ONLINE DONATION AGREEMENT
This Online Donation Agreement (“Agreement”) is entered into
by and between you, the donor (hereafter “You” or the “Donor”), and Sterling
Escrow, Inc. (“Sterling Escrow”) the fiscal agent whose address is 12030
Sunrise Valley Drive, Suite 450, Reston, VA 20191, whose Federal Tax
Identification Number is 27-1067758, collectively referred to as the “Parties.”
By authorizing Sterling Escrow to act as your fiscal agent and making a payment
for Your designated charitable donation, You agree to be bound by these terms.
DONOR INFORMATION
For tax purposes Your donation will be in the name and
address used on the credit card or PayPal account used to make the donation. If
You wish Your donation to be made in some other name, please specify the person
in whose name You wish to make the donation in the information box provided at
the time of payment.
DONEE INFORMATION
Your donation will be transferred to the charitable
organization of your choice, as specified by you during checkout (the “Donee”).
The Donee must be a charitable organization that is tax-exempt under section
501(c)(3) of the Internal Revenue Code and that is recognized by the IRS has
eligible to receive tax-deductible charitable contributions. You acknowledge
that the selection of the Donee, consistent with the above requirements, is
made entirely of Your own discretion and Sterling Escrow will not conduct due
diligence and is not responsible for any review of the Donee You select.
FISCAL AGENT
You agree that You are retaining Sterling Escrow to act as
Your fiscal agent with respect to this donation. Upon payment, Sterling Escrow
will take custody of Your donation and then distribute the funds on Your behalf
to the Donee. Sterling Escrow will inform the Donee that is acting merely as an
agent serving as a conduit to facilitate donations from the Donor.
DONATION
You agree to donate, and Sterling Escrow agrees to pass
through Your donation to the Donee. You represent that the gift is a charitable
donation, not a payment for goods or services. You acknowledge and agree that
You are under no obligation to become a donor or to pledge a donation and that
You will be solely responsible for any decision to become a donor and for
identifying the Donee.
PAYMENT
You will make Your donation online by credit card or through
Sterling Escrow’s third-party payment processor. The processing of these
payments is handled by the respective financial institutions and payment
processors, and not by Sterling Escrow. Sterling Escrow does not see or store Your
method of payment details. As a donor, You represent and agree You are age 18
or over, that all payment information You provide to Sterling Escrow or Sterling
Escrow’s third-party service providers will be true, accurate, current, and
complete and that You will update such payment information as necessary to
maintain such information as true, accurate, current and complete. You warrant
that the donation is free of any encumbrances and that You have full legal
rights to donate. Once payment is made, Sterling Escrow will not refund any
donation amounts transferred to the Donee. If for any reason Sterling Escrow is
unable to make Your donation as directed, Your donation will be returned to
You.
TAX DEDUCTION
You acknowledge that Your donation will be made through
Sterling Escrow to the Donee. The contribution should be considered made on the
date Sterling Escrow transfers funds to the Donee. It is the intent of the Parties
that this donation be treated as a charitable contribution under section 170 of
the Internal Revenue Code and tax deductible to the extent permitted by law. Sterling
Escrow shall ensure Donee is informed of the identity of the Donor and that any
tax receipt or acknowledgment provided by the Donee is addressed to the Donor. You
should consult Your tax advisor(s) regarding the deductibility of Your donation(s).
Note that it is important for You to keep records of Your donation(s) and to
consult with Your tax advisor(s) to understand the tax implications of Your
contributions.
EXPENSES
Any expenses associated with the execution of this
Agreement, such as transfer expenses, credit card interest payments, and any
other cost(s) in making a donation are Your responsibility.
INFORMATION PRIVACY
You represent that all information, including any personally
identifiable information, you provide to Sterling Escrow or to Sterling
Escrow’s third-party payment provider with respect to the donation (“Personal
Information”) is true and complete. You give permission to Sterling Escrow to
use Your Personal Information as needed to carry out the donation and to
satisfy its legal obligation. You also give Sterling Escrow permission to share
all relevant Personal Information with the Donee to meet the Donee’s requirements
in accepting the donation. Sterling Escrow will not use Your Personal
Information for any other purpose and will not share Your Personal Information
with any other third-party.
DISCLAIMER OF WARRANTIES
Sterling Escrow expressly disclaims any warranties or
representations of any kind, whether express, implied, statutory, or otherwise
with respect to the use, application, and success of the donated amounts. This
includes, without limitation, any warranty of merchantability, fitness for a
particular purpose, title, non-infringement, and any warranties arising out of
course of dealing or usage of trade.
Sterling Escrow does not warrant that the use of the donated
amounts will achieve any particular results or meet the Donor’s expectations.
The Donor acknowledges that the application and success of the donated amounts
depend on a variety of factors outside Sterling Escrow’s control, and that Sterling
Escrow makes no guarantee as to the effectiveness or success of its programs,
initiatives, or endeavors funded by the donated amounts.
You acknowledge and agree that the donation is made with the
understanding that the Donee will have complete control and administration over
the unrestricted use of the donated funds. Sterling Escrow will not require
that any Donee provide any commitment or warranty as to the specific use or impact of
any particular donation.
The Donor acknowledges that the donation is made ‘as is’ and
without any warranties as to the achievement of any particular tax benefits.
The Donor should consult with their own tax advisor(s) regarding the tax
implications of their donation.
LIMITATION OF LIABILITY
To the extent permitted by law, Sterling Escrow shall not be
held liable to You or any other party for any indirect, incidental,
consequential, special, exemplary or punitive damages, lost profits, revenues
or business opportunities, irrespective of whether such damages were
foreseeable and whether or not Sterling Escrow has been advised of the
possibility of such damages. This limitation of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction.
GOVERNING LAW
This Agreement will be governed by, and construed in
accordance with, the laws of the Commonwealth of Virginia without regard to its
conflict of laws principles. The Parties agree that any action or proceeding
arising out of or relating to this Agreement will be instituted in the federal
or state courts located within the Commonwealth of Virginia.
ARBITRATION AND CLASS ACTION WAIVER
Arbitration Agreement: The Parties agree that any and all
disputes or claims that have arisen or may arise between them shall be resolved
exclusively through final and binding arbitration, rather than in court. The
Parties agree that any arbitration will occur on an individual basis; class
arbitrations and class/representative/collective actions are not permitted.
Class Action Waiver: THE PARTIES AGREE THAT THEY MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE
PROCEEDING. Further, unless both Parties agree otherwise in writing, the
arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of a representative or class proceeding.
Please note that the enforceability of arbitration
agreements and class action waivers can vary based on jurisdiction and specific
circumstances, and there are sometimes exceptions, particularly for certain
types of claims. Thus, it’s important that You consult with a legal
professional to ensure this clause will be enforceable and suitable in Your
specific circumstances.
IN WITNESS WHEREOF, the Parties have executed this Online Donation Agreement as of the date the payment is made to Sterling Escrow.