Donate My Card™ Terms and Conditions

Welcome to the Donate My Card, LLC ("Donate My Card", "we", or "us", or “our”), web site located at www.donatemycard.com (the "Donate My Card Site"). We are pleased to offer you access to the Donate My Card Site and any other web sites, networks or services we own or operate (the "Donate My Card, Digital Donation Solutions^SM") on the following terms.

Please read the following agreement carefully, as it constitutes a binding legal agreement between you and Donate My Card. By clicking "I agree", or by accessing, browsing, and/or otherwise using the Donate My Card Service, you acknowledge that you have read, understood, and agree to be bound by the terms in, and linked to, this Terms of Use, including the guidelines (as defined below), and any future modifications (collectively, the "Terms").

1. Eligibility; Registration Information and Password; Access.
• Persons under the age of 13, users previously suspended or removed from the Digital Donation Solution by Donate My Card may not use the Donate My Card Solution. Persons between 13 and 17 years of age may only use the Donate My Card Solution with the permission of a parent or legal guardian.
• You need not be a registered user to browse the Donate My Card Site. However, in order to use certain features of the Donate My Card Solution (such as donating all or part of your gift card), you will need to register. To register, you must provide your legal and current name, and an active email address. You agree that the information you provide to us on registration and at all other times will be true, accurate, current, and complete. You agree to keep your information accurate and current at all times. If you are using the Donate My Card Solution on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such Subscribing Organization.
• Subject to your compliance with the Terms, we grant you permission to access and use the Donate My Card Solution as set forth in these Terms, and consistent with the intended features of the Donate My Card Solution.
2. Additional Terms and Policies.
• When using the Donate My Card Solution, you will be subject to any additional guidelines or rules applicable to specific features which may be posted from time to time or linked to these Terms (the "Guidelines"). All such Guidelines are incorporated by reference into the Terms, and so are part of this agreement.
• You understand and agree that use of the Donate My Card Solution means that you are granting either Donate My Card, LLC, the merchant or the issuer of the gift card that you are holding, the irrevocable, perpetual and unconditional right to the remaining value on the card(s), for the expressed purpose of donating that value to the charity or charities that you have selected, or in the case of no charity selected, has been selected for you. By clicking on the “Donate” button on this web site, you agree that your decision to permit Donate My Card, LLC and/or its partners to collect, extract, acquire and/or remove the value from the gift card you have designated cannot be reversed and you further agree that you cannot be refunded or credited in any manner.
• Your privacy is very important to us. Please read this policy carefully for information relating to our collection, use, and disclosure of your personal information.
3. Prohibited Conduct – BY USING THE DONATE MY CARD SOLUTION YOU PROMISE NOT TO:
• Use any technique to avoid or circumvent commissions, fees, or other charges for use of the Donate My Card Solution, such as offering other users of the Donate My Card Solution opportunities to complete transactions or donate gift cards outside the Donate My Card Solution;
• Use the Donate My Card Solution in connection with operating any form of service bureau operation;
• Use the Donate My Card Solution for any illegal, unethical, or objectionable purpose as determined by Donate My Card in its sole discretion.
4. [Marketing and Transaction Fees]
• Donate My Card Fees and Charges. Donate My Card Solution collects up to thirty percent (30%) of the amount donated from your gift card as its marketing and transaction fee. By using the Donate My Card Solution, understand that we collect this fee while using the Donate My Card Solution. This marketing and transaction fee is usual and customary for commercial fund-raising organizations to charge and collect, and participation in the Donate My Card Solution by a participating charity means that they are aware of and agree with our collection of this fee.
5. Modification of the Terms;
• Terms. From time to time, we may change, modify, add, or remove portions of the Terms, and reserves the right to do so in our sole discretion. If we modify the Terms, we will make them available through the Donate My Card Solution web site, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. All amended Terms automatically take effect 30 days after they are made available through the Donate My Card Solution web site, except that (i) disputes between you and Donate My Card will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Donate My Card Solution. Your continued use of the Donate My Card Solution after revised Terms have become effective indicate that you have read, understood and agreed to the current version of the Terms.
• Fees. We reserve the right, in our sole discretion, to modify such fees, or the features and Solutions associated with them (or to make all or any portion of the Donate My Card Solution available for free) on a going-forward basis without liability to you.
6. Prohibited Uses.
• Access to the Donate My Card Solution in territories where its contents, features, or practices are not permitted is prohibited. The Donate My Card Solution is designed for customers in the United States. Those who choose to access the Donate My Card Solution from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
• The sale of stolen property or the perpetration of fraud on Donate My Card is strictly forbidden and in violation of applicable law. We strongly support law enforcement efforts to recover any stolen property that is used on the Donate My Card Solution, and we urge the prosecution of those responsible for knowingly attempting to sell such items on Donate My Card or otherwise engaging in criminal fraudulent activity. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or government entities. Fraudulent activity includes use, conversion, or sale to a third party of any card or product attempted to be used on Donate My Card. Donate My Card will actively work with gift card issuers, processors, and other gift card solution providers, as well as appropriate law enforcement solutions, to thwart any activities involving stolen, fraudulent, or other illegal uses or cards.
• Any use of any of the Donate My Card Solution other than for personal, non–commercial purposes, without explicit written permission from Donate My Card, is strictly prohibited. As a condition of your use of the Donate My Card Solution, you agree not to use the Donate My Card Solution for any purpose that is unlawful or prohibited by these Terms. You may not use the Donate My Card Solution in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Donate My Card Solution. You may not attempt to gain unauthorized access to the Donate My Card Solution, other accounts, computer systems or networks connected to the Donate My Card Solution, or any part of them, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Donate My Card Solution or any activities conducted on the Donate My Card Solution. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Donate My Card Solution. You agree neither to modify the Donate My Card Solution in any manner or form, nor to use modified versions of the Donate My Card Solution, including for the purpose of obtaining unauthorized access to the Donate My Card Solution.
• The Donate My Card Solution may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Donate My Card Solution for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Donate My Card Solution.
7. Feedback.
• We encourage you to provide Donate My Card with comments, bug reports, suggestions for modifications, and your thoughts about Donate My Card in general ("Feedback"). In return, we shall have the right to use such Feedback, in our discretion, including but not limited to the incorporation of such suggested changes into the Donate My Card Solution and the right to assign, license or otherwise use the Donate My Card Solution. You hereby grant us a perpetual, irrevocable, nonexclusive, royalty-free license under all rights necessary to incorporate and use your Feedback for any purpose.
8. Termination.
• By Donate My Card. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us and/or your permission to use the Donate My Card Solution, and remove and discard all or any part of your account or any of your Content Submissions, at any time. We may also, in our sole discretion and at any time, discontinue providing access to the Donate My Card Solution, or any part thereof, with or without notice. Donate My Card does not permit copyright infringing activities on the Donate My Card Solution and reserves the right to terminate access to the Donate My Card Solution and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Donate My Card Solution may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Donate My Card may have at law or in equity.
9. [Ownership; Proprietary Rights.]
• The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software, if any), Solutions, and all other elements of the Donate My Card Solution provided by Donate My Card ("Materials") are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content Submissions, all Materials contained on the Donate My Card Solution are the copyrighted property of Donate My Card or its subsidiaries or affiliated companies and/or third–party licensors, or in the case of gift cards, the gift card issuers and retailers at which the cards may be redeemed. All trademarks, Solution marks, and trade names are proprietary to Donate My Card or its affiliates and/or third–party trademark owners. Except as expressly authorized by Donate My Card, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
10. Third–Party Sites, Products and Solutions; Links.
• The Donate My Card Solution may include links to other web sites or Solutions solely as a convenience to users ("Linked Sites"). Donate My Card does not endorse any such Linked Sites or the information, material, products, or Solutions contained on Linked Sites or accessible through Linked Sites. Furthermore, Donate My Card makes no express or implied warranties with regard to the information, material, products, or Solutions that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and Solutions on linked sites or available through linked sites, is solely at your own risk.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Donate My Card Solution are solely between you and such advertiser. YOU AGREE THAT DONATE MY CARD WILL NOT 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 ADVERTISERS ON THE DONATE MY CARD SOLUTION.
11. Notice.
• Except as explicitly stated otherwise, legal notices will be served on Donate My Card's national registered agent or to the email address you provide us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
12. Disclaimers; No Warranties.
• THE DONATE MY CARD SOLUTION AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SOLUTIONS, WIDGETS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DONATE MY CARD SOLUTION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DONATE MY CARD, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON–INFRINGEMENT.
• DONATE MY CARD, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE DONATE MY CARD SOLUTION AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SOLUTIONS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DONATE MY CARD SOLUTION WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DONATE MY CARD SOLUTION AND ANY DOWNLOADABLE SOFTWARE, WIDGETS, CONTENT, SOLUTIONS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DONATE MY CARD SOLUTION OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
• The use of the Donate My Card Solution does not entitle you to a charitable or other tax deduction for federal or state tax purposes. Donate My Card is not a tax advisor and nothing in these Terms should be construed as tax advice. Your tax situation will vary depending on your personal circumstances. You should consult your tax advisor regarding the consequences, if any, of your use of the Donate My Card Solution.
13. Indemnification; Hold Harmless.
• You agree to indemnify and hold Donate My Card, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Donate My Card Solution, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants you make herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
14. Limitation of Liability and Damages.
• DONATE MY CARD SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART OUT OF YOUR ACCESS TO OR USE OF THE DONATE MY CARD, OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. DISPUTE RESOLUTION
• General. Generally, if a dispute arises between Donate My Card and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Donate My Card agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Donate My Card Solution (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
• Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Donate My Card must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
• Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Claims. YOU AND DONATE MY CARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE DONATE MY CARD SOLUTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Miscellaneous.
• A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and in the case of Donate My Card must be executed in writing by an executive officer of Donate My Card. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason invalid or unenforceable, then that provision will reformed to the minimum extent necessary to make it valid and enforceable, and if not capable of such reformation shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Donate My Card without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of Donate My Card's assets. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Donate My Card relating to the subject matter herein and will not be modified except in writing, signed by both parties, and in the case of Donate My Card by an executive officer of Donate My Card, or by a change to these Terms or Guidelines made by Donate My Card as set forth above.

The Donate My Card Solution is offered by Donate My Card, Inc. If you have any questions about these Terms or the Donate My Card Solution that are not answered on the Donate My Card Site, please contact us at:

Donate My Card, LLC
10850 Wilshire Blvd.
Suite 330
Los Angeles, CA 90024
Tel: 800-613-5060
custserv@donatemycard.com

If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.