- From the Mobile Giving Foundation's Official Terms and Conditions.
Effective March 1, 2009:
By electing to give a donation in response to a Mobile Giving Foundation campaign, you agree to be bound by the following terms and conditions. If you do not agree to be bound or cannot comply with any of the terms and conditions, do not continue the donation.
1. Terms of your gift:
- Thank you for contributing to a Mobile Giving Foundation campaign. Your donation is to the Mobile Giving Foundation (MGF), a 501c(3) public charity, which re-grants your donation to the charity(ies) you designated through your text message donation. Your donation will appear as Mobile Giving Foundation on your wireless statement. Per our agreement with all organizations, and in accordance with the Internal Revenue Service, the MGF has the exclusive legal control over all donation amounts. If an organization fails to comply with the MGF Standards for Participation, the MGF reserves the right to disseminate donation amounts to a complementary organization.
- Please consult your tax or financial advisor for specific questions about your gift. All MGF approved organizations qualify for 501c(3) status and donations should be tax deductible. Please save your wireless operator bill or print a donation receipt at www.mobilegiving.org/receipt. Your donation is immediate and irrevocable. Accordingly, the MGF cannot refund or cancel your donation. Please check with your wireless operator for operator specific refund policies.
2. Payment to Designated Organization:
- The MGF collects donations paid by you from your wireless operator. In some instances, your donation will be deducted from your pre-paid balance with your wireless operator. The wireless operators remit 100% of your donation to the MGF. Within 30 days of the MGF’s receipt of collected donations from the wireless operator, the MGF grants 100% of the donation to the designated organization. (There may be some designated organizations that have permitted the MGF to grant 5-10% of each donation to the MGF to cover administrative costs associated with the MGF’s mission.)
3. Donation Types:
- $5 Donations
- A donation of $5.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $5.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.
- $10 Donations
- A donation of $10.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $10.00 donation, standard text messaging and/or data rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.
- Recurring Donations
- In the event you have elected to contribute donation amounts on a monthly basis, you authorize the MGF to add such donation to your mobile phone bill on a monthly basis. In addition to your donation, standard text messaging and/or additional rates apply. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator. Standard message charges apply.
4. Help, Cancellation and Additional Information:
- If you would like to receive help, please send "HELP" to the applicable short code (20222, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 25383, 40579, 50555, 52000, 85944).
- If you would like to Opt-Out, please send STOP to the applicable short code (20222, 90999, 27722, 40202, 41010, 864833, 464329, 864233, 25383, 40579, 50555, 52000, 85944) .
- For support please email email@example.com or call 866-810-1203.
5. Service, Warranties and Liability:
- This service is available through the following wireless operators: AT&T, Nextel, Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, and Verizon Wireless.
- The MGF is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided "as is" with no warranties by the MGF or its agents, licensors, business partners, charities and/or suppliers (collectively the "MGF Parties"). The MGF Parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. You understand and agree that you use the services and/or donate through the MGF at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data.
- When making a donation through the MGF service, a variety of personal information will be collected and shared with the organization to which you have designated your donation. The MGF and designated organization may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.
- EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE MGF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.
- You agree to indemnify and hold harmless the MGF and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
- MGF’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.
- (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
- UNDER NO CIRCUMSTANCES SHALL THE MGF OR THE MGF PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
- Promotions and Advertising. The MGF and/or its business partners 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 neither the MGF nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.
- These terms shall be governed by the internal laws of the State of Colorado, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Denver County, Colorado or the United States Federal District for the District of Colorado to resolve any disputes arising under this Agreement.
- These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of the MGF to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.
- If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.
- The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation.
- Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to the MGF addressed as follows:
- Email: supportmobilegiving.org
- Phone: 866-210-1203
- US Mail:
- Mobile Giving Foundation, Inc.
- 225 108th Avenue NE, Ste 570
- Bellevue, WA 98004
- Attn: General Counsel
- The MGF may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. 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.
The MGF is a nonprofit organization that distributes or grants your donation to the nonprofit organization identified by you through your text message donation. MGF does not sell, trade or rent your personal information to other companies or individuals. The MGF may use information collected through its services and website for research and development purposes. However, such usage will not include any personally identifiable information in such research or analysis. We only use your information for its intended purposes. By completing the transaction, you give the MGF permission to provide your contact information to the charity (ies) you supported. If you do not wish to share any personal information with the charity, please contact us. MGF uses industry-leading Secure Sockets Layer (SSL) technology to keep your personal information as secure as possible.
The MGF will also use your information to provide you with a donation record and may occasionally send you updates about or from your favorite charities. If at any time you would like to correct and/or remove your information, please contact us at firstname.lastname@example.org.
The MGF complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from anyone under the age of 13. Personal information collected by the MGF is stored in our secure database. The MGF has the right to divulge information as necessary to comply with any state and federal laws.