A program of Home Instead Senior Care Foundation

TERMS OF USE

(effective as of March 14, 2017)

Welcome to GIVE65 SM, a program of the Home Instead Senior Care Foundation.

Who We Are

The mission of the Home Instead Senior Care Foundation (the "Foundation") is to enhance the lives of aging adults and those who care for them.  Founded in 2003, the Foundation has distributed more than $2 million to date to nonprofit organizations serving seniors in the United States and Canada.  The Foundation is proud to make this site (the "Site") available in connection with its GIVE65 program as a way to help generate greater giving in support of local nonprofit organizations dedicated to serving seniors.  Programs like GIVE65 are important because, on average, less than 2 percent of funding from the nation's largest grant makers is estimated to specifically focus on seniors (Foundation Center, 2012 survey).  This shortage of funding coupled with the growing senior population creates a tremendous opportunity to encourage charitable giving to nonprofit programs and services that benefit seniors.  Nonprofit organizations at the grassroots level offer aging adults resources, programs and services for a greater quality of life. 

The Foundation is a private foundation that qualifies as tax exempt under section 501 (c) (3) of the Internal Revenue Code.  The Foundation has been approved by the Internal Revenue Service to pursue public charity status.  This process for the Foundation to change its nonprofit structure began in 2015 and is expected to be complete in 2020. 

The Foundation is not legally affiliated with Home Instead, Inc. or any of the independently owned and operated Home Instead Senior Care® franchised or master franchised businesses.

Use of Site

Use of this Site is governed by the following terms and conditions and privacy policy (collectively, the "Terms"), which may be updated from time to time by and at the sole discretion of the Foundation.  It is the responsibility of each User, Donor, Hope Page Creator and Nonprofit (as these terms are defined below) to periodically check these Terms prior to using the Site.  By using or continuing to use this Site, you acknowledge and agree to these Terms, including any updates to these Terms, and that such Terms provide the legally binding terms and conditions for the use of this Site.  If you do not agree to these Terms, including any updates to these Terms, please do not use or discontinue any use of this Site. 

For purposes of these Terms, a visitor of the Site will be referred to as a "User".  A nonprofit organization that accepts the Foundation's invitation to participate in any crowd-fundraising campaign featured on the Site and is registered to use the Site for fundraising purposes will be referred to as a "Nonprofit".  A User who elects to make a donation to any Nonprofit will be referred to as a "Donor".  A User who elects to create a Hope Page on behalf of any Nonprofit will be referred to as a "Hope Page Creator". Users, Donors, Hope Page Creators and Nonprofits will also be referred to as "you" throughout these Terms, as appropriate and applicable.  The Terms outlined below apply to all Users, Donors, Hope Page Creators and Nonprofits that visit or participate on the Site.  In addition, Nonprofits must comply with the eligibility criteria and rules and guidelines outlined below.

Services & Fees

There is no fee for Users, Hope Page Creators, Nonprofits or Donors to participate on the Site.  The Foundation anticipates but does not guarantee that Nonprofits participating in any crowd-fundraising campaign featured on the Site will receive approximately 90 percent (89.8 percent) of the total donations raised and designated for their organization during such campaign.  The Foundation will deduct 8 percent of each donation raised and designated for any participating Nonprofit, as an administrative fee (the "Administrative Fee").  The Administrative Fee is intended to cover such items as the cost of developing and maintaining the Site's technology and a portion of the operating costs related to the administration of the Site, such as marketing and awareness activities.  The Foundation also will deduct an additional 2.2 percent of each donation raised and designated for any participating Nonprofit to account for 3rd party credit card processing fees (currently estimated at 2.1 percent of each donation made + $0.30 for each online transaction made).  For purposes of the preceding sentence, each visit to the Site in which a Donor makes a donation to one or more participating Nonprofits shall be considered one transaction.

Rules of Conduct

This Site requires the highest levels of conduct from its Users.  To that end, the Foundation retains the right to permanently or temporarily block access to the Site, remove content from the Site, and withhold payments while the Foundation reviews or investigates any suspected misconduct of Users, Donors or Nonprofits that do not comply with the Terms or applicable law.

In using the Site, Users, Donors Hope Page Creators and Nonprofits agree to:

Site Operation

The Foundation shall be permitted at any time to do, and shall not be liable to any User, Donor, Hope Page Creator or Nonprofit for any claims arising from the Foundation's election to do, any of the following activities:

The Foundation makes no warranty or representation that:

For U.S. Donors

Donations made through this Site are completely voluntary.  Though all donations are appreciated, the Site can only accept donations of $10 or more.  Donors do not need to establish an account to donate to their selected Nonprofit featured on the Site.  A third-party payment processor (currently, Stripe) will use the credit card information you provide solely to process your donation. By submitting your donation, you consent to (1) this third-party payment processor's and any associated bank's use of this and related information solely for purposes of processing your donation and (2) receiving a confirmation email that your donation has been received and processed and, in the case of U.S. Donors, a formal donation receipt from the Foundation. 

When a Nonprofit participates in a GIVE65 crowd-fundraising campaign, the Nonprofit and Hope Page Creator, if applicable, will receive or have access to an electronic list of Donors to such campaign that includes the Donor's contact information and donation amount (this list will exclude the Donors' credit card information).  Such information will be shared for recognition purposes and may be used by the Nonprofits for additional purposes as specified in their applicable privacy or other policies, which may include future donation requests. If you would prefer to keep your identity anonymous and/or for the Foundation to not share this information with any Nonprofit, you may implement this preference by marking the "anonymous" option on the online giving form.

Please be sure to visit the privacy policy on this Site, at http://stripe.com/us/privacy, and of any applicable Nonprofit to which you intend to make a donation for more information about how we, our service provider(s) and the applicable Nonprofit, respectively, may use your information.  Please note that we strive to maintain the highest levels of integrity related to the protection of Donor information.  However, if you are not comfortable with our or any service provider's use or permitted uses of your information as described herein these Terms or in the above referenced privacy policies, please do not use this Site to submit a donation. 

Once submitted, donations are not refundable.  Should your transaction be declined by the third-party processor for any reason, the specifics of the transaction will be handled between the third-party processor, the financial institution and you.  Declined transactions may be the result of insufficient funds, a compromised credit card that was cancelled, or a closed account, or at the financial institution's discretion.

The Foundation strives to respect and carry out the wishes of all Donors to its GIVE65 program by making every reasonable effort to allocate donations to the Nonprofits designated.  However, to comply with federal tax rules and regulations, the Foundation must retain the exclusive authority, discretion and legal control over all donated funds.  Accordingly, in the unlikely event that your selected Nonprofit failed to comply with these Terms, its tax-exempt status has been revoked or cannot be verified, or it is not in good standing with federal or state regulators, etc., the Foundation may alternatively add your donation to the Foundation's general incentive fund that offers grants to other nonprofit organizations that serve seniors and may or may not be featured on this Site or the Foundation may select an alternative nonprofit organization to receive your donation that the Foundation determines in good faith most closely resembles the mission, scope and programming of the Nonprofit that you had originally designated. 

Donors are solely responsible for determining the tax treatment of any donations made on or pursuant to the Site, and should consult their own tax professionals regarding such tax treatment.

For Non-U.S. Donors

Please consult with your tax or other financial advisor as to the applicable tax treatment of any donation that you elect to make to any Nonprofit via this Site before you make such donation.   

For Nonprofits

(a) Eligibility Criteria

Only nonprofit organizations that meet the following criteria will be eligible to participate in any crowd-fundraising campaign featured on the Site if invited by the Foundation to do so:

The following nonprofit organizations are ineligible to participate in any crowd-fundraising campaign featured on the Site:

The Foundation may share any information from a nonprofit organization's application to participate in any crowd-fundraising campaign featured on the Site with any third party for purposes of enabling the Foundation to determine whether to allow such nonprofit organization's participation on the Site.

If invited, nonprofit organizations that meet the above eligibility criteria may participate on the Site.  Notwithstanding the foregoing, Nonprofits that received a matching grant from the Foundation in year 2016 will not be eligible to receive any available matching grants from the Foundation as part of the Foundation's designated annual giving event (each such annual giving event, the "GIVE65 Event") in the year 2017; however, as part of the GIVE65 Event in 2017, such Nonprofits will be eligible to be considered by the Foundation for any available financial prize rewards that the Foundation's Board of Directors may elect in their sole discretion to award them.

The Foundation will make the final determination as to any nonprofit organization's eligibility and invitation to participate on the Site and in any crowd-fundraising campaign featured on the Site.  For questions regarding eligibility, please contact the Foundation at info@HomeInsteadFoundation.org or 402.455.0883.

(b) Rules and Guidelines

(c) Representations and Warranties

The Nonprofits using the Site represent and warrant that they: 

(d) Profile

When Nonprofits register on the Site, the Foundation collects certain information from these Nonprofits, including an email address.  The Nonprofit is responsible for making any necessary updates to its profile included on the Site so that the information included in the Nonprofit's profile is at all times accurate and in accordance with all of the Terms.

(e) License Rights

In consideration of being able to participate on the Site, each participating Nonprofit agrees to give the Foundation a limited, non-exclusive, royalty-free license to use its name, trademarks, trade names and logos to help promote the applicable crowd-fundraising campaign or the Site (including without limitation in the Foundation's related communications and promotional materials, on the Site, and on Foundation's website at HomeInsteadSeniorCareFoundation.org) during the time that the Nonprofit participates in any given crowd-fundraising campaign and for one year after such campaign's termination.  Provided a participating Nonprofit is in compliance with the Terms at all times during the duration of any applicable crowd-fundraising campaign, the Foundation grants such participating Nonprofit a limited, non-exclusive, royalty-free license to use the Foundation's "GIVE65" and "Hope for Seniors" marks (collectively, the "Foundation's Marks") solely (i) as exactly outlined in the toolkit that the Foundation may provide each participating Nonprofit prior to the start of the applicable crowd-fundraising campaign, and (ii) for use in such Nonprofit's related promotional materials during the length of such campaign. Upon the applicable crowd-fundraising campaign's conclusion or the participating Nonprofit's violation of any of the Terms (whichever event occurs first), this license right to use the Foundation's Marks shall terminate.  Any other proposed use of the Foundation's Marks or any other trademarks of the Foundation by any User, Donor or Nonprofit will require the Foundation's prior review and written approval. 

Matching Grants, Generally

Matching Grants, #GivingTuesday

Notwithstanding anything to the contrary in these Terms and subject to the following conditions, Nonprofits will individually be eligible to receive a maximum total of $5,000 in matching grants from the Foundation in connection with the Foundation's participation in the 2017 #GivingTuesday drive that is scheduled to occur on November 28, 2017.

Financial Prize Rewards

Content and Intellectual Property

This Site belongs to the Foundation and contains content and information that belongs to the Foundation or is licensed to the Foundation by its third-party service providers.  You agree that the Site and such content belongs exclusively to the Foundation or its third-party service providers, as applicable, and that you neither have nor will acquire any ownership rights to this Site and such content.  Use of this Site and its content other than as allowed pursuant to these Terms is strictly prohibited.

Notwithstanding the foregoing, Nonprofits have the ability to submit or upload information and content to the Site.  Except as otherwise permitted by these Terms, the Foundation will not have any rights with respect to such submitted or uploaded information and content. 

Indemnification

Each User, Donor, Hope Page Creator and Nonprofit that uses this Site agrees to indemnify, defend and hold the Foundation and Home Instead, Inc. (provides administrative support services to the Foundation), as well as their respective officers, directors, employees, consultants and agents, harmless from and against any losses, costs, claims, demands, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of the User's, Donor's, Hope Page Creator's or Nonprofit's use of or inability to use the Site or its services, any alleged or actual violation of any of these Terms or the rights of any third parties, and any alleged or actual violation of any applicable laws, rules or regulations.

Use of this Site is at the sole risk of each User, Donor, Hope Page Creator and Nonprofit.  The Site is provided on an "as is" and "as available" basis, with all warranties disclaimed.  The Foundation will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages related to the Site or use of the Site.

General Provisions

In the event of any conflict between any of these Terms and any statement included elsewhere on the Site, these Terms shall govern.

These Terms shall be governed by the laws of the State of Nebraska and each User, Donor, Hope Page Creator and Nonprofit that visits or uses this Site hereby consents to the exclusive jurisdiction and venue of the state or federal courts located in Douglas County, Omaha, Nebraska.

State Specific Requirements

To view state specific solicitation disclosure statements, please visit https://www.give65.org/content?cmsID=75.

Contact Us

We welcome any questions about the GIVE65 program and this Site.  Please direct any inquiries to:

Home Instead Senior Care Foundation
13323 California Street
Omaha, NE  68154
Telephone: (402) 455-0883
Email: info@HomeInsteadFoundation.org
Website: www.HomeInsteadFoundation.org

 

The Home Instead Senior Care Foundation is not legally affiliated with Home Instead, Inc. or any of the independently owned and operated Home Instead Senior Care® master franchised or franchised businesses.