Use of Donor Advised Fund

We may use a third-party Donor Advised Fund (“DAF”) to process your transaction. If we use a DAF, the DAF shall permit contributors to its donor advised fund to make advisements for re-grants to qualified charities recognized by the Internal Revenue Service (“IRS”) under section 501(c)(3) of the Internal Revenue Code (excluding private foundations and trusts) and schools recognized by the Department of Education National Center for Education Statistics (“NCES”). Donors who make these donations through the Website shall acknowledge that their charitable gifts are completed contributions made to the DAF, which will hold and administer the donations. As required by the IRS, the DAF shall have exclusive legal control over such donations. To the fullest extent consistent with its exempt purposes and operation as a donor advised fund, the DAF shall make re-grants to qualified charities suggested by donors at the time of their donation to the DAF. If the DAF determines that the recommended charity does not qualify to receive donations (e.g. it has been classified as a disqualified entity by the IRS) then the DAF will select a different entity which may include Arizona Gives. If we use a DAF, the name of the entity administering the DAF will appear on your donation receipt as the recipient of the donation.

Refund Policy

Donations made on AZGives.org are final, irrevocable and non-refundable. Should a refund be granted in the discretion of Arizona Gives, its delegates or a DAF, such refund shall not be construed as setting a precedent. Donations are considered complete for purposes of this refund policy as soon as you submit the donation through the Website. Requests for refunds should be made by sending an email as soon as possible after the donation was made to support@mightycause.com with the words “Refund Request” in the subject line and a detailed description of the donation and the reason you are requesting a refund. We will make efforts to respond in a timely manner to refund requests, however, we make no promises that we will respond or that a refund will be made. If we determine a refund is appropriate, we may refund all or part of your donation and may withhold processing and/or transaction fees incurred in obtaining the refund.

Taxes and Tax Deductibility of Transactions

You will receive a receipt for your donation stating that “no goods or services were provided in return for the contribution.” You are responsible for all taxes, if any, associated with your transactions including donations and contributions. You are responsible for determining the tax deductibility of your donations made through the Website. If you are unsure, you should contact your tax advisor for assistance.

State Tax Credits

For qualified Arizona State Tax Credit organizations choosing to accept appropriate gifts via AZGives.org, Mightycause Charitable Foundation (MCF) facilitates donations using a Single Organization Fund structure. This structure ensures compliance with Arizona Department of Revenue tax credit requirements and state laws governing umbrella charitable organizations. When donors contribute to qualifying Arizona tax credit organizations, they make a contribution to a single organization fund for their chosen organization, with MCF maintaining legal variance power over the funds as required by law.

Qualifying Arizona State Tax Credit organizations are responsible for determining the extent to which a contribution is eligible for an Arizona State Tax Credit. Only QCO, QFCO, and Public School Tax Credits can be donated on the Arizona Gives platform.

Arizona Gives will send an electronic receipt at the time of donation that includes your organization's donation (and potentially others), showing the full donation amount, including any donation fees a donor has chosen to cover, which constitutes the full tax-deductible amount. Each receipt will include the relevant QCO/QFCO code of the receiving charitable organization.

Compliance with Laws

You agree that your use of the Website, and all uses related, directly or indirectly, to your use of the Website, complies with all applicable local, state, federal, foreign and international laws, regulations and rules (collectively “Laws”). This includes, without limitation, all Laws related to solicitation of donations, money laundering, anti-bribery, privacy, anti-discrimination, fraud, financial transactions, terrorist/terrorism and digital communications.

Termination and Survival

Unless explicitly stated elsewhere in this Agreement all terms, rights and obligations that naturally should survive termination of your use of the Website and termination of these Terms, do survive. These include but are not limited to the survival of the sections with the headings “Taxes and Tax Deductibility of Transactions,” “Compliance with Laws,” “Termination and Survival,” “Warranty,” “Limitation of Liability,” “Indemnification,” “Contractual Limitation on Time to Bring Action or Dispute,” “Governing Law and Jurisdiction,” “Non-Waiver,” and the licensing of your Content to Arizona Gives.

Warranty

The mere inclusion of any content, links or materials on the Website does not constitute or indicate Arizona Gives’ endorsement. The Website, including all content, software, functions, services, materials and information made available on or accessed through the Website, is provided on an "AS IS” and “AS AVAILABLE" basis. To the fullest extent permissible by law, Arizona Gives makes no representation or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website, for any products or services, or links to third parties, as to tax status or treatment of transactions, or for any breach of security associated with the transmission of sensitive information through the Website or any linked or referenced site. Further, Arizona Gives disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Arizona Gives does not warrant that the functions contained on the Website or any content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.

Limitation of Liability

YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR THE WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST REVENUES) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY CONTENT, OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE GREATER OF ONE DOLLAR OR THE MINIMUM AMOUNT OF DAMAGES ALLOWED BY LAW, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR (I) OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE; (II) ANY THIRD-PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH; AND (III) ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS OR SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR ORGANIZATION OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

Indemnification

You agree to indemnify, defend and hold Arizona Gives, and all its subsidiaries, affiliates, shareholders, owners, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liability and costs, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites and Content; (ii) Content you submit, post, transmit or otherwise make available via the Website; (iii) your violation of these Terms. This indemnification obligation will survive the termination of your use of the Website or termination of these Terms. Arizona Gives reserves the right, at its own expense, to assume the exclusive defense and control of any matter arising under this Agreement subject to indemnification by you. You shall cooperate as fully as reasonably required in the defense of any claim and in no event shall you settle any matter in which Arizona Gives is directly, or indirectly, implicated without the written consent of Arizona Gives.

Contractual Limitation on Time to Bring Action or Dispute

Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year after the day you either knew or should have known that you had an actionable dispute.

Governing Law and Jurisdiction

This agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona, without regard to conflicts of law’s provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this agreement shall be an appropriate state or federal court located in the State of Arizona. The Uniform Computer Information Transactions Act (UCITA) as may be enacted, amended, or modified by the various states, is expressly excluded.

Headings

The paragraph and section headings used in this Agreement are for reference and convenience only and will not limit or control the interpretation of any term or provision of this Agreement.

Assignment

We may assign any of our rights or obligations under the Terms to another party without notice or consent for any reason. You and Arizona Gives are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Severability

If any provision of this Agreement is found by a governmental authority or a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted so as to best accomplish the objectives of the original provision so as not to be invalid, illegal or unenforceable, or if no such interpretation is possible, such provision shall be severed herefrom and the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected by such provision.

Non-Waiver

Arizona Gives may waive or fail to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions and such waiver or forbearance shall not be construed to be a waiver of the same or any other option, right or privilege on any other occasion by Arizona Gives.

Consent and Changes

By using this Website, you consent to the terms of this Agreement. This Agreement constitutes the entire agreement between you and Arizona Gives. Our business changes constantly and our Terms may also change from time to time. You should check our Website frequently to see recent changes. We may change these Terms at any time in our discretion and without notice. If we do so, such change will appear on this Website. You may always visit these Terms to learn of any updates.

Conflict of Terms

If there is a conflict between any terms of use or policy contained on the Website, Arizona Gives, in its sole discretion, shall determine the resolution to such conflicting terms. Arizona Gives’ determination shall be binding so long as such determination is consistent with Laws.

Effective Date

The effective date of these Terms is January 1, 2025.

Copyright 2025 Arizona Gives, a program of AZ Impact for Good, a 501(c)(3) nonprofit corporation.

Additional Terms

By using this Website, you also consent to the Terms of Use of Mightycause and Mightycause Charitable Foundation. (Mightycause is the technology and donation distribution partner for Arizona Gives.)

Terms of Use

The Arizona Gives Terms of Use must be agreed upon annually by all nonprofit organizations before participating on AZGives.org.