ChangingThePresent.Org is an internet service that allows its users to learn about opportunities for charitable giving, and to make charitable gifts and donations.
ChangingThePresent.Org is operated by ImportantGifts, Inc., a nonprofit corporation and a donor-advised charitable fund.
Because ImportantGifts, Inc. is a tax-exempt charitable organization, qualified by the Internal Revenue Service under §501(c)(3) of the Internal Revenue Code, charitable gifts and donations made by the users of ChangingThePresent.Org pursuant to this service are tax deductible to its users who are United States taxpayers.
Users of the ChangingThePresent.Org internet service may make charitable gifts in honor of a special someone, in honor of a special occasion, or simply to help support a favorite K-12 public school, cause, or charity.
Its users may encourage other users to make charitable gifts for favorite schools, causes or charities, and participate in other social networking services related to charitable giving. Its users may also send greeting cards or token gifts, to accompany the charitable gift, and help express the user's sentiments. Additional services related to charitable giving may be available to its users, and new services for charitable giving will become available to users from time to time.
Conditions of Use
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices. Among other things, our Privacy Notice provides that your personal information may be collected by us, but we will not sell, transfer or share your personal information with any third parties (other than the nonprofits you choose to support, without your consent.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Donations and Gifts by Users
Users of the Website may make charitable donations to ImportantGifts, Inc. ImportantGifts, Inc. is a nonprofit organization that is qualified as a tax-exempt charitable organization, by the Internal Revenue Service under §501(c)(3) of the Internal Revenue Code, and operates this website under the domain name "ChangingThePresent.Org" as well as other websites with other domain names. ImportantGifts, Inc. will provide receipts to users of all such charitable donations, which can be viewed online and printed by the User, and which are tax deductible to United States taxpayers for the year in which donated. All charitable donations made by users of the Website are irrevocable.
Users of the Website, who make these charitable donations, may recommend that their donations fulfill a specified charitable purpose, are used towards a specified donation opportunity, are given to a specified charitable organization, or used in furtherance of a certain charitable cause. ImportantGifts, Inc. will use all reasonable efforts to comply with the wishes of the donor, in bestowing grants to K-12 public school and to other §501(c)(3) charitable organizations. In making grants to K-12 public school and to other §501(c)(3) charitable organizations, and in complying with the wishes of its donors, ImportantGifts, Inc. must, however, comply with certain other legal requirements, such as assuring that all grants are awarded only to bona fide K-12 public school and §501(c)(3) charitable organizations, are not awarded to organizations that appear on United States government terrorism watch lists, and are generally used for the purposes solicited on the Website. If ImportantGifts, Inc. is unable to comply with the wishes of a donor, based on the foregoing requirements, then we will make grants as closely as practicable to the donor's wishes, given our mandates as a donor-advised fund.
Grants are generally distributed by ImportantGifts, Inc., in accordance with the wishes of the donor and subject to the conditions provided in this Agreement, by the end of the month following the month of donation, but distribution may be subject to further delays for reasons including without limitation bank errors and credit card company holds or charge-backs. ImportantGifts, Inc. may transfer the grant funds to the nonprofit or school via check or ACH.
In the case of donations that are specified by the donor for a K-12 school, Important Gifts, Inc. may either (i) send the funds to the school, or (ii)purchase items requested by school from a vendor partner, deduct from the school's balance the amount the school would have paid had it bought the items, itself, and have the vendor partner ship the items directly to the school.
In the case of donations that are specified by the donor for a specific teacher at a K-12 school, Important Gifts, Inc. may either (i) send the funds to the school, or (ii) purchase items requested by teacher from a vendor partner, deduct from the teacher's balance the amount the teacher would have paid had (s)he bought the items online from the same vendor (including shipping and tax, if any), and have the vendor partner ship the items directly to the school. In either case, the grant from Important Gifts, Inc. will be deemed to be a grant to the school, earmarked for the teacher's use. Any items purchased by such funds or shipped to a teacher shall remain the property of the school and can be used only for the students' educational use.
All K-12 2public schools and charitable organizations seeking grants from ImportantGifts, Inc. must comply with our Grant Policy.
Donors's names and emails will be provided to the schools and nonprofit organizations that they choose to support.
Donors may make donations in honor or recognition of a certain honoree or gift recipient (for example, a donation made to a favorite charitable cause in honor of a gift recipient's special occasion); alternatively, donors may elect that their donations are made to charitable causes without any such honor or recognition.
Donors may also elect to provide donations to ImportantGifts, Inc. itself, or donations to ImportantGifts, Inc. in addition to donations to be granted to other charitable nonprofit organizations. Such donations to ImportantGifts, Inc. itself helps continue the charitable work and mission of ImportantGifts, Inc., to promote charitable gift-giving, and to help further the efficiency and effectiveness of the nonprofit charitable sector. These donations to ImportantGifts, Inc. itself are tax-deductible for United States taxpayers, and may also be made in honor or recognition of a certain honoree or gift recipient, anonymously or with donor specified information.
Donors may also elect that special greeting cards or gift items be sent to the honoree or gift recipient to memorialize their donations, but (unlike the donations themselves) such greeting cards or gift items are not tax-deductible for United States taxpayers. Such greeting cards or gift items are provided by an independent third party vendor (the "Card Vendor"). These greeting cards and gift items may not be purchased through the Website unless these items accompany a donation made through the Website.
The price for such greeting cards or gift items are set forth on the website. To the extent that ImportantGifts, Inc. collects funds on account of such additional greeting cards and gifts items, for the benefit of Card Vendor, such collection shall solely be for the convenience of the parties, including users of the Website, but ImportantGifts, Inc. does not assume, and hereby disclaims, any and all duties, obligations, warranties, or liabilities with respect to such additional greeting cards and gift items. Users of the website shall not be deemed third party beneficiaries of the agreement between Card Vendor and ImportantGifts, Inc., and all legal responsibilities and liabilities with respect to such greeting cards and gift items shall solely be the responsibility of Card Vendor. This license of rights to Card Vendor to provide greeting cards and gift items, to accompany the charitable donations, has been disclosed to the Internal Revenue Service, and such grant of rights does not affect in any way the tax deductibility of the charitable donations to ImportantGifts, Inc.
Donors also remain liable and responsible for any fees, charges and expenses of credit card companies and financial institutions, in connection with the processing of Website donations, other than merchant charges from these credit card companies and financial institutions (which are covered by the Transaction Fees). Such other fees, charges and expenses, which donor remains liable and responsible for, may include fees and charges to consumers with respect to their credit or debit cards, and fees and charges in the nature of charge-backs for bank errors, consumer voided or disputed transactions, insufficient or disallowed funds or credit.
Website users or any other persons or entities may not use, utilize or appropriate, in any manner, any such Intellectual Property, for any purpose, for any time period, without the express written consent of ImportantGifts, Inc. (or in the case of Intellectual Property of others featured on the Website, such as the featured charitable nonprofit organizations, the express written consent of such other applicable party), which consent may be withheld or conditioned by ImportantGifts, Inc. (or such other applicable party) at its sole discretion. Uses of our Intellectual Property (or such other applicable party, including without limitation featured charitable nonprofit organizations), including without limitation trademarks, trade names and trade dress in any manner which disparages, discredits, or defames ImportantGifts, Inc. (or such other applicable party), or are likely to cause confusion among users of the Website, are especially discouraged, disfavored and prohibited.
Please review our Intellectual Property Notice, which also governs your visit to the Website, to understand the reservation of Intellectual Property in favor of ImportantGifts, Inc.
ImportantGifts, Inc. further disclaims any liability or responsibility for Intellectual Property (or other content) provided by others on the Website, including without limitation the nonprofit and charitable organizations that are featured on our Website, users, or other content providers.
License and Site Access
ImportantGifts, Inc. grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ImportantGifts, Inc. To the extent that the Website specifically permits downloading, or to the extent that the Website specifically allows other personal uses of this Website or any portion thereof, then no further consent of ImportantGifts, Inc. for the specific downloading or other uses is required, provided however, that all such uses are personal to the user, and not for redistribution or republication or display.
This license does not include any resale or commercial use of this Website of its contents; any use for other nonprofit or charitable purposes or its contents; any collection and use of any charitable donation opportunities or product listings, or their descriptions, or their prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another nonprofit organization or any merchant or general association; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any nonprofit or commercial purpose without express written consent of ImportantGifts, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ImportantGifts, Inc. and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing ImportantGifts, Inc.'s trade names or trademarks without the express written consent of ImportantGifts, Inc.
Any unauthorized use terminates the permission or license granted by ImportantGifts, Inc.
ImportantGifts, Inc. expressly reserves the sole right and sole prerogative to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to this Website so long as the link does not portray ImportantGifts, Inc., its affiliates, or their products or services in a false, misleading, derogatory, disparaging, discrediting, defamatory or otherwise offensive matter. You may not use any ImportantGifts, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
Any consent requested of ImportantGifts, Inc. may be withheld, conditioned, delayed or revoked at our sole discretion.
All references to the trademarks, trade names, logos, images, text, page layouts or forms of ImportantGifts, Inc. or its Website shall specifically include ChangingThePresent and the ChangingThePresent.org website.
Third Party Websites
This Website may provide links to other websites that are not maintained by ImportantGifts, Inc. These links are provided only as a convenience to users. ImportantGifts, Inc. is not responsible for the content, products, services or policies or activities of those websites. The inclusion of any link to any such website does not imply endorsement by ImportanceGifts, Inc. of such website.
You must register on the Website and open a user account to be able to use certain other features on the Website. You are responsible for maintaining the confidentiality of your password and other information associated with your account and for all activity under your account, and for restricting access to your computer, your password and your account. Please notify ImportantGifts, Inc. immediately if you suspect or have become aware that anyone may have gained unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.
ImportantGifts, Inc. does offer its charitable donation opportunities and associated products and services for children, but it sells them to adults, who can purchase them for children provided they have the capacity to act on the child's behalf as a parent, guardian or other authorized legal representative or custodian. If you are under 18, you may use the Website only with involvement of a parent or guardian.
ImportantGifts, Inc. and its affiliates reserve the right to terminate accounts, remove or edit content, cancel donations or associated purchases, or otherwise refuse Website service or access, in their sole discretion.
Comments, Communications and Content
To the extent provided as goods and services offered by the Website (but only to such extent, and ImportantGifts, Inc. specifically reserves the right to add or delete such goods and services offered), users may (a) post reviews, comments, and other content, (b) send e-cards, emails, electronic messages, greeting cards and other communications including to third party honorees of donation gifts, and (c) submit suggestions, ideas, comments, questions, or other information, so long as, in each case, the content is not illegal, tortious, obscene, lewd, threatening, defamatory, violent, harassing, sexually explicit, invasive of privacy, infringing of intellectual property rights, false, misleading, misrepresentative, commercially-oriented, or otherwise injurious to third parties or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (all such forms of prohibited content being collectively described as "Prohibited Content").
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity on the Website, or in the origin of a donation gift, greeting card or other content posted on the Website or created or modified through the Website (all such forms of prohibited user identification being collectively described as "Prohibited Identification"). For certain purposes, you may however choose to remain anonymous or utilize a pseudonym, provided that your pseudonym does not create the impression that you are some other actual person (and further provided that your pseudonym does not violate the Intellectual Property of another person or entity, as would or might be the case in the use of fictionalized characters as pseudonyms). ImportantGifts, Inc. reserves the right (but not the obligation) to remove or edit such content, seek legal remedies for any such Prohibited Content or Prohibited Identification, or notify law enforcement personnel of any such Prohibited Content or Prohibited Identification. ImportantGifts, Inc. disclaims any obligation to regularly review posted content or posted user identification.
To the extent that users violate the foregoing prohibitions against user-generated content and/or user identification, ImportantGifts, Inc. expressly disclaims any and all liabilities or responsibilities with respect to such user-generated content or user-generated identification, and users specifically agree that ImportantGifts, Inc. shall bear no liability or responsibility for any Prohibited Content or Prohibited Identification.
ImportantGifts, Inc. also expressly reserves the sole right and sole prerogative to reject, refuse to post, delete or remove any user-generated content or posting by you (including without limitation Prohibited Content or Prohibited Identification), or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
If you do post content or submit material, and unless we indicate otherwise (including the limitations on our use of your posted content and submitted materials, which follows this sentence), you grant ImportantGifts, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and further, you grant ImportantGifts, Inc. and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. Notwithstanding the foregoing, ImportantGifts, Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the Website, and after posting such content to the Website (collectively, "Your Content"), you continue to retain all ownership rights in Your Content.
By displaying or publishing Your Content on or through the Website, you hereby grant to ImportantGifts, Inc. a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute Your Content solely on and through the Website, or such third party promotional, public relations and advertising materials and media as ImportantGifts, Inc. utilizes with respect to the Website.
You represent and warrant that you own or otherwise control all of the rights to Your Content (including, for this context, any pseudonym you utilize, which shall be deemed content); that Your Content is accurate; that use of Your Content does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold ImportantGifts, Inc. or its affiliates harmless from and against all claims, losses, liabilities, legal proceeding, damages, costs and expenses (including without limitation reasonable attorneys' fees and disbursements) resulting from Your Content. In furtherance of the foregoing, by posting Your Content, you represent and warrant that: (i) you own Your Content or otherwise have the right to grant a license for ImportantGifts, Inc. to utilize Your Content, and (ii) the posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content being posted by you to or through the Website (or apart from the Website in any materials and media as otherwise specifically provided herein).
ImportantGifts, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. ImportantGifts, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party, regardless of whether such content is or is not Prohibited Content or Prohibited Identification.
ImportantGifts, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
Further, Card Vendor may utilize a carrier to ship such purchased goods. That carrier is currently the United States Postal Service. The risk of loss and title to these goods will pass to you upon WellGood, LLC's delivery to this carrier. Card Vendor will advise users of the carrier provided, which may change from time to time, or at any time.
Users are solely responsible for the accuracy of shipping information with respect to delivery of greeting cards, gifts and other products memorializing such donation gifts. Users shall bear all risk of loss, and additional costs associated with inaccurate shipping information.
Donations and Products: Descriptions and Pricing
ImportantGifts, Inc. and its affiliates attempt to be as accurate as possible in its description and pricing of donation opportunities and greeting cards, gifts and other products memorializing such donation gifts. However, ImportantGifts, Inc. does not warrant that product descriptions or pricing, or other content of this site is accurate, complete, reliable, current, or free of errors, and ImportantGifts, Inc. relies on the nonprofit organizations submitting donation opportunities and the businesses providing other goods or services.
All donations made are irrevocable when made. However, if a product offered by ImportantGifts, Inc. or its affiliates, or WellGood, LLC or its affiliates, is itself is not as described, or mispriced, your sole remedy is to return it in unused condition.
ImportantGifts, Inc. welcomes user input regarding the accuracy of all such descriptions and pricing, as additional means of assuring the accuracy of donation opportunities and products memorializing such donation gifts.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY IMPORTANTGIFTS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMPORTANTGIFTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IMPORTANTGIFTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMPORTANTGIFTS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM IMPORTANTGIFTS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMPORTANTGIFTS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
By visiting ImportantGifts, Inc., you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ImportantGifts, Inc. or its affiliates.
State Notices Regarding Charitable Solicitation
Certain States may require specific notices regarding charitable solicitation in their States. ImportantGifts, Inc. is not presently soliciting in any particular State, except through this Website. ImportantGifts, Inc. intends to comply with the requirements of each State, to the extent not preempted by Federal law.
USERS SHOULD NOTE THE FOLLOWING PROVISION, WHICH CONTAINS A BINDING ARBITRATION PROCEDURE, AND SELECTION OF FORUM AND VENUE, AMONG OTHER PROVISIONS.
Any dispute relating in any way to your visit to ImportantGifts, Inc. or to products you purchase through ImportantGifts, Inc. shall be submitted to confidential arbitration in Orange County, New York, or, at our election, New York, New York, except that, to the extent you have in any manner violated or threatened to violate ImportantGifts, Inc.'s intellectual property rights, ImportantGifts, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Attention: Counsel's Office, Spiegel Legal, LLC
148 North Main Street
Florida, New York 10921