Daffeinated Terms of Use
Last Updated March 12, 2024

Introduction
These Terms of Use (“Terms of Service”) apply to the Daffeinated Platform which is owned and operated by DAF Financial Inc ("DAF Financial''). Please read these Terms of Service carefully before using the Daffeinated website, products, services, or content. By accessing this website you are agreeing to be bound by these Terms of Use as well as all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this website are protected by applicable copyright and trademark law.
To make contributions through the Daffeinated Platform, a donor establishes a donor advised fund with DAF Gives Charitable, as described below under “DAF Gives Charitable Donor Agreement.” DAF Gives Charitable is a Minnesota nonprofit corporation that has been recognized as being described in Section 501(c)(3) of the Internal Revenue Code, and as a public charity as described in sections 509(a)(1) and 170(b)(1)(A)(vi) as an organization that receives a substantial part of its financial support in the form of contributions from publicly supported organizations, from a governmental unit, or from the general public. 
Funds contributed through the Daffeinated Platform which are not immediately distributed to an Eligible Grant Recipient will be invested in one of a number of investment pools. These invested funds will be professionally managed by Midwest Professional Planners, Ltd (MPPL) an SEC-registered investment advisor (https://mpplfinancial.com/). MPPL is a member of FINRA/SIPC/MSRB, (https://adviserinfo.sec.gov/), SEC number 801-72649. MPPL is headquartered at 2610 Stewart Ave., Ste. 100, Wausau, WI 54401.

Definitions
For purposes of these Terms of Use, the following terms shall have the meanings set forth herein:
The "Website" or "Site" or the “Platform” shall mean the hosted site “Daffeinated” provided by DAF Financial, through which it offers a social platform hosting data on charities and other users that various Donors support through monetary contributions to DAF Gives Charitable. Daffeinated is accessible only through platforms designated by DAF Financial. In order to use the Site you must have internet access and necessary minimum specifications. Daffeinated may never be accessed through software or web-based application entry points which are not provided and approved by Daffeinated.
"Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through Daffeinated; "User Content" is all content that is posted or otherwise provided or transferred to the Giving Marketplace by Users (including, without limitation, by you); and content also includes, without limitation, all User content.
“You” or “User” is any person authorized to use the Daffeinated Platform. A User can be a DAF Gives Charitable Account Holder, an Authorized Person, or a representative of an Eligible Grant Recipient. “Account Holder,” “Authorized Person” and “Eligible Grant Recipient” are defined under “DAF Gives Charitable Donor Agreement” below.

Use License
You must be 18 years or older, or between 13 to 17 and using the Daffeinated site and services with parental or legal guardian permission, to use Daffeinated services, site, or provide any information to the Daffeinated per US federal and state law. Otherwise you may only use the services if you are legally allowed to enter a contract, are not using a User's account without his/her permission, or your use of the Daffeinated has not been suspended, restricted, or terminated.
This is the grant of license for personal, non-exclusive, non-transferrable, non-commercial, limited and revocable use of the site for personal use only on a device owned or controlled by a User as permitted by the usage rules contained in the relevant third-party mobile application terms and conditions. In accordance with these Terms of Use, not transfer title, and under this license you may not:
    •    use the site to bully, harass, or intimidate any Users;
    •    attempt to decompile or reverse engineer any software contained in/on the Daffeinated website;
    •    access, change, tamper, obstruct, modify any of the non-public areas of the Daffeinated, or its servers and/or its service
providers;
    •    attempt to enter, hack or breach any security measures that Daffeinated or its service providers have in place;
    •    remove or scrape any copyright or other proprietary notations from the materials;
    •    transfer the materials to another person or "mirror" the materials on any other server;
    •    use false or inaccurate accounts;
    •    use Daffeinated for phishing attacks, scams, deception, false source identifying information; uses or launches of any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
    •    attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    •    attempt to damage, disable, overburden, or impair Daffeinated servers or networks;
    •    fail to comply with applicable third-party mobile application terms and conditions or other third-party policies
    •    attempt to gain unauthorized access to Daffeinated's Charity or User accounts; or
    •    interfere with the Daffeinated Services provided to its Charities or Users, subscribers, or third parties including and without limitation to spamming, sending viruses, overloading servers and services.
Should you access Daffeinated through a mobile device, you acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Daffeinated or any such third party charges as may arise. You accept responsibility for any such charges that arise.
By joining Daffeinated you agree that you will not use the Services to do anything illegal in the United States or anywhere else in the world. You will not sell, distribute or offer:
    •    Illegal drugs, controlled substances, drug paraphernalia, or products that come under any government regulatory agency's purview;
    •    Anything that promises to promote hate, injury, death, or destroy property;
    •    Any type of financial product (including but not limited to stocks, bonds, real estate, insurance, financial service, or banking) that may be perceived to be a security, financial service, or a financial product by any reasonable person;
    •    Gambling or anything that can be perceived as gambling;
    •    Equity or ownership interest in any type of business, company, venture, or investment
    •    Items that are copyrighted, or might violate others' intellectual property rights or privacy; or
    •    anything that violates these Terms of Use in any manner.
You agree that Daffeinated's features, such as interaction with third parties, may use, maintain, or transmit your personal information, including, without limitation, information for and from third-party accounts ("or User Information"). By acknowledging and agreeing to these Terms of Use, or by using the site, you consent to the transmission of your personal information to Daffeinated, including its agents and third-party partners, and consent to Daffeinated, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using your personal information for site functionality and for the purposes disclosed in Daffeinated's Privacy Policy. Your personal information will not be shared, sold, or otherwise  made available to any third party for the purpose of marketing. This includes, but is not limited to, nonprofit organizations, advertising partners nor anyone not involved in the core functions of investing charitable assets or conducting financial transactions between the parties. 
You are solely responsible for the confidentiality and security of personal information sent from or stored on the device accessing Daffeinated. You are also solely responsible for any and all activities, including authorized and unauthorized actions, undertaken by anyone with an account registered in your name. You agree to immediately notify DAF Financial of any and all unauthorized use associated with the Daffeinated and any breach of account information security. You are responsible for taking steps to protect account and personal information that might provide access to a Daffeinated account including without limitation thoroughly password protecting any device used to access Daffeinated.
You agree that Daffeinated is not a vendor or manufacturer of any products that are made available for sale, or redeemed, on Daffeinated through rewards or campaigns as well as that Daffeinated is not responsible for the fulfillment of any rewards promised or made available on Daffeinated.
You agree in the event of a dispute about anything related to use of the site, that DAF Financial is not responsible to mediate, satisfy, or communicate between the parties involved.
You agree that Daffeinated is a passive conduit of User content without any responsibility to monitor, validate, authenticate and, or contribute opinion or responsibility to disputes between Users.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by DAF Financial at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Daffeinated services (e.g. updates to website functionality) may change often and will continue to change without notice.
DAF Financial reserves the right to modify, limit, or stop any use of services by any User without notification and at its sole discretion, or assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Content or use of the site that DAF Financial reasonably believes is or might be in violation of these Terms of Use, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

User Content
Users retain ownership of all intellectual property rights in their User Content, and DAF Financial and/or third parties retain ownership of all intellectual property rights in all Content other than User Content.
When you transfer User Content to DAF Financial through Daffeinated service, you give DAF Financial a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which Daffeinated Services are available), and create derivative works from User Content. The rights you grant in these Terms of Use are for the limited purpose of operating Daffeinated services in accordance with their functionality, improving those services, and allowing DAF Financial to develop new Services. The reference in this license to "derivative works'' is not intended to give DAF Financial a right to make substantive editorial changes or derivations. Daffeinated Users acknowledge and agree that you and you alone are responsible for the development and creation of User Content.
Upon termination of your Account, or upon your deletion of particular pieces of User Content from Daffeinated services, DAF Financial shall make reasonable efforts to make User Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed User Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to User Content may not be entirely removed (due to the nature of reposting, for example) or other conditions subject to the records retention policy of DAF Financial.

Daffeinated Privacy Policy
This privacy policy is applicable to donors, nonprofit organizations, financial advisors and other entities (“Users”), visiting the Daffeinated website or otherwise interacting with DAF Financial Inc or DAF Gives Charitable (dba “Daffeinated”).

Our commitment to privacy
We take the privacy of our Users very seriously. When you provide us with personal information using the Daffeinated website, we believe that you should be aware of our policies designed to protect the privacy of this information and how we use it to make your user experience more enjoyable and impactful.
As used in this privacy policy, personal information means information about an individual that is collected and maintained in carrying out our activities, and by which the individual can be identified. Please note that information by which an individual cannot be identified (for example, anonymous, de-identified, or aggregate information) is not considered personal information and therefore is not subject to this policy.
How and why we obtain personal information
We obtain and use personal information about you to create your Daffeinated account, service, maintain, and protect your Daffeinated Account; process transactions; respond to inquiries from you or your representative; develop, offer, and deliver charitable giving programs and services; operate and carry out our activities; and fulfill legal and regulatory requirements. Through the Daffeinated platform we collect public and non-public personal information from customers and visitors from various sources. 
You may also post information, such as comments, texts, images, and other content (aka “Materials”) to the Website. Any Materials you post to the Website may be viewable by the general public and are governed by our Terms of Use.

How we protect your information
We implement and maintain physical, administrative, technical and organizational measures designed to protect personal information and we regularly adapt these controls to respond to changing requirements and advances in technology. We use firewall barriers, encryption techniques and authentication procedures, among other controls, to maintain the security of your online interaction and to protect systems from unauthorized access.
How we share information about you with third parties
We restrict access to personal information to those who require it to provide our services to you. For example, Daffeinated has entered into a number of arrangements with Midwest Professional Planners, LTD (“MPPL”)  to provide investment management and administrative services to Daffeinated. Add MPPL compliance language here?
Daffeinated does not sell or rent donor names or information to any firm or non-profit organization. 
We may share personal information with the following entities:
    •    Unaffiliated service providers (for example, printing and mailing companies, securities clearinghouses, marketing service providers, and other entities who may provide services at our direction)
    •    Government agencies, other regulatory bodies and law enforcement officials (for example, for tax purposes or for reporting suspicious transactions)
    •    Other third-parties, with your consent or as directed by your representative (for example, if you request to transfer assets from another financial institution, or if you use an external aggregation website or service that you have provided permission to access your Daffeinated Account on your behalf)
    •    Other third parties whose products, services and investment offerings are made available through Daffeinated, and which you decide to utilize.
    •    Other organizations as permitted or required by law (for example for fraud prevention or to respond to a subpoena)
    •    In connection with corporate business transactions, such as a merger or sale of a business.
Privacy online
When you interact with us through our online channels, such as websites and mobile applications (“online channels”), Daffeinated manages personal information in accordance with all of the practices and safeguards described in this policy.
When you visit Daffeinated online channels, or interact with us via electronic communications, we (or our service providers on our behalf) may automatically collect technical and navigational information, such as device type, browser type, internet protocol address, pages visited, and average time spent on Daffeinated online channels. We use this information to maintain the security of your online session, facilitate site navigation, improve the design and functionality of our online channels and electronic communications, and personalize your experience on Daffeinated online channels. Additionally, the following policies and practices apply when you are online:

Cookies and Similar Technologies

We use cookies and similar technologies to support the operation of the Daffeinated websites. Cookies are small amounts of data that a website exchanges with a web browser or application on a visitor’s device (e.g., computer, tablet or mobile phone). Our cookies help us to collect information about visitors to Daffeinated websites, including date and time of visits, pages viewed, amount of time spent on our sites, or general information about the device used to access the site. Daffeinated cookies are also used for security purposes and to personalize your experience, such as customizing your screen layout.
You can refuse or delete cookies. Most browsers and mobile devices offer their own settings to manage cookies. If you refuse a cookie when on Daffeinated websites, or if you delete cookies from your device, you may experience some inconvenience in your use of Daffeinated websites. For example, you may not be able to sign in and access your account, or we may not be able to recognize you, your device or your online preferences.
Both Daffeinated websites and third-party service providers we hire may use cookies and other technologies, such as web beacons, pixel tags or mobile device ID, in online advertising as described below. We do not share personally identifiable information about our donors with these third-party service providers, and these service providers do not collect such information on our behalf.
We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for our online channels and to understand more about the demographics of our users.  You can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy. You can also view Google’s currently available opt-out options.

Advertising on DAF Financial websites
Daffeinated may advertise our programs and services on online channels not affiliated with Daffeinated and we may contract with third-party advertising companies to display these ads. These third-party advertising companies may use cookies and similar technologies to collect technical and web navigational information, such as device type, browser type, Internet protocol address and pages visited. We do not permit these companies to use information they collect on behalf of Daffeinated for any purpose other than to assist them with advertising Daffeinated programs.
You may opt-out of receiving interest-based advertisements from online advertising companies, including those used by DAF Financial, by clicking on the AdChoices icon and following the opt-out instructions.  
If you generally want to “opt out” of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in a self-regulatory programs like the Digital Advertising Alliance DAA program or the Network Advertising Initiative (NAI), please follow the instructions at WebChoices: Digital Advertising Alliance's Consumer Choice Tool for Web US (aboutads.info)  and NAI Consumer Opt Out (networkadvertising.org)  to place an “opt-out” cookie on your device indicating that you do not want to receive interest-based advertisements. If you want to “opt out” of receiving online interest-based advertisements on mobile devices, please follow the instructions at YourAdChoices.com | AppChoices  and Mobile Opt Out - NAI: Network Advertising Initiative (thenai.org)Non-Fidelity Charitable online channels are not subject to Fidelity Charitable’s Privacy Policy. You may visit the individual sites for additional information on their privacy practices.
Connecting with Daffeinated on social media platforms
Daffeinated provides experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. We may collect information you provide by interacting with us via social media, such as photographs, opinions, or platform account user id. Please do not share any personal information via social media platforms. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is also subject to the terms of use and privacy policies of those platforms. Please refer to them to better understand your rights and obligations with regard to such content.
Third Party websites, online services, and content
Our Online channels may contain links to third party websites and online services (for example, social media platforms) and may include embedded content that is hosted by third parties. This policy does not address the privacy, security, cookie policy and settings, or other practices of the third parties that provide such websites, online services, or content, and we are not responsible for the privacy practices or the content of these other websites, online services, or content providers. If you use a link to another website or online service or view third party content (for example, an embedded video), please consult the privacy policy for that website/or online service for additional information on their privacy practices and advertising opt-out instructions.

Children's privacy 
Daffeinated’s Online channels are not directed to individuals under the age of thirteen (13). Daffeinated does not intentionally collect information on Daffeinated’s online channels from those we know are under 13, and we request that these individuals do not provide personal information through our online channels.
Because we do not collect any personally identifiable information from children under the age of 13 via the Website, we also do not knowingly distribute such information to third parties, and we do not condition the participation of a child under 13 in the Website's online activities on providing personally identifiable information.
Additional Information
For your convenience, DAF Gives Charitable offers several options for accessing and, if necessary, correcting your Daffeinated Account information. You may review your personal information by logging on to your Daffeinated Account. 
If you have questions or concerns about this Privacy Policy, our privacy practices, or your dealings with us, please contact us:
DAF Financial Inc
Attn: Online Privacy Coordinator
9000 City Place Blvd #1309
Woodbury, MN 55125
Telephone number: 612.895.1776
Email address: [email protected]

Disclaimer
The materials on Daffeinated are provided "as is". DAF Financial makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DAF Financial does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site.

Limitations
In no event shall DAF Financial or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Daffeinated website, even if DAF Financial or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata
The materials appearing on Daffeinated could include technical, typographical, or photographic errors. DAF Financial does not warrant that any of the materials on its website are accurate, complete, or current. DAF Financial may make changes to the materials contained on its website at any time without notice. DAF Financial does not, however, make any commitment to update the materials.

Use of Trademarks
Any use of DAF Financial or DAF Gives Charitable trademarks, branding, logos, and other such assets (including those related to Daffeinated, its affiliates or its suppliers) are strictly prohibited without the express written consent of DAF Financial and/or DAF Gives Charitable. 
Links
DAF Financial has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DAF Financial of the site. Use of any such linked website is at the User's own risk.

Site Terms of Use Modifications
DAF Financial reserves the right to change or modify these Terms of Use or any other DAF Financial, terms, conditions, or policies related to use of the Site (including the Privacy Policy identified herein) for its site at any time and will notify each User at the next instance of login as well as through their registered email. Each User will have to accept the modifications or changes in the Terms of Use after any change in order to continue to use Daffeinated.
These Terms replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitute the entire and exclusive Agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect.
Registration and Accurate Information
Any failure to provide accurate information to DAF Financial may result in suspension and termination of your Daffeinated account. You agree that you will not attempt to falsely hold yourself as someone else or otherwise impersonate an institution or person while using Daffeinated.
Any User is responsible for the safety of his or her username and password. DAF Financial will not be liable for breach of accounts due to improper safeguarding of account Usernames and passwords. It is the User's responsibility to notify DAF Financial immediately of any breach, theft, or loss of passwords and or usernames.

Setting up your Account
Account Creation: As a user of the platform, you will be required to create an account. You agree to provide accurate, current, and complete information during the registration process. Required information includes first and last name, email address, phone number, date of birth, username and password.

Use of Donations: Grants will be based on the recommendation of users who are active on the Daffeinated platform and who have an available fund balance to advise on. Grants to registered charities will be via ACH (via Stripe as explained below) or check. Daffeinated will retain documentation of the recipient charity's name, EIN, address, banking information (including authorized signers), phone numbers and other relevant information. 
Account Holders will be allowed to recommend donations to existing 501(c)(3) nonprofits as more fully described in the Donor Agreement. DAF Gives Charitable reserves the right to approve all recommendations for donations but generally requires that each charity eligible for donations is determined by 1) Inclusion in the IRS database, and or, 2) direct vetting by DAF Gives Charitable of the charity and payment method/account on file. Typically, once a donor recommendation is received, DAF Gives Charitable makes direct contact with the organization to verify identity and key information as well as preferred method of payment. If the charity chooses to receive electronic payments, they are required to provide a bank account connected to their EIN as well as the Social Security Number of a signer on the account. 

In order to donate to a charity, a User will be required to provide DAF Financial information regarding his or her credit card, debit card, or bank account, or other payment method. You, as a User, represent and warrant to DAF Financial that such information is true and that you are authorized to use the applicable payment method. You agree that a minimum donation amount may apply, and that all payments are final and will not be refunded unless DAF Gives Charitable, in its sole discretion, agrees to issue a refund. DAF Financial uses third-party payment processing partners to process your payment method for any donations made. Users acknowledge that by contributing to a charity on the Daffeinated platform, they agree to any and all applicable terms set forth by Stripe, one of our payment partners, including Stripe Connected Account Agreement.
If a charity desires to use Stripe’s payment processing services, they must register with Stripe as a connected account. The Stripe Connected Account Agreement explains that process and is available here: https://stripe.com/legal/connect-account. The Stripe Privacy Policy is available here: https://stripe.com/privacy. By accepting this agreement with DAF Financial and DAF Gives Charitable, a charity's representative agrees that he/she has reviewed the Stripe Connected Account Agreement and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the Stripe Connected Account Agreement or Privacy Policy, please visit Stripe’s website at www.stripe.com or contact Stripe at https://support.stripe.com/.
Recurring Donations
Recurring donations automatically renew and have a recurring payment feature, and unless the User opts out of the donation, will be automatically extended for successive payments and will cause the payment method associated with the donation to be charged. In connection with each recurring donation the User authorizes DAF Financial to process your payment. DAF Financial does not provide refunds of any amounts received in connection with previously made donations, unless provided at its sole discretion. Additionally, by contributing via a recurring donation, the User agrees that they and they alone will maintain the donation details (e.g. including updating cards on file) required to complete the donation and execute the transaction in good order. Additionally, recurring donations will be processed as individual donations and are subject to a charity's good standing at the time when the donation is processed.
Bank Account Transfers
Users paying by bank transfer other than ACH, authorize DAF Financial's third-party payments processor, Stripe, to initiate electronic entries to each bank account that you set up on Daffeinated and to initiate adjustments for any transactions credited or debited in error. Users are bound by the applicable bank transfer method rules and agree that all transactions that they initiate will comply with all applicable laws. A user's authorization will remain in full force and effect until he or she notifies DAF Financial that he/she revokes it by adjusting the User's payment methods in the application.
Donation payment processing may also be facilitated using EntreBank. By using the Daffeinated website you agree to be bound by EntreBank’s Terms of Use
Charities: Withdrawing Funds
In order to receive funds raised from donors on Daffeinated, charities must register with Stripe in order to receive ACH transfers to their specified bank account. Charities registering with Stripe become a "Connected Account”. Connected Accounts must register with Stripe directly or through the Platform. To register, a Connected Account provides information, including email address and a phone number, in order to create an account ("Account"). Information about signers on the Charity bank account including signor name and social security number will also be required. Charities are responsible for maintaining the secrecy and security of the Account access credentials and for any use of or action taken under them. By accepting donations through this platform, organizations certify that no goods or services have been nor will be provided in exchange for these donations and that matching funds will be used for general charitable purposes. Charities who do not complete the verification process including registration with Stripe Connect, will be sent a physical check from DAF Gives Charitable.
Indemnification
User agrees to indemnify and hold harmless DAF Financial and DAF Gives Charitable, including their respective agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Daffeinated website, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the site, violation of these Terms of Use, or violations of any rights of a third party, or any allegation thereof. DAF Financial and DAF Gives Charitable reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Daffeinated and DAF Gives Charitable Fees:

All Assets Under Management held by DAF Gives Charitable are subject to an Admin fee of not more than 0.4% annually plus any Financial Advisory or Money Management Fees.

All donations made by DAF Gives Charitable are subject to a variable fee determined by both the donor and receiving charity of 0% to 9%.

No Warranties
DAF Financial is providing this site and content to the User "as is" and "as available" without any warranties or representations, expressed or implied. The User is using the site at his or her own risk. To the fullest extent allowable under applicable law, DAF Financial disclaims all warranties, whether expressed or implied, including any warranties that the site is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing, or free or defects or able to operate on an uninterrupted basis, or that the use of the site by the User is in compliance with laws, or that User information transmitted in connection with the site will be successfully, accurately, or securely transmitted.
Limits of Liability
To the fullest extent allowable under applicable law, in no event shall DAF Financial, DAF Gives Charitable, or any of their respective agents or anyone involved in creating or providing this site or content (a) be liable to the User with respect to use of the site; and/or (b) be liable to the User for any direct, indirect, special, incidental, consequential, punitive, exemplary, or other damages, including, without limitation, damages for the loss of goodwill, lost profits, loss, theft, or corruption of User information, the inability to use the site, or device failure or malfunction. The User's sole remedy is to cease use of the site. DAF Financial, DAF Gives Charitable, and their respective agents and anyone involved in creating or providing this site or content shall not be liable even if any of them or any authorized representative of them has been advised of the possibility of such damages, including without limitation damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall DAF Financial or DAF Gives Charitable, or their respective agents or anyone involved in creating or providing this website or User Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by or User for use of the Site or $100, whichever is less.
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth above, so the limitations above may not apply to you.

Termination
Either party may terminate this Agreement at any time. DAF Financial may terminate or suspend your access to or ability to use any and all Daffeinated Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, DAF Financial may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

Governing Law; Dispute Resolution
Any claim relating to Daffeinated shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Minnesota or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in internet commerce and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
You and DAF Financial agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and DAF Financial otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and DAF Financial agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Minnesota. Both you and DAF Financial consent to venue and personal jurisdiction there.

Third Party Beneficiaries
User agrees that DAF Gives Charitable, and DAF Financial's service providers, licensors, or others involved in creating or providing the Site are third party beneficiaries to this End-User License, including but not limited to, the provisions concerning Indemnification, No Warranties, No Liability and mandatory arbitration.
Miscellaneous
This Agreement is not assignable, transferable, or sub-licensable by you except with DAF Financial's prior written consent. DAF Financial may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DAF Financial in any respect whatsoever.
Revised and effective March 1, 2024


DAF Gives Charitable Donor Agreement
This Donor Agreement sets forth the terms and conditions that apply to the donor advised fund program of DAF Gives Charitable (“DAF Gives Charitable”), including opening a donor advised fund (“DAF Gives Account”) at DAF Gives Charitable (each a “DAF Gives Account”), contributions to DAF Gives Charitable, and DAF Gives Account privileges, including grant recommendations, investment recommendations, DAF Gives Account authorization, and successor options.
All activities of DAF Gives Charitable, and participation in the donor advised fund program, are subject to the DAF Gives Charitable Bylaws , this Agreement, these Terms of Service, and policies and procedures that may be adopted by DAF Gives Charitable from time to time. DAF Gives Charitable reserves the right to modify the program, this Agreement, and these Terms and Conditions at any time. 
DAF Gives Charitable Account Holders may make irrevocable charitable contributions to DAF Gives Charitable and may recommend grants to Eligible Grant Recipients. Account Holders may also recommend that their contributions be allocated to one or a combination of investment pools, each of which is managed by Midwest Professional Planners, Ltd (“MPPL”), that provides investment advisory services and account management services, as well as asset custodial services through Fidelity Investments, to DAF Gives Charitable. 
A Donor is any person who makes a contribution that is accepted by DAF Gives Charitable to be held in a DAF Gives Account. Donors are generally also Account Holders; see “Account Holder” and “Third-Party Contributions” below. Account Holder. An Account Holder is a person with advisory privileges with respect to a DAF Gives Account to make grant and investment recommendations. An Account Holder may be an individual, corporation or other business entity, trust, or family limited partnership. Tax-exempt organizations, including charities exempt under Section 501(c)(3) of the Code, are not eligible to be Account Holders. There may be no more than four Account Holders with respect to any DAF Gives Account. Each Account Holder will have full and equal privileges, as set forth below. 
➤ Organizational Account Holder. An Organizational Account Holder is any person that is not an individual and is not a business entity, and may include non-business trusts, estates, partnerships, LLCs, and LLPs.
➤ Corporate Account Holder. A Corporate Account Holder is any business entity, and may include business corporations, LLCs, LLPs, partnerships, and trusts. 
Primary Account Holder. The Primary Account Holder is the Account Holder to whom DAF Gives Account statements, confirmations, and other communications are sent. Otherwise, the Primary Account Holder has no privileges different from any other Account Holder. 
Authorized Person. An Authorized Person is an individual designated by an Account Holder authorized to exercise any or all of the advisory privileges with respect to a DAF Gives Account. Any Account Holder may remove any Authorized Person at any time. When used below in connection with descriptions of advisory privileges, these Terms and Conditions assume that an Authorized Person has been designated to exercise that advisory privilege with respect to the DAF Gives Account. With respect to Account Holders that are entities, including corporations, LLCs, and trusts, the entity shall designate one or more “DAF Gives Account Contacts” to act on behalf of the entity. 
DAF Gives Charitable approval. Each person named as an Account Holder, Authorized Person, DAF Gives Account Contact, or Successor is subject to review and approval by DAF Gives Charitable. DAF Gives Charitable reserves the right to decline, to approve, or to withdraw and revoke any such designation at any time in its sole discretion. 
GIVING ACCOUNT PRIVILEGES Account Holder. Each Account Holder has the following advisory privileges with respect to the DAF Gives Account, in each case: 
➤ Naming the DAF Gives Account. Any Account Holder may name or change the name of the DAF Gives Account as set forth herein. 
➤ Adding, modifying, or removing an Account Holder. Any Account Holder may at any time add an Account Holder (up to the limit on the number of Account Holders set forth above) and may modify any other Account Holder’s contact information. Any Account Holder being added or removed must provide written consent to their addition or removal.  
➤ Designating, modifying, or removing an Authorized Person. Any Account Holder may at any time add or remove any Authorized Person on the DAF Gives Account and may authorize or remove authorization for that Authorized Person to exercise any of the General DAF Gives Account privileges set forth below. 
➤ Additional recommendation privileges. Any Account Holder may exercise any or all the General DAF Gives Account privileges set forth below. 
➤ General. Only Account Holders may exercise the privileges set forth herein. In addition, DAF Gives Charitable will not accept any advisory privilege recommendations (such as naming Account Holders or Authorized Persons, recommending grants, or naming Successors) through testamentary instruments or other form of instruction not received by DAF Gives Charitable during the Account Holder’s lifetime and accepted by DAF Gives Charitable. Authorized Person. An Authorized Person may exercise only the specific General DAF Gives Account privileges that they have been authorized to exercise by an Account Holder. DAF Gives Charitable reserves the right to review and approve at any time any designation of Authorized Person and any designation of authorized DAF Gives Account privileges. 
➤ Firm-wide DAF Gives Account access. With an Account Holder’s permission, DAF Gives Charitable will provide DAF Gives Account access to associates at the firm of the Authorized Person, each of whom may exercise the specific General DAF Gives Account privileges that they have been authorized to exercise by an Account Holder. 
➤ Termination of privileges. All account privileges of an Authorized Person will terminate at the earliest of death of the Authorized Person, when they are revoked by an Account Holder, or when they are revoked by DAF Gives Charitable. 
➤ Minors. Minors may be named as Account Holders (but not Primary Account Holders) on a DAF Gives Account only where the minor’s legal guardian (1) is the Primary Account Holder on the same DAF Gives Account and (2) authorizes all transactions initiated by the minor, until the legal guardian establishes that the minor has reached the age of majority in the minor’s state of residence. 
➤ Organizational DAF Gives Account. An Organizational DAF Gives Account is a DAF Gives Account for which an Organizational Account Holder is the Primary Account Holder. 
➤ Corporate DAF Gives Account. A Corporate DAF Gives Account is a DAF Gives Account for which a Corporate Account Holder is the Primary Account Holder. 
➤ Organizational DAF Gives Accounts and Corporate DAF Gives Accounts must name an individual (for example, an officer or trustee) authorized to act on behalf of the organization as the Primary DAF Gives Account Contact. The Primary DAF Gives Account Contact may name one or more individuals as an additional DAF Gives Account Contact, each of whom is granted full authority to take action with respect to the Organizational DAF Gives Account or Corporate DAF Gives Account at DAF Gives Charitable in the name of and on behalf of the organization or corporation. All DAF Gives Account correspondence for an Organizational DAF Gives Account (with the exception of confirmations related to contributions made by third-party contributors) will be sent to the Primary DAF Gives Account Contact at the Primary DAF Gives Account Contact’s address of record. General DAF Gives Account privileges. An Account Holder holds all the privileges set forth below. An Authorized Person holds only the privileges specifically designated by an Account Holder. 
➤ View privileges. Each Account Holder and each Authorized Person shall have the privilege to view, but not necessarily modify, all DAF Gives Account information, including contribution and grant history, statements, and other DAF Gives Account information. 
➤ Grant recommendation privileges. An Account Holder or Authorized Person with grant recommendation privileges is able to recommend grants of any size to Eligible Grant Recipients, and to complete any paperwork and to make any certifications in connection with the grant recommendation. 
➤ Investment recommendation privileges. An Account Holder or Authorized Person with investment recommendation privileges is able to make any investment recommendations that are available to the DAF Gives Account, and to complete any paperwork and to make any certifications in connection with the investment recommendation. 
➤ Termination of DAF Gives Account privileges. DAF Gives Charitable reserves the right, at any time and in its sole discretion, to decline to permit an individual to make contributions or to exercise any or all advisory privileges with respect to a DAF Gives Account. 
DAF Gives Charitable reserves the right to modify the nature and function of donor privileges from time to time in its sole discretion for any reason, including without limitation compliance with applicable law.
Opening a Giving Account; Donor Application
An eligible Account Holder may apply to establish a DAF Gives Account by completing a Donor Application and submitting it to DAF Gives Charitable. Individual Account Holders may complete and submit an application online at www.DAF Financialcharitable .org, or may submit a completed application by mail or by fax. Any entities seeking to establish an Organizational DAF Gives Account must submit a completed Donor Application by mail or by fax, together with the minimum initial contribution. DAF Gives Charitable will review each Donor Application and, if approved, will create a DAF Gives Account. Once the DAF Gives Account is established, Account Holders may make additional contributions at any time, subject to approval by DAF Gives Charitable. 
Minimum initial contribution. DAF Gives Charitable may set minimum amounts for any initial contribution for any type of DAF Gives Account. 
CONTRIBUTIONS General. All contributions are subject to review and approval, and once accepted are irrevocable. DAF Gives Charitable reserves the right, in its sole discretion and for any reason, not to accept any contribution. Although DAF Gives Charitable may have received and/or taken possession of a contribution, it is not accepted until deemed so by DAF Gives Charitable. If DAF Gives Charitable determines that it will not accept a contribution, the property will be returned to the Donor as soon as feasible. Once DAF Gives Charitable accepts a contribution, it is irrevocable and is owned and controlled by DAF Gives Charitable, and DAF Gives Charitable has exclusive legal control over all contributed assets, including the timing and manner of sale of any contributed property. 
➤ Cash equivalents. Cash equivalents must be in U.S. dollars and delivered by check, electronic funds transfer (“EFT”), or wire. Checks should be made payable to DAF Gives Charitable. Please also indicate the name and/or number of the DAF Gives Account in the memo field. 
➤ Publicly traded securities. DAF Gives Charitable will generally accept publicly traded stocks, mutual fund shares, and bonds traded on an established market. Securities that are not readily marketable, including without limitation control shares, large blocks, and thinly traded stock, are subject to additional review and may not be accepted. 
➤ Contributions generally not accepted. DAF Gives Charitable will generally not accept contributions of the types of property set forth below. Prospective Donors should contact DAF Gives Charitable prior to attempting to make any contribution of any of the following: • Currency or certain cash-like monetary instruments, including bank drafts, traveler’s checks, or money orders • Artwork • Real estate (other than shares of a publicly traded real estate investment trust)
Tax Forms 
➤ Confirmations and acknowledgments. DAF Gives Charitable will send confirmation of each contribution to the Donor making the contribution. Confirmations should be read carefully. Any error must be reported within 60 days of receipt to DAF Gives Charitable. • Contribution confirmations serve as Donors’ receipts. Because the IRS requires taxpayers to substantiate the deductions they claim as charitable contributions, Donors should keep copies of contribution confirmations provided by DAF Gives Charitable with their tax records for the year in which the contribution was made. Donors are responsible for the value they claim as a deduction on their tax returns. (Any fair market value reflected on DAF Gives Charitable contribution confirmations or statements is provided as a courtesy only.) Before claiming any tax deduction, Donors should consult their tax advisor. Donors, Account Holders, Authorized Persons, and other persons have no interest in contributions after they are accepted and cannot control the liquidation of contributions. After DAF Gives Charitable accepts a contribution, DAF Gives Charitable has exclusive ownership and control over the contributed property and may sell any contributed property in the manner and at a time selected at DAF Gives Charitable’s sole discretion. 
Contributions to DAF Gives Charitable cannot be subject to any restriction or condition, including, without limitation, as follows: 
➤ That the Donor, Account Holder, Authorized Person, or any other person reserves a right to confer, advise, control, or direct the sale or other disposition of any contributed property. 
➤ That DAF Gives Charitable retains the contributed property for any length of time prior to sale or other disposition, including that the contributed property not be sold immediately. 
➤ That the contributed property be sold or disposed of in any particular manner or sequence. The Donor hereby agrees and acknowledges that, in the event that a Donor, Account Holder, Authorized Person, or any other person attempts to communicate a condition or restriction with respect to the sale or other disposition of any contributed property, or purports to advise DAF Gives Charitable regarding any aspect of the sale or other disposition of any contributed property, including the timing and manner of such sale or other disposition, such communication is of no effect, is not legally enforceable, and may be disregarded by DAF Gives Charitable in its sole discretion without further communication, notice, or acknowledgment. 
GRANTS General. Account Holders and certain Authorized Persons have grant recommendation privileges and may recommend grants to Eligible Grant Recipients. Eligible Grant Recipients generally include the full range of charitable organizations, including qualified religious, educational, hospital or medical research, governmental, and publicly supported charitable organizations. Grant recommendations are not binding and are subject to review and approval by DAF Gives Charitable in its sole discretion. The Board of Directors of DAF Gives Charitable have adopted procedures and safeguards with respect to grantmaking to ensure that funds are used exclusively in furtherance of charitable purposes and in accordance with policies set by the Board. 
Eligible Grant Recipients. Grants can be made only to Eligible Grant Recipients. An Eligible Grant Recipient must be either (1) exempt from tax under Section 501(c)(3) of the Code and classified as a public charity under Section 509(a)(1), (a)(2), or (a)(3) of the Code (except certain supporting organizations); (2) classified as a private operating foundation under Section 4942(j)(3) of the Code; or (3) a governmental unit described in Section 170(c)(1) of the Code. In addition, an Eligible Grant Recipient must be in good standing under both applicable federal and state laws and otherwise meet DAF Gives Charitable’s policies regarding Eligible Grant Recipients as they may be adopted and amended from time to time. 
➤ Supporting organizations. Supporting organizations defined as Type I under Code § 509(a)(3)(B)(i), Type II under Code § 509(a)(3)(B)(ii), or functionally-integrated Type III under Code § 509(a)(3)(B)(iii) and Treas. Reg. § 1.509(a)(4) are generally Eligible Grant Recipients. Certain supporting organizations described in Section 4966(d)(4) (“disqualified supporting organization”), including non-functionally-integrated Type III supporting organizations and any supporting organization that supports an organization controlled directly or indirectly by a Donor or Account Holder, are not Eligible Grant Recipients. In addition, supporting organizations of any type that support a foreign (non-U.S.) organization are generally not Eligible Grant Recipients. 
➤ Private operating foundations. Private operating foundations that meet the support test under Section 4942(j)(3)(B)(ii) of the Code may be Eligible Grant Recipients. No other private foundation shall be an Eligible Grant Recipient. 
➤ Governmental units. Governmental units described in Section 170(c)(1) of the Code may be Eligible Grant Recipients; however, governmental instrumentalities and government related organizations that do not qualify as units of government described in Section 170(c)(1) are not Eligible Grant Recipients. 
Additional requirements. In addition to the requirements set forth above, Eligible Grant Recipients must meet additional requirements set by DAF Gives Charitable. These requirements include, but are not limited to, the following: 
➤ Compliance with law. The organization must be operated exclusively for charitable purposes. The organization will not be considered to be operated exclusively for charitable purposes if directly or indirectly: • the organization operates in violation of law, including without limitation engaging, supporting, or inciting terrorism, money laundering, violations of civil rights, embezzlement, fraud, or other activities in violation of federal or state law or public policy; • the organization participates in, or intervenes in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; • a substantial part of the organization’s activities is carrying on propaganda or otherwise attempting to influence legislation; or • DAF Gives Charitable has been informed or has reason to believe that the organization is currently being investigated by governmental authorities regarding potential breaches of applicable law. 
➤ Non-U.S. charities. DAF Gives Charitable does not generally make grants to non-U.S. charitable organizations (organizations not formed under the laws of the United States and its territories).. DAF Gives Charitable may, however, make grants to U.S. public charities that carry on or provide funding for charitable activities outside the United States. As with all grant recommendations, these grants are subject to review and approval by DAF Gives Charitable in its sole discretion. 
Impermissible grants. DAF Gives Charitable approves grants only if they are to be used exclusively in furtherance of charitable purposes of an Eligible Grant Recipient. In accordance with this policy, DAF Gives Charitable reserves the right to perform additional due diligence and to decline to make a recommended grant to a charitable organization, including, without limitation, where DAF Gives Charitable is unable to determine in its sole discretion: 
➤ that the organization is not an Eligible Grant Recipient; 
➤ that the grant will not confer a more than incidental benefit on an Account Holder, Authorized Person, or other third party; 
➤ that the grant will not be used for lobbying, for political contributions, or to support political campaign activities; 
➤ that the grant will not be used for improper purposes; 
➤ that the Account Holder, Authorized Person, and related persons do not control the organization; and 
➤ that the grant is in all other ways consistent with DAF Gives Charitable policies. 
Remedial actions. In situations in which DAF Gives Charitable determines that a grant that was made did not meet DAF Gives Charitable’s grant making standards, DAF Gives Charitable may take remedial actions, which may include, but are not limited to, requiring that the grant be returned to DAF Gives Charitable or that the Account Holder make an additional nondeductible contribution. In situations involving failure by an organization, Account Holder, or Authorized Person to comply with these requirements, DAF Gives Charitable may, in its sole discretion, determine that the organization shall no longer be an Eligible Grant Recipient, and may limit or revoke any or all recommendation privileges of any Account Holder or Authorized Person. 
Special purpose designation. An Account Holder or Authorized Person may recommend that a grant transmittal include a non-binding designation regarding the grant (a “special purpose”), such as the charitable purpose, program, or project of the recipient charitable organization that the Donor wishes to support; such a special purpose designation does not constitute a restriction placed by DAF Gives Charitable upon the grant. DAF Gives Charitable will review the grant recommendation, including the special purpose, and, if approved, will convey to the charitable organization the recommended special purpose. DAF Gives Charitable reserves the right to modify the special purpose as DAF Gives Charitable deems necessary, for clarity, conformity with DAF Gives Charitable policies, or for any other reason in the sole discretion of DAF Gives Charitable. 
Donor acknowledgment and anonymous grants. When recommending a grant, an Account Holder may generally choose to be identified by name and address, and DAF Gives Account name (e.g., “The Smith Family Charitable Fund”) to the recipient charity; to be identified only by the name of the DAF Gives Account; or to remain anonymous and not be identified, in which case the grant will be identified as recommended by a DAF Gives Charitable Account Holder who wishes to remain anonymous. DAF Gives Charitable may in its sole discretion choose to limit anonymity. 
Number of grants. DAF Gives Charitable allows an unlimited number of grants from a DAF Gives Account. Minimum grant amount. DAF Gives Charitable will consider grant recommendations of $50 or more or for the balance of the DAF Gives Account, whichever is less. 
Minimum grant requirements. DAF Gives Charitable has two requirements regarding grant activity: one for the aggregate of its donor-advised funds, and the other specific to each DAF Gives Account. 
➤ Aggregate. DAF Gives Charitable policy requires that, in the aggregate, it will make grants each year of greater than 5% of average net assets on a fiscal five-year rolling basis. If this requirement is not met in a fiscal year, DAF Gives Charitable will ask for grant recommendations from DAF Gives Accounts that have not had grant activity of at least 5% of the DAF Gives Account’s average net assets over the same five-year period. If Account Holders on these DAF Gives Accounts do not make grant recommendations within 60 days, DAF Gives Charitable will make grants of the required amounts in its sole discretion. 
➤ Each DAF Gives Account. DAF Gives Charitable requires active grantmaking in every DAF Gives Account. If no grants have been distributed from a DAF Gives Account for one year, DAF Gives Charitable will make every effort to contact the Account Holder to encourage grant recommendations from the DAF Gives Account. After two years in which no grants have been distributed from a DAF Gives Account, DAF Gives Charitable will make grants from the DAF Gives Account in an amount determined under its applicable policies to Eligible Grant Recipients as determined by DAF Gives Charitable. In situations in which, in the sole discretion of DAF Gives Charitable, a DAF Gives Account has remained inactive in grantmaking for an excessive period of time, DAF Gives Charitable may in its sole discretion revoke and terminate any recommendation privileges with respect to a DAF Gives Account. 
Timing of grant review and distribution. DAF Gives Charitable seeks to review grant recommendations and, if approved, to issue grants promptly. Certain grants and certain grant recipients may require additional due diligence. DAF Gives Charitable shall not be liable to any person for the timing of any grant review and distribution. DAF Gives Charitable has exclusive ownership and control over all contributed property and all earnings thereon, and may determine in its sole discretion whether an organization shall be an Eligible Grant Recipient, and whether to approve any grant recommendation. Donors, Account Holders, and Authorized Persons have no legally enforceable right that DAF Gives Charitable make any recommended grant to any particular organization, and Donors, Account Holders, and Authorized Persons hereby acknowledge that DAF Gives Charitable may decline any grant recommendation. 
INVESTMENTS In general. Donors, Account Holders, and Authorized Persons may recommend how funds in a DAF Gives Account should be invested in accordance with investment options approved by its Board of Directors. All investment allocation recommendations are subject to review and approval by DAF Gives Charitable, and DAF Gives Charitable reserves the right in its sole discretion to alter the investment allocation of any DAF Gives Account. 
Investment pools. If no investment recommendation has been made with respect to a DAF Gives Account at the time of its creation, funds in the DAF Gives Account will be invested in the Give Now (conservative) Pool. Thereafter, each Donor is asked at the time of any subsequent contribution how the proceeds should be invested, and a User or Authorized Person making a DAF Contribution is asked at the time of making the Contribution which investment pool(s) the Contribution should be held in. In addition, Account Holders and Authorized Persons who have been granted investment recommendation privileges may from time to time recommend how existing funds in the DAF Gives Account should be reallocated among approved investment options. DAF Gives Charitable’s investment pools, and any DAF Gives Account’s position in investment pools, are a notional accounting of DAF Gives Charitable’s own investments, and do not constitute securities. A notional net asset value (“NAV”) is determined once a month after market close for each investment pool, and all purchases and redemptions on any day are made at that NAV. 
DAF Gives Charitable has exclusive ownership and control over all contributed assets and all earnings thereon, and may determine in its sole discretion how funds it holds shall be invested, including, without limitation, the definition and composition of investment pools, permissible investments, diversification requirements, and investment programs. Donors, Account Holders, and Authorized Persons may not reserve, and have no legally enforceable right that DAF Gives Charitable make any recommended investment, and may not reserve or exercise any right to confer, advise, control, or otherwise direct investments by DAF Gives Charitable of contributed property and all earnings thereon.
➤ In the event of the account holder becomes incapacitated or dies without designating a successor account holder, the account will be terminated and DAF Financial will assume the funds as unrestricted assets.
➤ Each individual DAF Gives Account is assessed an annual administrative fee of 0.7% of Assets Under Management, assessed daily. DAF Gives Charitable reserves the right to adjust this fee from time to time.
Governing Law; Dispute Resolution
Any claim relating to DAF Gives Charitable shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions.
All claims and disputes arising under or relating to this Donor Agreement are to be settled by binding arbitration in the state of Minnesota or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in internet commerce and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
You and DAF Gives Charitable agree that we will resolve any claim or controversy at law or equity that arises out of this Donor Agreement in accordance with this Section or as you and DAF Gives Charitable otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
You may only resolve disputes with DAF Gives Charitable on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and DAF Gives Charitable agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Minnesota. Both you and DAF Gives Charitable consent to venue and personal jurisdiction there.