• The Giver who recommended their Donation support your organization will not receive any goods or services of value (such as memberships, merchandise, or event tickets) as a result of the Donation or Disbursement to your organization, except where such goods or services can be disregarded in accordance with IRS guidance.
• You will notify us promptly of any change to your tax-exempt status or ability to carry out the specific charitable purposes for which you have received Disbursements.

If circumstances make Disbursement to your organization impossible or inappropriate (such as if your organization ceases operations, loses its tax-exempt status, or fails to comply with these Terms), we may in our sole discretion select an alternate Nonprofit to receive the Donation. Except in cases of fraud, we do not issue refunds to Givers. However, if we have made Direct Disbursements to your organization, we have the right to deduct amounts from your future Direct Disbursements to cover credit card charge-backs and disputed charges related to a Donation recommended for your organization. We will attempt to contact the Giver of any such Donation to let them know that a charge back or disputed charge will require you to refund their Disbursement to us. We reserve all rights to pursue charge back and disputed charge amounts from the Nonprofit.

Giver Data

When a Giver makes a Donation, they are given the option to share their information with your organization. If they choose this option, Every.org will make available the Giver’s name, contact information, and Donation amount. We may send this information in a periodic fundraising report or to our Disbursement partner to send to you. You can also request this information by contacting nonprofits@every.org.

For more information about what information we collect and how we use it, please consult our Privacy Policy.

Intellectual Property Rights Generally

All trademarks, service marks, and trade names on the Site, including the Every.org trademark and the Every.org logo trademark are trademarks or registered trademarks of, and are proprietary to, Every.org or other owners that have granted Every.org permission to use their trademarks.

Every.org owns all rights, title, and interest in the Site, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including all intellectual property and proprietary rights. The Site, Services, and all content contained in them are copyrighted and are the property of Every.org. We may change the Site or Services or delete the content or features of either at any time, in any way, for any or no reason.

You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Every.org’s express prior written consent and, if applicable, express prior written consent from the holder of the rights to the intellectual property (in cases where the property in question is not owned by Every.org). We reserve all rights that are not expressly granted to you under these Terms or by law. You may not remove, obscure, or alter any legal notices displayed in or along with the Site.

User-Generated Content (“UGC”)

You are solely responsible for UGC. We’ve defined the term above, but for the sake of clarity we repeat it here, UGC is: any content created by you that you publicly post on the Site. We act merely as a passive conduit for your online Disbursement and publication of your UGC. You acknowledge and agree that Every.org is not involved in the creation or development of UGC, disclaims any responsibility for UGC, and cannot be liable for claims arising out of or relating to UGC. Further, you acknowledge and agree that Every.org has no obligation to monitor, review, or remove UGC, but reserves the right to limit or remove UGC on the Site at its sole discretion.

You hereby grant Every.org a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyrights, publicity rights, and any other rights you have in your UGC, in any media now known or not currently known in order to perform and improve upon the Every.org.

By posting UGC, you warrant and represent that you have the lawful authority to grant the rights set out above.

Digital Millennium Copyright Act

Every.org has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the DMCA). If you believe any materials provide on or in connection with the Site infringes upon your intellectual property rights, please notify us by providing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please send the above information to legal@every.org, or by mail to us at

DMCA Agent
Every.org
58 West Portal Ave #781
San Francisco, CA 94127

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent pursuant to instructions that will be included in the notice.

License to Use the Site

Subject to your compliance with these Terms, Every.org grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to:

• access and use the Site; and
• access and use any content, information, and related materials that may be made available through the Site, in each case solely for your personal, noncommercial use

Any rights not expressly granted herein are reserved by Every.org and its licensors.

Code of Conduct

You agree to:

• comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws, and regulatory requirements.

You agree that you will not:

• act in an unlawful or unprofessional manner including being dishonest, abusive, insulting, threatening, discriminatory;
• promote or encourage racism, sexism, homophobia, transphobia, or any other form of hatred or bigotry;
• misrepresent your identity;
• encourage or engage in any illegal activity;
• commit fraud;
• infringe on any third party’s rights (including, without limitation, intellectual property right and privacy rights); and
• represent yourself as being employed, an agent of, directly engaged by, or affiliated with Every.org.

If you need help dealing with another Person on the Site, or have any other concerns relating to our Code of Conduct, please let us know by contacting us and letting us know what happened. We take all allegations of abuse of any kind seriously.

Since it is illegal, it should go without saying, but just in case it wasn’t already clear: you may not hack, clone, or otherwise tamper with or steal any aspect of the Site, nor interfere with its operations.

App Updates and Upgrades

By installing any app associated with the Site, you consent to the installation of the app and any updates or upgrades that are released by Every.org on your device.

Such app (including any updates or upgrades) may (i) cause your device to automatically communicate with Every.org’s servers to deliver functionality and to record usage metrics, (ii) affect app-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the app at any time.

Disclaimer and Limitation of Liability

The site is provided to you "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.

Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.

Additionally, we do not make any warranties that the site will be uninterrupted, secure or error free or that your use of the site will meet your expectations, or that the site, or any portion thereof, is correct, accurate, or reliable. Your use of the site is at your own risk. you are solely responsible for your interactions with other people. Every.org is not responsible for the conduct of any user. Every.org does not conduct criminal background checks on its people.

Every.org will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.

The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the site, your sole and exclusive remedy is to stop your use of the site.

You hereby waive any and all claims arising out of your use of the site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).

The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The services would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Indemnification

All the actions you make and information you post on the Site, , and (for Nonprofits) all activities you conduct using Disbursements, remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or willful misconduct by you;
• your access to and use of the Site;
• (for Nonprofits) your receipt of or failure to receive Disbursements via the Site;
• any breach of these Terms or our Privacy Policy by you; and/or
• your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

Dispute Resolution

The following Arbitration Agreement contains procedures for mandatory binding arbitration and a class action waiver.

1. Applicability of Arbitration Agreement.

   All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Every.org that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Every.org, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

2. Notice Requirement and Informal Dispute Resolution.

   Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Every.org should be sent to: 58 WEST PORTAL AVENUE, #781, CA 94127 US. After the Notice is received, you and Every.org may attempt to resolve the claim or dispute informally. If you and Every.org do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

3. Arbitration Rules.

   Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Every.org made to you prior to the initiation of arbitration, Every.org will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

4. Additional Rules for Non-Appearance Based Arbitration.

   If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

5. Time Limits.

   If you or Every.org pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

6. Authority of Arbitrator.

   If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Every.org, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Every.org.

7. Waiver of Jury Trial.

   The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Every.org in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Every.org waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

8. Waiver of Class or Consolidated Actions.

   All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

9. Confidentiality.

   All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

10. Emergency Equitable Relief.

    Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

11. Claims Not Subject to Arbitration.

    Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Termination and Suspension

We may terminate or limit your right to use the Site or Services in the event that we are investigating or believe that you have breached any provision of these Terms or our Privacy Policy by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If we terminate or limit your right to use the Site or Services, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. As a Nonprofit, you are prohibited from additional funding from Every.org. Even after your right to use the Site is terminated or limited, these Terms will remain enforceable against you. Every.org reserves the right to take appropriate legal action, including but not limited to pursuing arbitration.

Every.org reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site and Services at its sole discretion. Every.org is not liable to you for any modification or discontinuance of all or any portion of the Site. We have the right to restrict anyone from using the Site or Services if we believe such person may threaten the safety and integrity of the Site, or if, in Every.org’s discretion, such restriction is necessary to address any other reasonable business concern.

Miscellaneous

Entire Agreement. These Terms and any other policies posted on the Site constitute the entire agreement and supersede all other agreements between Every.org and you relating to this subject matter.

Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law and Jurisdiction. All claims arising out of or relating to these terms will be governed by California law, excluding California's conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Francisco, California, USA; you consent to personal jurisdiction in those courts.

The Site is controlled and operated from the United States, and is not intended to subject Every.org to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site or use the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Site or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.

Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Third Party Links. Our Site may contain links to third party websites that may give you information about organizations and events related to what we do. These third-party websites are not run by us, and they are responsible for, and undertake to maintain, their own terms of use. These links do not constitute endorsement or association by Every.org with these third-party websites, their content, or their operators. We have no control over the content of third-party sites and accept no responsibility for them and hereby disclaim all liability related to them.

No Third-Party Beneficiaries. These Terms control the relationship between Every.org and you. They do not create any third-party beneficiary rights.

No Agency. No agency, partnership, or joint venture, employer-employee relationship is intended or created by these Terms.

No Waiver. If you do not comply with these terms, and we don’t take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

Changes to these Terms. We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. When we do, we will give you notice of the revised Terms by posting the revised Terms on the Site and by revising the “last updated” date at the top of this page.

Contact Us

If you have questions or concerns about these terms, contact us.