Last Modified: 4/2023
The Website is offered and available to individuals who are 21 years of age or older and reside in the United States or any of its territories or possessions. By utilizing the Website, you represent and claim that you meet the foregoing eligibility conditions. If you do not meet these conditions, you must not access or utilize the Website.
3. Accessing the Website and Account Security
We reserve the right to remove or make changes to the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. Periodically, we may restrict access to some parts of the Website, or the entire Website.
If you choose, or are provided with, a username, password, or any other information as part of our security policies, you must treat such information as confidential, and you must not disclose it to any other individual or entity. You also agree not to provide any other person with access to the Website or portions of it utilizing your username, password, or other security information. You agree to notify us at once of any unauthorized access to or utilization of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer or network.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
6. Prohibited Uses
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Additionally, you agree not to:
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
7. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
8. Changes to the Website
We may update the content on the Website periodically, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
9. Information About You and Your Visits to the Website
10. Terms of Donation
All donations through our Website or information formed through the Website, or resulting from visits made by you, are governed by this Terms of Donation section. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference. BY MAKING A DONATION THROUGH THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF DONATION.
10.1. Request Acceptance and Cancellation. You agree that your request is an offer to donate for, under these terms, all gifts and services listed in your request. All requests must be accepted by us or we will not be obligated to gift any items or services to you. We may choose not to accept any requests in our sole discretion. After having received your request, we will send you a confirmation message via email or text with your request number and details of the gifts you have requested. Acceptance of your request and the formation of the donation agreement between us and you will not take place unless and until you have received your request confirmation message. You have the option to cancel your request at any time before we have sent your request confirmation message by calling or texting our Support team.
10.2 a. Donation amounts posted on the Website are subject to change without notice. The donation amount suggested for an item or service will be the amount in effect at the time the request is placed and will be sent out in your request confirmation message.
b. Terms of donation are within our sole discretion and, unless otherwise agreed by us in writing, donation must be agreed upon by us before our acceptance of a request.
10.3. Delivery; Title and Risk of Loss. You may be able to select whether to pick up gifts at a disclosed location or have gifts delivered to you. Please check the individual gift page for specific delivery options. Title and risk of loss pass to you upon our transfer of the gifts to you. Anything we provide or gift is given “as is,” and there is no guarantee that what we gift will exactly match your request.
10.4. Returns and Refunds. WE OFFER NO REFUNDS ON GIFTS DESIGNATED AS DEAL ITEMS.
a. All donations are final with the exception of malfunctioning gifts or incorrect gift delivery. For malfunctioning gifts, we have a -hour exchange policy. If you received a malfunctioning gift or an incorrect gift delivery, please reach out to our Support team by calling or texting the number provided at the top of the Website.
b. Except for any gifts designated on the Website as deal items, we will accept a return of the gifts for an exchange for another gift at the same suggested donation amount, less the original delivery fees, provided such exchange is made within  days of delivery. To return gifts, you must contact us at [(202) 820-2328] for details on returning or exchanging your gift. You are responsible for all delivery fees on returned gifts.
10.5. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO GUARANTEE WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY GUARANTEE OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Text messaging
This section applies to users of Company’s [text messaging program]. To participate in the program, users must be 21 years of age or older. Users are giving consent to receive text (SMS) messages, using automated dialing technology for marketing and informational purposes, at the telephone number provided by the user. The program may not be accessible from all mobile providers or compatible with all mobile devices.
Participants in the program will receive marketing messages or informational messages related to Company transactions on behalf of Company, from our SMS service provider. While Company does not charge for sending SMS messages, message and data charges from your mobile provider may apply.
To unsubscribe from the [text messaging program], reply to any message with “STOP”.
12. Geographic Restrictions
The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY GOODS OR SERVICE YOU MAKE DONATIONS FOR THROUGH THE WEBSITE OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Class Action Waiver
In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DONORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
BY USING THE WEBSITE OR PARTICIPATING IN COMPANY’S MOBILE ALERT PROGRAM, YOU AGREE TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
16. Waiver and Severability
17. Entire Agreement
18. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to our Support team.
Last Modified: 4/2023