Donor Terms of Services

Effective date: May 1st, 2024

These Terms of Service (“Terms”) constitute a binding agreement between you and uCare (“uCare,” “we,” “our,” or “us”) and govern your use of our websites, subdomains, and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at https://ucare.fund/.

 

By using our Services, you (i) agree that these Terms are supported by reasonable, valuable and sufficient consideration, (ii) acknowledge the receipt of such consideration, and (iii) state that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use uCare.

By making a donation to uCare, you understand and agree that:

  1. Your donation can be payment in the form of cash, marketable securities, or other property acceptable to uCare.
  2. Your donation is made to uCare, a non-profit organization organized under Section 501( c )(3) of the Code as a tax-exempt public charity- (Federal Tax ID: 99-1693157). uCare receives contributions for the uCare Programs and Projects and disburses those contributions to charities through grants to further charitable and educational purposes. uCare will only make donor-advised grants to organizations that qualify and have been recognized by the IRS as public charities under Sections 509(a)(1) or 509 (a)(2) of the Code, or foreign organizations that, in the sole discretion and determination of uCare, are the equivalent of US public charities or conduct programs that would qualify as charitable and educational under US law. uCare will not grant funds directly to individuals, supporting organizations, or non-operating private foundations.
  3. When you make a donation to uCare, you may recommend that uCare either use it for the uCare Programs and Projects or make a corresponding grant to a charity as a part of your donation. By making such a recommendation, you certify that the grant will not be used to confer a personal or more than incidental benefit on you, any member of your family, or any entity affiliated with or controlled by you. You also certify that no grant recommended by you will be made to satisfy a legally binding charitable pledge, to permit participation in an event (such as a dinner, raffle, or auction), or to pay for goods or services received by you, your family member(s) or any other person. You should be aware that IRS penalties may apply if you recommend a grant that results in impermissible benefits.
  4. uCare will make every effort to use the funds you donate for designated projects or Programs or partly grant them to your recommended charity. You acknowledge that any grants made by uCare will be made in accordance with uCare’s policies. You understand that uCare, as required by law, retains exclusive legal control over all donations and may redirect funds to a similar qualifying charitable organization if it cannot follow your recommendation. If a portion of your donation remains unspent or unallocated upon completion of the applicable program or purpose, or in the unlikely case that uCare otherwise determines in good faith that it is no longer possible for the donation to serve its original purpose, then uCare may use the remaining funds for unrestricted general support.
  5. As required by law, in order for your donation to uCare, to be considered tax-deductible, it must be a final and irrevocable gift to uCare. Refunds may only be granted in exceptional circumstances, in accordance with our Donation Refund Policy, and only when the funds have not already been utilized for uCare Programs and projects or re-granted by uCare to another charity.
  6. uCare will provide your donation receipt, and you will disregard any additional tax receipt you receive from a benefiting charity as a result of uCare’s grant.
  7. Your personal data, including your name, email address, and physical address (if on file) will be treated in accordance with our Privacy Policy, and unless you have elected to donate anonymously, will be shared with charities who benefit from your donations to uCare. Your data will not be shared with any other organization or individual.
  8. uCare does not charge any fees for contributions made to it. However, certain partners may deduct from your contribution processing or platform fees pursuant to those partners’ policies. You acknowledge that partners may deduct such fees, which they will disclose to you at the time that you complete a donation to uCare using their site(s) or services.
  9. uCare may publicly acknowledge your donation in accordance with uCare customary donor recognition practices unless you otherwise instruct uCare.

Indemnity

  1. You agree to indemnify, defend, and hold harmless uCare and its affiliates and each of its and their officers, directors, employees, agents, and assigns (“uCare Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to (a) your use of, or activities in connection with, uCare; or (b) your violation of these Terms. uCare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with uCare’s defense of such claim.

  2. Furthermore, you hereby irrevocably waive and release the uCare Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of uCare. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this paragraph.

Agreement to Arbitrate

  1. You acknowledge and agree that any and all claims, controversies, or disputes between you and uCare (including without limitation those involving federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

  2. You and we agree that each of us may bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other donors or charities. If a court decides that any provision of this paragraph is invalid or unenforceable because it would prevent the exercise of a nonwaivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of this Agreement to Arbitrate shall be arbitrated under its terms.

  3. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Any arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $500 or less, at your request, uCare will pay all filing, administration, and arbitrator fees associated with the arbitration. Any arbitration award issued by the arbitrator(s) shall be final and binding and shall be enforceable in any court of competent jurisdiction.