Terms of Service
(Last updated: January 1, 2015)
Welcome to the One4All website (the "Site").
This web site is owned and operated by One4All, Inc. ("we," "us," etc. or the "Company"). YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, OR INFORMATION.
The Company reserves the right to modify, suspend or remove the Site or any part of the Site, at any time or from time to time, with or without prior notice to you. You agree that we will not be liable to you or any third party for any modification or termination of the Site. You acknowledge that we have no express or implied obligation to provide or continue to provide the Site, or any part of the Site, nor to provide any maintenance, technical or other support for the Site. You acknowledge that we may, at any time, restrict, limit, suspend or terminate your access to the Site or commence charging fees for use of the Site.
We have collaborated with the One4All Charitable Fund, a 501(c)(3) public charity ("One4All"), by providing our users with a platform to create and manage their own donor advised fund ("DAF"), access publically-available information regarding charities and similar organizations, create and manage profiles in connection with their accounts, and post comments and use other communications tools provided on the Site (the "Services"). The Company assumes no responsibility or liability for the timeliness, accuracy, deletion, or mis-delivery of, or the failure to store, any Site content, user information or settings or communications tools. You bear all such risks. Likewise, we reserve the right at any time to modify or discontinue any Services, temporarily or permanently, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Unless otherwise indicated, all of the content displayed on this Site, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by the Company or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights. All user content and feedback, including messages posted to the Site, may be edited, published or otherwise used (or removed) by us. We do not claim ownership of these items, but by submitting or posting them, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicenseable right to copy, modify, publish, translate, create derivative works from, perform, display and otherwise use such content (including your submitted name, likeness, and/or voice) on this Site or in any other media for any purpose related to our services or products, and you waive any right of publicity or privacy you may have in connection with such uses.
Use of the Site
You understand that all information, data, text, messages or other materials publicly posted on the Site by third parties such as other users is the sole responsibility of the person from which such content originated. This means that you, and not the Company, bear all liability for all such content that you post, email, transmit or otherwise make available via the Services, and all risk for all third party content that you read, forward, or otherwise act on. You acknowledge that the opinions contained on this Site are not necessarily those of the Company or endorsed by us. We may provide links on the Site to other web sites which are not under our control; these links are provided for convenience of reference only and are not intended as an endorsement by the Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
You also agree that any content or feedback you submit will not: (i) infringe any third party's privacy, copyright, or other proprietary rights, (ii) be obscene, defamatory, pornographic, abusive, harassing, or fraudulent, or (iii) violate any applicable law or otherwise give rise to liability. You further agree not to use the Services to (a) post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other solicitations; (b) introduce any material that contains any software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; or (c) harvest or otherwise attempt to collect or store personal data about other users.
You acknowledge that the Company will have the right (but not the obligation) in its discretion to refuse, move, edit, or delete any content that is submitted or otherwise made available via the Service, regardless of whether such communication(s) violate these Terms. You further acknowledge that we may preserve and/or disclose such content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to third party claims regarding such content; or (d) protect the rights, property, or personal safety of the Company, its users or the public.
User Accounts and Donations
In addition to these Terms, any One4All DAF account you open, donation you make, or similar activity you undertake is governed by the terms and conditions of the One4All Charitable Fund Donor Agreement (the "Donor Agreement"), found below. By using this Site to open any One4All DAF account, make any donation or take any other act with respect to One4All, you agree to be bound by the terms and conditions in the Donor Agreement. In addition, you are responsible for maintaining the confidentiality of the user ID and password associated with your One4All DAF account and Site profile and for all activities that occur under such accounts. The Company does not retain liability or responsibility for such use.
In making a donation through your One4All DAF account or through a linked-to website operated by our payment processor(s) for donations (a "Donation"), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number, and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU IN CONNECTION WITH ANY DONATION. By submitting such information, you grant the Company (or its payment processor(s)) the right to provide such information to third parties for purposes of consummating Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. We reserve the right, in our sole discretion, to refuse or cancel any Donation for any reason. The Company (or its payment processor(s) may automatically process charges against your selected payment method. The Company or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
You agree that we may, in our sole discretion, terminate your password, account (or any part of your account), or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with any of these Terms or the Donor Agreement. You agree that any termination of your access may be effected without prior notice, and you agree that we may deactivate or delete your account and related information and files and/or prevent further access to such files or the Services, and that we will not be liable to you or any third-party for any termination of your access to the Services.
Disclaimers and Limits on Liability
THE SITE IS PROVIDED "AS IS", AND THE COMPANY AND ITS DIRECTORS, MEMBERS, EMPLOYEES AND AFFILIATES ("THE DISCLAIMING PARTIES") DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, RELIANCE ON THE INFORMATION PROVIDED HEREIN, OR UNAVAILABILITY OF THE SAME, INCLUDING LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THIS SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE DISCLAIMING PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE EXCEED ANY COMPENSATION PAID BY YOU TO THE COMPANY FOR ACCESS TO, OR USE OF, THE SITE. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
Applicable Law and Venue
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Ada County, Idaho, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of this Site.
Changes to Site Terms
The Company reserves the right to change these Terms or any other terms or policies of this Site, at any time and in our sole discretion. When making changes, we will revise the "last updated" date at the top of these Terms, and changes will be effective immediately upon posting. Your continued use of this Site following the posting of any changes will constitute your acceptance of such changes. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
If you have any questions about these Terms, please direct them to: firstname.lastname@example.org
© 2013-2017 One4All, Inc. All rights reserved.
One4All Charitable Fund
Welcome to One4All Charitable Fund ("One4All"). One4All is a 501(c)(3) public charity under the U.S. Internal Revenue Code (the "IRC") whose purpose is to manage and maintain donor advised funds ("DAFs"). This Donor Agreement ("Agreement") is intended to assist donors (who may be referred to in this Agreement as "account holders," "members," "you" or "your") in understanding both the benefits of participating in One4All's DAF program (the "Program"), and the important policies, procedures, rules and restrictions associated with establishing and maintaining a DAF account with One4All. Donor participation in the Program is subject to the terms and conditions of this Agreement, and by establishing a DAF account with One4All, you agree to accept and be bound by this Agreement. Subject to IRS rules and guidelines governing the operation of DAFs, One4All reserves the right to modify the Program and this Agreement at any time. In the event of any such modification, this Agreement will be updated and published on One4All's website at https://www.one4all.org/Agreement.
One4All is not limited to U.S. donors. All figures in this Agreement are in U.S. dollars.
1. Introduction to Donor Advised Funds
one4all.org allows you to create your own charitable fund by opening a DAF account with One4All. A DAF account is a charitable giving vehicle administered by a third party (One4All) and created for the purpose of managing charitable donations on behalf of an organization, family, or individual. A DAF account offers you the opportunity to create an easy-to-establish, low cost, flexible vehicle to facilitate your charitable giving. While donors can enjoy administrative convenience, cost savings, and tax advantages by conducting their grant-making through a One4All DAF account, the DAF account is not a "private foundation" as that term is defined by the IRC. Once funds are contributed to a One4All DAF account, the funds will be tracked on the books of One4All as attributable to funds contributed by that particular donor, but will be owned and controlled by One4All, and One4All has the ultimate authority over how the assets in all One4All DAF accounts are invested and distributed. Donors may not impose restrictions or conditions on the assets in their One4All DAF account. However, the donor, or one or more persons appointed or designated by the donor (each a "donor advisor"), will have "advisory privileges" over the distribution of funds within the donor's One4All DAF account. This means that the donor (or his or her donor advisor(s)) will have the right to provide advisory recommendations and suggestions to One4All as to the U.S. based, IRC Section 501(c)(3) charities to receive distributions (i.e., "grants") from the donor's One4All DAF account. One4All is not obligated to follow these recommendations, however, and will only do so if the recommended organization meets the criteria set forth in this Agreement.
Contributions to a One4All DAF account can be made at any time, are irrevocable and are immediately tax deductible to the fullest extent provided by U.S. law.*
* Availability of certain U.S. federal income tax deductions is limited to U.S. donors and may depend on whether you itemize deductions or not. Rules and regulations regarding tax deductions for charitable giving vary at the state level. Please check with your tax advisor. Tax deductions discussed herein refer specifically to U.S. federal taxes.
2. Attributes of a Donor Advised Fund
One4All DAF account holders have the opportunity to:
- Make direct, irrevocable charitable contributions to their One4All DAF account via various online methods of payment.
- Drive dollars to their One4All DAF account through purchases at retail stores who are participants in the One4All corporate/brand partnership program administered by One4All's affiliate, One4All, Inc. This occurs when the retail partner donates a percentage of the sale to One4All on the member's behalf. See Section 4 ("Contributions to One4All DAF Accounts") below for more information about One4All, Inc.
- Drive dollars to their One4All DAF account through employer matching programs administered by One4All, Inc.
- Recommend grants to a broad selection of other qualified United States-based charities that are IRS-approved, and in good standing, anywhere in the United States, on the member's own timetable.
- Depending on eligibility based on the member's individual tax circumstances, receive a charitable deduction for direct contributions made to the member's One4All DAF account.
All contributions and grant recommendations are subject to the review and approval of One4All and its Board of Directors. One4All Directors may delegate any of their powers and authority under this Program to employees or other representatives of One4All.
3. Establishing a One4All DAF Account
Any individual located anywhere in the world is eligible to become a One4All DAF account holder.
Unlike many other organizations that manage and maintain DAFs and that require an initial minimum contribution (often thousands of dollars) in order to establish an account, One4All permits a One4All DAF account to be opened with an initial contribution in any amount. The account can be established by completing an online application (found at www.one4all.org).
At any point after your account has been established, you will have the opportunity to designate other persons who you authorize to make grant recommendations on your behalf with respect to a specific amount of your account balance. For example, you may wish to donate $100.00 to your DAF account, designate 20 friends as your donor advisors, and give each of them the right to recommend a grant in the amount of $5.00. You will be required to provide the name and an e-mail address for each donor advisor you designate, and One4All will send instructions to them about how to make grant recommendations. Once the donor advisor has made a recommendation, his or her advisory rights with respect to your DAF account will terminate. If you do not appoint any other persons to make grant recommendations on your behalf, you, as the named account holder, will be the only person who can make grant recommendations with respect to the funds in your One4All DAF account.
4. Contributions to One4All DAF Accounts
Contributions may be made to your One4All DAF account by any means of electronic payment currently offered by One4All (such as credit card, PayPal, or direct debit from your bank account) via the One4All website at www.one4all.org. You also have the opportunity to drive additional dollars to your One4All DAF account by purchasing merchandise from retail or corporate partners of One4All's affiliate, One4All, Inc., or through employer matching grants, if your employer participates in the One4All employer matching program administered by One4All, Inc.** These dollars will appear in your One4All DAF account balance at www.one4all.org and will be held by One4All until you have recommended a qualified charity to receive them or the account has been terminated in accordance with the terms and conditions set forth in this Agreement.
Though One4All attempts to show all donations as quickly and accurately as possible in a member's account on the One4All website, there may be a delay with some transactions. In particular, transactions with retail and corporate partners, and employers who participate in the employer matching program may take up to 40 days to accrue in your account due to restrictions established by the retailers, corporations, and employers. Retail and corporate partner transactions will appear in your account labeled as "pending" until the retailer or corporation indicates that the transaction has cleared.
** One4All, Inc., is a for profit social media and marketing company which is the holding company for all One4All intellectual property, and which manages and maintains the online platform through which donors to One4All access and track their One4All DAF accounts. One4All, Inc., also initiates and maintains business partnerships with retail and corporate partners and employers, which partnerships facilitate and enhance individual philanthropy by consumers and employees who are One4All members.
5. Contributions Are Irrevocable
Once a contribution is accepted by One4All, it is an irrevocable charitable contribution to One4All. Accepted contributions are not refundable. However, to the extent dollars in your One4All DAF account are attributable to donations made on your behalf by retail and corporate partners, returning the merchandise will cause your One4All DAF account to be debited the amount that was previously contributed on your behalf.
6. Charitable Income Tax Deduction
If you are a U.S. taxpayer, you may be eligible for an itemized U.S. income tax charitable deduction on the date that you make your direct contribution to One4All, subject to applicable limits under federal law. If you are not a U.S. taxpayer, you will not be eligible for such a deduction. Donations made to your One4All DAF account by retail and corporate partners or employers may not be deducted from your taxable income. Notwithstanding anything in this Agreement to the contrary, you specifically acknowledge and agree that nothing in this Agreement constitutes or should be construed as legal or tax advice, and that you should consult your own legal or tax advisor about your personal situation.
7. Non-Interest Bearing Accounts; No Advisory Privileges Regarding Investment of Funds
All DAF accounts at One4All are non-interest bearing. Donors have no advisory privileges over how funds in their One4All DAF accounts are invested, nor do donors have any ability to select or recommend investment options or provide advice on distributions from types of investments.
8. Establishing a One4All DAF Account
Grants can be made only to U.S. charitable organizations recognized by the IRS as 501(c)(3) public charities described in IRC Section 509(a)(1) or 509(a)(2), and that are in good standing (i.e., whose exempt status has not been revoked). Grants cannot be made to private foundations, IRC 509(a)(3) supporting organizations, individuals, or employer-sponsored disaster relief funds.
One4All does not distribute grants to non-U.S. charitable organizations.
Grants may not be used for any pre-existing pledge or any private benefit (such as school tuition or scholarships sent directly to individuals), dues, membership fees, benefit tickets, or goods bought at charitable auctions. Grants may not be used to directly or indirectly provide more than an incidental benefit to any donor, donor advisor, related person, or 35% controlled entity. Grants may not provide an excess benefit to any donor, donor advisor, related person, or 35% controlled entity. Grants also may not be used for lobbying, political contributions, or to support political campaign activities.
Grants may be made to an educational institution generally (so long as such institution meets the criteria set forth above under "U.S. Public Charities") and then applied, by the institution, for scholarship purposes. The One4All DAF account holder may not choose the individual who receives the scholarship, and scholarship grants cannot follow a particular student chosen by the account holder.
One4All will reject any grant recommendation for improper purposes and will take remedial action if One4All discovers that improper grants have been made. Action may include, but not be limited to, requiring that the grant be returned.
9. Recommending a Grant
As a One4All DAF account holder, you have the right to recommend grants from your One4All DAF account to qualified charitable organizations. Grant recommendations can be made online at any time via the One4All website. Subject to the restrictions stated in Section 8 above, you may request that a grant be made to any charity that is listed on the One4All website. One4All retrieves the list of charities that appears on the website from the GuideStar® database (www.guidestar.org) and/or Internal Revenue Service data sources (such as IRS Publication 78 data and/or the IRS Exempt Organizations Business Master File).
One4All will review your completed and submitted recommendation to ensure that the proposed donation is consistent with charitable purposes and that the recommended charitable organization satisfies the criteria set forth in Section 8 above.
One4All reserves the right to deny a grant recommendation and will generally notify you of the denial within 30 days to request that a recommendation for a grant to an alternative charitable organization be made.
Grants are processed on a monthly basis. If other members have requested grants to the same eligible charity(s), these grants are aggregated and one payment is made to the charity(s). Due to the costs associated with processing small donations, One4All reserves the right to reserve disbursement of funds until the aggregate sum is greater than $20.00.
10. Grant Amount and Number Limits
One4All will consider grant recommendations as low as $1.00 and as high as the full balance of your One4All DAF account. You are not permitted to make a grant recommendation for an amount greater than your account balance.
(b) Number of Grants
One4All allows members to recommend an unlimited number of grants in any fiscal year (January 1 – December 31).
11. Minimum Grant Activity
One4All encourages all members to make grant recommendations on a regular and continuous basis throughout the year – after all, this is the best way to ensure that the funds in your One4All DAF account achieve immediate charitable impact – but, at a minimum, One4All requires that at least 5% of each DAF account be distributed over the course of a consecutive 12 month period. One4All monitors account activity on a regular basis to ensure that the minimum distribution requirement is met and flags accounts that are in danger of not meeting the requirement. If your account is flagged, One4All will contact you via e-mail as your minimum distribution deadline approaches and encourage you to make grant recommendations.
If you fail to make grant recommendations by the deadline, but have otherwise had account activity over the course of the past 12 months (such as logging in, making a direct donation, or receiving amounts in your account through donations by retail and corporate partners or employer matching programs), One4All will maintain your account in active status but will distribute 5% of the balance of your account in one of the following ways, as determined in One4All's sole discretion: (a) to one or more organization(s) that have previously received distributions from your One4All DAF account, as long as such organization(s) still satisfy the criteria set forth in Section 8 above; or (b) to One4All's general charitable operating fund.
If you fail to make grant recommendations by the deadline, and your account has otherwise been inactive over the course of the past 12 months, your account will be terminated and 100% of the account balance will be distributed as set forth in Section 12 below.
12. Inactive Accounts
An account will be deemed inactive if over a consecutive 12 month period there is no activity in the account such as logging in, making a direct donation, receiving amounts in the account through donations by retail and corporate partners or employer matching programs, or making a grant recommendation. One4All will make every reasonable effort to contact the account holder via e-mail prior to the end of such 12 month period and encourage him/her to engage in some activity with the account. If the account holder(s) does not respond, One4All will terminate the account and distribute the account balance to one or more organization(s) that satisfy the criteria set forth in Section 8 above.
13. Record Keeping and Reporting
One4All will provide confirmations of all account transactions, usually within one business day after the transaction. Contribution confirmations serve as your receipts, and should be kept with your tax records.
14. Administrative Fee
To offset One4All's administrative cost of managing and maintaining its DAF accounts and the One4All Platform, One4All currently charges an administrative fee no greater than 4.5% of the amount of the donation. One4All reserves the right to change the amount of the administrative fee at any time; you will be notified of the currently applicable fee as part of the donation transaction.
In addition to the administrative fee, there is a transaction processing fee that is equal to 2.9% + $.32 per transaction. Currently, One4All's policy is to have the member pay this transaction processing fee up-front. One4All reserves the right to change this policy at any time and you will be notified of any such change.
The following example illustrates how One4All's current administrative fee policy operates:
- When a donation of $20.00 is made, the member would be charged $20.88. Twenty dollars would be credited to the member's One4All DAF account, for distribution to qualified charities, and $0.88 would be credited to One4All's general charitable operating fund. Subject to applicable limits under U.S. tax law, if the member is a U.S. taxpayer, the full amount of the charge (i.e., $20.88) would be eligible for an itemized U.S. income tax charitable deduction.
- Subsequently, when a grant of $20.00 is made to the qualified charity(s), $.90 would be credited to the One4All’s general charitable operating fund. $19.10 would be distributed to qualified charity(s).
15. Online Account Access
One4All DAF account holders may access their account online at any time by logging into www.one4all.org with the username and password created at signup. Your account at www.one4all.org allows you to:
- See the cash balance of the account (money that you have directly donated to your account via One4All's website);
- See the donations that retail and corporate partners have made on your behalf, based on your purchases;
- See the donations made by and through employer matching programs;
- Recommend grants to charities; and
- Review the status of grants that have been recommended.
Since members can access account information on their own at any time via One4All's website, One4All's current policy (which is subject to change at any time) is that One4All will not separately e-mail or otherwise provide statements to members reporting account information about the member's One4All DAF account. However, as noted in Sections 11 and 12 above, One4All will contact members via e-mail in the event an account is in danger of not meeting the minimum distribution requirement and/or of being deemed inactive.
16. Additional Information
If you have any questions about these Terms, please direct them to: email@example.com
Information concerning One4All may also be obtained, without cost, by writing to its principal place of business at the following address:
One4All Charitable Fund
300 Main Street, Suite 107
Boise, ID 83702