Last Updated: November 16, 2021
Welcome to PennyLoafer!
Please read these Terms of Service (“Terms” or “Agreement”) carefully before using the services offered by PennyLoafer, LLC (“PennyLoafer,” “we,” “us” or “our”). PennyLoafer creates ongoing giving strategies for individual donors. Thank you for visiting and learning more about us!
Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PennyLoafer, LLC, concerning your access to and use of the www.pennyloafer.org website (the “Site”) as well as any other subdomains, applications, tools or general services related, linked, or otherwise connected thereto (collectively, the “Services”). Before using our Site or Services, please read these Terms carefully. If you do not understand or do not agree to these Terms, you can not use the Site or Services.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service periodically. If we make changes, we will post the new Terms on this website and update the “Last updated” date at the top of the Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. Your continued use of the Site and/or Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
The Site and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site or Services.
PennyLoafer, LLC owns and operates www.pennyloafer.org, a subscription-based monthly giving platform that connects individuals (“Donors”) to the charitable causes they care about (“Causes”). PennyLoafer enables Donors to make monetary contributions to select Causes each month, finds one or more nonprofit organizations (“Charities”) within those Cause areas for Donors to support with their monetary contributions on a regular basis, and updates Donors on the Charities they are supporting and other information related to the Cause. All Charities selected are tax-exempt under Section 501(c)(3) of the Internal Revenue Code and eligible to receive tax-deductible contributions in accordance with Section 170 of the Internal Revenue Code. PennyLoafer does not receive any form of compensation from the Charities.
On the PennyLoafer platform, Donors subscribe to one or more Causes and select a monthly donation amount (“Donation Amount” or “Donations”) for each Cause. PennyLoafer strives to pair Charities with identified Causes, but there is no guarantee that the Charities selected by us will meet your expectations or align with the Cause selected by you. PennyLoafer partners with Charityvest, Inc. (“Charityvest” or “DAF Provider”), a 501(c)3 tax-exempt public charity that sponsors donor advised funds (“DAF”), to receive, accept and distribute Donations to Charities, at their discretion. Each month, the Donation Amount is collected by a trusted third-party Payment Service Provider, sent directly to the DAF Provider and deposited into the PennyLoafer Fund, an organizational DAF. On a regular basis, PennyLoafer recommends grants to one or more Charities, on behalf of Donors, from the Fund.
By entering into these Terms and using the Services, you hereby appoint PennyLoafer to facilitate and transfer your Donations via our third-party Payment Service Provider as well as to recommend grants to Charities, chosen at our discretion and on your behalf, from the PennyLoafer Fund. You understand that you will not be choosing the nonprofits your donations support each month, and that PennyLoafer will decide the best use of your donations, by recommending grants to one or more Charities, on your behalf, from the Fund on a regular basis.
You understand and agree that your donation will go to the PennyLoafer Fund, administered by the DAF Provider; that once accepted by the DAF Provider, contributions are unconditional and irrevocable; that any future related earnings are owned by the DAF provider and that your donated funds will be used solely for charitable purposes. You acknowledge that the grant recommendations to Charities, by PennyLoafer and on your behalf, will be reviewed and approved by the DAF Provider at its discretion and that, if approved, the DAF Provider will distribute your Donations to the recommended Charities. In the rare occasion the DAF Provider can not distribute your Donations to the Charities recommended by PennyLoafer, the DAF Provider, in consultation with PennyLoafer, will redirect your Donations to another organization or organizations similar to the one originally recommended. In the event that the total amount donated to a Cause is less than $20 for that month, PennyLoafer will wait to recommend a grant to a Charity, until the total amount donated to that Cause reaches $20. These steps are necessary since, in accordance with federal tax laws and regulations, the DAF Provider must retain the exclusive authority, discretion, and legal control over all Donations.
You acknowledge that PennyLoafer is not a broker, financial institution, creditor, tax professional, charity, professional fundraiser, professional solicitor or 501(c)(3) organization. Before making any decisions regarding charitable donations, you should consult with your financial, legal, tax or other professional advisors as appropriate. You, as a Donor, must make the final determination as to the value of our Services and appropriateness of contributing to a Cause through PennyLoafer. You are solely responsible for evaluating the tax treatment of your donations.
The GivingTuesday2021 Promotion (“Promotion”) is running from Tuesday, November 16, 2021 – December 1, 2021. During this time, new Donors (who do not already support a Cause on PennyLoafer) may use code givingtueday2021 at checkout to receive a $5 credit towards a Cause on PennyLoafer. This Promotion is only available to the first 500 new Donor sign ups on PennyLoafer. After 500 sign ups, the coupon code and $5 credit will no longer be available. The Code can only be used towards supporting one of the four Causes on PennyLoafer. It may not be used to purchase Gift Cards. The $5 credit will go only towards the first month subscription.
By purchasing, accepting, or using a PennyLoafer Gift Card (“Gift Cards”), you agree to these terms. Gift Cards are digital, and can be used to support one or more Causes only on our website: www.pennyloafer.org. If your PennyLoafer Gift Card does not cover the full amount of your purchase, you must use a complementary payment method to complete the order. If your PennyLoafer Gift Card amount exceeds the total purchase, the excess amount will be credited to your account, and will be used towards future subscription renewal payments until the amount is exhausted. After a purchase, Gift Cards are customized with Recipient Name, Sender Name and Message, and sent to the purchaser within 24 hours of purchase. Gift Cards are valid for one year from the date of purchase. If the Gift Card recipient has not signed up for Cause on PennyLoafer before the expiration date, the total Gift Card amount will be evenly distributed between the 4 Causes on PennyLoafer.
We reserve the right to deactivate, cancel or suspend Gift Cards when we suspect fraud, unlawful activity, or any violation of the Terms. Gift Cards may not be returned and are not redeemable for cash except when required by applicable law. Gift Cards may not be resold.
PennyLoafer does not take a fee for using our Services. If Donors wish, they can add an optional monthly tip (Tip) to PennyLoafer at checkout (over and above the Donation Amount). The Donor acknowledges this Tip is not tax deductible as it’s directed to PennyLoafer, LLC – not the DAF Provider. With each transaction, there is a standard payment processing fee (typical of most online credit card transactions) that will be deducted from the total amount. At the moment, our payment processing is powered by Stripe, to view Stripe’s fees you can go here.
Donations, once accepted by the DAF Provider, are final and nonrefundable. Upon written request, Donors can request a refund of a Tip amount given to PennyLoafer within 30 days of the transaction. After 30 days, Tips are nonrefundable.
Accounts and Checkout
To use certain portions of the Site and access Services, Donors will need a user Account. Upon checkout, PennyLoafer will automatically generate and email an account login for the Donor, using information provided by the Donor to create the username and automatically generating a random password, which the Donor can change in their Account. You agree that all information you provide to PennyLoafer at checkout and for purposes of creating an Account will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account. You agree to promptly update your Account information to keep it true, accurate, current and complete and maintain the confidentiality of your password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username, based on information provided by you at checkout, is duplicative, inappropriate, obscene, or otherwise objectionable.
At checkout, you will need to enter a current debit credit card or credit card. Your payment information will be stored and used by PennyLoafer’s trusted third-party Payment Service Provider, and you acknowledge that by contributing a Donation Amount, you are agreeing to any and all applicable terms set forth by our third-party Payment Service Provider in addition to these Terms of Service. By completing the order and providing a payment method, you authorize PennyLoafer’s third-party Payment Service Provider to bill your payment method (credit or debit card) on a monthly basis for the applicable fees associated with your use of the Site and the Services, including Donations, the standard payment processing fee, and if applicable, the PennyLoafer Tip Amount.
Account Suspensions and Terminations
If you wish to terminate your account, you may do so by following the instructions on the Site. You understand and agree that you have no ownership rights to your Account and PennyLoafer may terminate or suspend your access to the Services at any time, without notice, for any reason, which may result in the forfeiture and destruction of all information associated with your Account. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We grant you a limited, nonexclusive, non transferable license to our intellectual property incorporated into PennyLoafer solely as necessary for you to use and access PennyLoafer.
By using the Site or Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update you account information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) your use of the Site will not violate any applicable law, statute or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, PennyLoafer has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof).
You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site or Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site or Services, you agree not to:
- Use the Site or Services in a manner inconsistent with any applicable laws, statutes, ordinances or regulations;
- Provide false, inaccurate or misleading information;
- Engage in behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- Systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Site or Services;
- Use the Site to advertise or offer to sell goods and services;
- Circumvent, disable, or otherwise interfere with security-related features of the Site;
- Engage in unauthorized framing of or linking to the Site;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service;
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- Send to, store, or attempt to store on the Site any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;
In the event that you engage in any of the prohibitive activities, PennyLoafer reserves the right to terminate or limit access to your Account without notice, and/or take legal action against you. Any Donation amount given to the PennyLoafer Fund is non-refundable. Any Tip amount given to PennyLoafer within 30 days of the termination is refundable, upon written request. After 30 days, the Tip is nonrefundable.
Content and License
You agree that the Site and Service contains Content provided by PennyLoafer and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
PennyLoafer hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service, understanding that the Site and Service may only be used for personal and non-commercial purposes and subject to the terms and conditions of these Terms.
The Site may contain (or you may be sent via the Site, such as in our monthly newsletters) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
While we’ll be putting a lot of time into curating content for you through the monthly newsletters, there may be instances in which such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and thus we are not responsible for any Third-Party Websites accessed through our site or Services. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site or Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Service.
We cannot guarantee the Site or Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site or Service.
These Terms of Service and your use of the Site and Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be entirely performed within the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Allegheny County, Pennsylvania, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. THE PARTIES HEREBY AGREE TO RESOLVE LEGAL DISPUTES THROUGH ARBITRATION AND MEDIATION RATHER THAN CIVIL LAWSUITS.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer of Warranty
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site or Services; (2) your breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you have any questions, comments or concerns regarding these Terms of Service or PennyLoafer in general, please don’t hesitate to contact us at [email protected]