The Miami-Dade County Department of Cultural Affairs
Donor User Agreement Terms and Conditions
SUMMARY
By making a gift on power2give.org (the “Website”), you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and our Privacy Policy. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries.
When giving a gift through power2give, you are making a gift to the Arts & Science Council (ASC), a registered 501(c)(3) non-profit, whose mission is to build appreciation, participation and support for arts, science, history and heritage in Charlotte-Mecklenburg. It is the Arts & Science Council’s intention to honor the expressed purpose of your gift by directing those dollars to the organization and project of your choice. ASC is serving as the fiscal agent for The Miami-Dade County Department of Cultural Affairs (DoCA), a governmental agency.
For questions about your gift, please contact us at 305-375-4634 or miami@power2give.org.
FINANCIAL DOCUMENTS
You can at any time request a written financial statement disclosing the purpose for which funds are raised, the total amount of all contributions raised, the total costs and expenses incurred in raising contributions, the total amount of contributions dedicated to the stated purpose or disbursed for the stated purpose, and whether the services of another person or organization have been contracted to conduct solicitation activities.
Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989. The license is not an endorsement by the State.
DONATION TO CHARITIES
All donations made through power2give are final and non-refundable. power2give allows a number of charities that are recognized by the Internal Revenue Service (“IRS”), as tax-exempt organizations under section 501(c)(3) of the Internal Revenue Code to post charitable projects to be funded through donations to the ASC through power2give. Your donations for these projects are made to ASC. As required by the IRS, ASC has exclusive legal control over the donation. We understand that you would like your contribution to benefit your designated nonprofit(s) and ASC makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws, ASC must retain the authority, discretion and control to spend its funds as it sees fit.
Twelve percent (12%) of each donation will be retained by ASC to cover credit card transaction costs, the maintenance of the site and other expenses incurred to operate the site successfully. The balance will typically be disbursed within fifteen business days after the project “expires” from the site or it is fully funded (whichever comes first). A project has 90 days to be funded through power2give, and after those 90 days, the project “expires” and is no longer able to accept donations. If a project is not completely funded, ASC will generally still provide the funds donated to the project sponsoring organization to be used in the discretion of that organization. In such event, the project organization may follow up with donors who gave to that project to explain how that donation will be used.
When you make a donation, you grant us permission to access your donation records at any time. We will make available to the project-sponsoring organization online reports identifying, when available, the name, address, email, and transaction accounting details of the donation.
ABOUT CHILDREN
The Site is not intended for children under the age of 13. ASC will not knowingly collect personally identifiable information via the Site from visitors in this age group.
PROPRIETARY RIGHTS
ASC owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. Absent ASC’s express written permission as to particular Content on the Site, you may use the Content only for limited personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without ASC’s prior written consent. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
The name power2give, the power2give logo, and “power2give.org” are trademarks of power2give, and you may not use any of those marks without our prior written consent.
Except as expressly provided above, ASC is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of ASC or any third party. You obtain no rights in the products, services, processes, or technology described on this Site by accessing or using the Site. ASC and its affiliates, and all third party owners, retain all of those rights.
LINKS TO OTHER WEBSITES AND CONTENT
We may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
CHANGES TO POWER2GIVE OR THE WEBSITE
We may change, suspend or discontinue any aspect of power2give service or the Website at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
DISCLAIMER OF WARRANTIES
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. We also disclaim any and all responsibility and liability for the conduct of any member.
ASSUMPTION OF RISK
We provide the Power2give service, the Website, and all materials, information (including, without limitation, any information or materials obtained or accessed through the Power2give services), products and services included therein on an “as is” basis, with no warranties whatsoever. We 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. Some states do not allow the exclusion or limitation of implied warranties, so the preceding disclaimers and exclusions may not apply to you.
Your use of power2give is entirely at your own risk.
HOLD HARMLESS AND INDEMNITY
You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the power2give service or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
LIMITATION OF LIABILITY
Except as expressly provided in these terms, in no event will ASC, its affiliates, its data providers or anyone else involved in creating, producing, delivering, or managing the content (collectively, the “site providers”), be liable to you or any third party for any claims whatsoever, in contract, tort, strict liability, or otherwise, including direct, indirect, special, incidental, punitive, or consequential damages, lost revenues, lost profits, lost opportunities, and lass of prospective economic advantage, arising out of or in connection with (a) your access or use of the site, (b) any communications sent to you via the site or otherwise from ASC, or any damages suffered as a result of omissions or inaccuracies in such information, (c) the transmission of confidential or sensitive information to or from the site providers, or (d) inconvenience, delay, or loss of use of the site or any service, even if some or all of the site providers are advised of the possibility of such damages. Without limiting the foregoing, the site providers assume no liability or responsibility for damage or injury to persons or property arising from any access or use of any product, information, idea or instruction in the content.
Additionally, under no circumstances will we be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
CHANGES TO THE TERMS OF SERVICE
We reserve the right to modify or terminate power2give or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Your continued use of the Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.
NOTICES
power2give may provide you with notices regarding power2give, the Website, or these Terms by regular mail, e-mail, or postings to the Website.
GENERAL PROVISIONS
These Terms constitute the entire agreement between you and power2give with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.
These Terms are governed by and construed in accordance with the laws of the state of North Carolina, without giving effect to its conflict-of-laws provisions. In any dispute related to the ASC, power2give, the Website, or these Terms, you consent to personal jurisdiction in North Carolina, and the Courts of North Carolina shall be the sole and exclusive forum for the litigation of any such dispute.. You must commence any cause of action you may have with respect to your use of the power2give services or the Website within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.