- Last revised 5/8/2022
Acceptance of the Terms
ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER
Except as otherwise described in the disputes section below, by using the Silent Donor services, you agree that disputes between us will be resolved by binding, individual arbitration and you waive your right to a jury trial or to participate in a class action. Please review the disputes section carefully; by entering this agreement, you expressly acknowledge that you have read and understand all of the terms of this agreement.
Arbitration and Choice of Law
All disputes under, concerning or relating to these Terms shall be resolved by mandatory binding arbitration. The arbitration proceeding shall be administered by the American Arbitration Association (“AAA”). Arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules. If there is any inconsistency between the Terms hereof and any such rules, the terms and procedures set forth herein shall control. A single arbitrator will resolve the dispute and shall be selected by mutual agreement of the parties. If the parties are unable to agree to an arbitrator, the AAA shall select and appoint the arbitrator.
SILENT DONOR LLC MAY UNILATERALLY AMEND THIS AGREEMENT
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.
Silent Donor Services Description: Silent Donor services are offered as a platform to allow an individual, or entity, to send a donation to a registered 501(c)(3) organization of their choice, without compromising the identity of the original individual, or entity.
The Service is a platform; We are not a Broker, Financial Institution, Creditor or Charity:
The Service is an administrative platform only. Silent Donor facilitates and permits Donors to make donations to organizations of their choice, vetted by Silent Donor employees, or pre-vetted by third party sites for their legitimacy (charities, universities, non-profits, etc. are hereafter listed as “Organization” or “Organizations”). Silent Donor is itself not a broker, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by Silent Donor relating to the Service is for informational purposes only, and Silent Donor does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Organizations, or donations, or any information or content relating to the Service, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Service is at your own risk.
Silent Donor has no control over the conduct of, or any information provided by an Organization and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any particular Organization, Client, or cause, unless explicitly stated in an official release, and we otherwise make no guarantee, express or implied, that any information provided by any organizations is accurate. We expressly disclaim any liability or responsibility for the outcome of any donation. You, as a Client, must make the final determination as to the value and appropriateness of contributing to any Organization.
Silent Donor offers its Platform to help Organizations receive donations from privacy-minded donors and to fiercely protect the identities of its Clients. Silent Donor provides its website to allow Clients to connect with the Organizations they are passionate about. By using the Service, you understand and agree that Silent Donor shall not be responsible for the use of your donations once it is sent to the organization of your choice.
Clients: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used. Silent Donor is not responsible for any offers, promises, rewards or promotions made or offered by Organizations. We do not and cannot verify the information that Organizations supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by an Organization or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If we, or our Clients, have reason to believe that an Organization is not raising or using the funds for their stated purpose, our team will launch an investigation and alert necessary authorities if necessary.
Any client that wants to impose restrictions on the use of their donation to an Organization needs to pre-arrange such a request with Silent Donor.
At this time, Silent Donor is proud to announce that donations that go through our platform will be immediately sent to the AnonDo Fund, a federally registered 501(c)(3) organization in the United States (Tax ID: 87-0879423) that operates a unique donor-advised fund. The AnonDo Fund will be in charge of administering donations to the organizations chosen by donors and clients. The AnonDo Fund will also be responsible for issuing tax-deductible donations, which will happen automatically upon successful payment through the Silent Donor platform. You should always consult a professional tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, holding regard to (among other things) your relevant jurisdiction.
Your Information Obligations:
When donating through our website, you agree to provide and maintain true, accurate, current and complete information about yourself or your Organization as prompted by the donation form. Clients must register using their true identities (or the identity of an Organization’s authorized representative), including their name, and email address, among other categories. If we receive a successful donation through our website without an accompanying, accurate donation form submission, our parner organization The AnonDo Fund has the right to treat the donation as an unrestricted donation, which they may choose to either use for operating expenses (most likely) or grant to charities at their discretion.
Users may use the Platform only for lawful purposes and in accordance with these Terms. Users shall not:
- Use the Platform and/or Services in any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, to facilitate any illegal transaction or to commit fraud);
- This includes the explicit prohibition of Clients using Silent Donor to send donations to U.S. political parties, candidates, campaigns, PACs, or Super PACs, as prohibited by the Federal Election Commission.
- Share non-public Platform features or content with any third party;
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform in interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Silent Donor’s prior written consent;
- Use any device software or routine that interferes with the proper working of the Platform;
- Access the Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Platform, or to copy any ideas, features, functions or graphics of the Platform;
- Use the Platform to promote, advocate, sell, or offer any illegal activity, good, or service;
- Use or access the Platform to infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Engage in any other conduct when using that Platform that Silent Donor deems inappropriate in Silent Donor’s sole discretion;
- Otherwise attempt to interfere with the proper working of the Platform. User is responsible and liable for their use of the Platform, any conduct that is prohibited by these Terms or conduct that would violate these Terms, and any use of the Platform through User’s dealings, whether authorized or unauthorized.
Platform Timing of Sending Donations from Clients:
Donations received from Clients will be sent from Silent Donor to the AnonDo Fund immediately. Then, all donations will be sent en masse by the AnonDo Fund on the final weekday of each month. Donations received the week of the final weekday of each month may, or may not, be sent the month the donation was received. In this case “Donations” means that funds have been sent to and have been accepted by our bank account, credit card processor, or digital wallet.
Making a Donation on the Platform, Authorization of Donation, or Placing Order:
By entering all of the information prompted on the Platform (including payment information, the “User Data”) in the process of making a Donation, writing a Donation amount, and clicking “Donate” or “Submit” or “Proceed to Pay” etc., you thereby authorize us to process your donation or your Order by prompting any third-party payment processor (“Payment Processor”) we use to charge the method of payment that you provided.
Tax-Deductible Donation Receipts
Clients will receive tax-deductible donation receipts from the AnonDo Fund, to whom the donation has been sent through our platform (unless explicitly stated otherwise). Your donation receipt will NOT appear to be a donation receipt from Silent Donor, as the AnonDo Fund retains legal control over the donations once they are sent to their organization.
We work with Clients to issue refunds if and when a situation requires such intervention. Silent Donor will review refunds on a case-by-case basis. Please feel free to reach out to us at [email protected] with any inquiries related to refunds and a member of our team will be in touch.
We reserve the right to charge a Platform fee to Clients, which allows us to provide the Platform to you, to process your Donations, and offer our donation form technology and secure process. You understand and acknowledge that the amount received by the Organization as a result of your Donation may be reduced by the amount of such Platform fee. Upon the acceptance of any donation from the Client, we will assess a small platform fee of 5%. This includes all donations given to us (via credit/debit, ACH transfer, digital currency, etc.).
You agree and acknowledge that Silent Donor does not set, control, or endorse the Organizations, or any conformance or legality of the representations of any Organization found on the Platform or elsewhere. Silent Donor cannot, and does not, control whether Organizations or their personnel or campaigns will complete their representations or promises they make on the Platform or elsewhere. In the event any Client has a dispute with an Organization, or suffers any harm arising out of or connected with any Organization, Client hereby waives all claims and releases Silent Donor (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Donations, or representations made on or through the Platform, any Organization, or with regards to such dispute.
Credit/Debit Card Payment Processor Fees:
If a client is using a credit card to complete a donation, industry-standard payment processor fees apply (hereinafter and on the website referred to as “Credit/Debit Payment Processor Fees”). This site is powered by Stripe. Stripe has a standard fee of 2.9% + $0.30 of all credit/debit card transactions. We recommend larger donations go through ACH Bank transfers to limit the amount of money taken by the Credit/Debit Payment Processor. The credit/debit payment processor fees apply only to payments made via credit/debit card and are apart from the standard platform fee of 5%, which we levy on all donations made through our platform. ACH Bank transfer fees are 0.8% of the donation, up until the amount reaches $5. The maximum third-party Stripe fee on an ACH Bank transfer is capped at $5.
Our current cryptocurrency payment processor is OpenNode, which allows for clients to send Bitcoin donations. OpenNode assesses a 1% fee to all transactions that go through the Silent Donor cryptocurrency payment page. That fee is levied in addition to Silent Donor’s platform fee. Donations sent via cryptocurrency must be equivalent to at least $50 USD at the time of the donation. If a donor donates less than $50 equivalent in Bitcoin, that donation will be treated as a donation to support the mission of the AnonDo Fund. However, if a client sends a donation in bitcoin that is equivalent to $50 at the time of their donation, but then the value of bitcoin declines, the AnonDo Fund will honor their donation and still send it to the organization indicated on the donation form. All cryptocurrency donations will still first be sent to the AnonDo Fund, and then on to the 501(c)(3) organization that was identified by a client. We currently only accept Bitcoin cryptocurrency donations. All Bitcoin donations are converted to fiat US dollars when they are sent to the recipient organizations. This is because we have found, painstakingly, that the vast majority of organizations are not yet capable of receiving cryptocurrency donations at this time.
Organization Due Diligence:
Our staff will research every Organization specified by Clients to ensure that it is a lawful and legitimate Organization. If we cannot find information on the organization that a client has specified, and have exhausted all means known to us, we will contact via email the Client in question and provide them with the chance to provide us additional information. If after one (1) month the Client cannot provide us with the pertinent information that we need to properly assess the legality or legitimacy of the Organization in question, our donation partners will accept the donation to either use for operating expenses (most likely) or grant to charities at their discretion. We take attempted cases of fraud extremely seriously and will not hesitate to report any Client if we feel we are being deliberately misled.
Modifications to Services:
Silent Donor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Removal Rights; Enforcement:
These Terms do not require that we take any action against Clients, or Organizations, or other third parties for violating the Terms, but we are free to take any such action if we see fit. Furthermore, we may terminate or suspend a Client’s access to the Platform without advanced notice, for any reason or no reason, including when we feel you are violating these Terms. We may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Platform. YOU WAIVE AND HOLD HARMLESS SILENT DONOR AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SILENT DONOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SILENT DONOR OR LAW ENFORCEMENT AUTHORITIES.
User Representations and Warranties:
You represent and warrant that: (a) all information provided by you (including any credit card, debit card, cryptocurrency digital wallet, and bank information) is true, correct, and complete; (b) charges incurred by you will be honored by your credit/debit card company, cryptocurrency account, or bank account; (c) you will pay the charges incurred by you in the amounts posted; (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information; (e) your use of the Platform shall comply with all federal, state, and local laws and regulations; and (f) any Donation or Order you make is not made in any manner to avoid applicable regulation or law.
IP Rights to the Platform:
Silent Donor and its licensors and licensees own all right, title, and interest, including intellectual property and other rights such as patents, trademarks, copyrights and trade secrets, in the Platform and all enhancements, modifications, and updates thereto. User recognizes that the Platform and its components are protected by copyright and other laws.
These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the information or material on our Platform, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (b) You may store files that are automatically cached by your Web browser for display enhancement purposes. If you print, copy, modify, download, or otherwise provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
Silent Donor’s name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Silent Donor or its affiliates or licensors. You must not use such marks without the prior written permission of Silent Donor. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
Links from the Platform:
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Linking to the Platform:
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Notwithstanding the foregoing, Silent Donor does not approve or endorse any individual organization or political ideology. In our discretion, we reserve the right to withdraw linking permission without notice.
Organizations and clients shall defend, indemnify, and hold harmless Silent Donor, its officers, directors, employees, shareholders, parents, subsidiaries, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or related to an Organization’s or client’s alleged or actual use of, misuse of, or failure to use the Platform, including without limitation any claims by third parties (including other users or Clients) related to: (a) an Organization’s use of the Platform or Donations made through the Platform; (b) the materials available on the Platform; (c) an Organization or Client’s breach or alleged breach of any of its representations and warranties under these Terms; Client’s or Organization’s obligations set forth herein include retention and payment of attorneys fees and payment of court costs, as well as settlement at Client’s or Organization’s expense and payment of judgments. Silent Donor will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.
Limitation on Liability
IN NO EVENT WILL SILENT DONOR, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL SILENT DONOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $500 DOLLARS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CLIENT AND ORGANIZATION ACCEPTS PLATFORM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) SILENT DONOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (B) SILENT DONOR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; (C) SILENT DONOR DOES NOT REPRESENT OR WARRANT THAT PLATFORM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE, ALTHOUGH WE WILL TAKE STEPS TO MINIMIZE THE POSSIBILITY OF ANY POSSIBLE DATA BREACHES; AND (D) SILENT DONOR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY SITES LINKED TO THE PLATFORM. SILENT DONOR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION OF THE PRODUCTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver; Severability; Entire Agreement
No waiver of or by Silent Donor of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Silent Donor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.