Welcome to AngeLink Community Foundation, (“ACF”). ACF is a 501(c)(3) public charity, Federal Tax ID: 85-2671534 with a mission to empower women and organizations that support women through charitable grants and distributions. We operate programs to support our mission and partnerships with other organizations and charities to enable users of our technology partner, AngeLink, Inc. to donate to nonprofit organizations.
These ACF Donor Terms of Service, constitute a legal, binding contract and apply to your access to and use of the ACF platform, including the ACF website and/or mobile applications (the “ACF Platform” or “Platform”). ACF reserves the right, at our sole and exclusive discretion to update these Terms of Service. Your continued access to or use of the ACF Platform constitutes your agreement to the Terms of Service as valuable and sufficient consideration and that you agree to be bound by these Terms. If for any reason you do not agree to or accept the updated Terms of Service, you must discontinue your access to and use of the ACF Platform and exit immediately.
ACF offers programs to enable donors to fund nonprofits to make a powerful positive impact. Our core values are rooted in fundamental human kindness and compassion. All donations made to a nonprofit on our technology partner AngeLink’s platform are made as voluntary gifts to ACF, which is a donor-advised fund. At the time of their donation, donors will receive a tax receipt from ACF. You will disregard any additional tax receipt you may receive from an ACF charity partner that may be forwarded to you as a duplicative receipt to ACF’s grant to that charity.
ACF grants funds to charities enrolled in the ACF Nonprofit Alliance pursuant to the ACF Nonprofit Alliance User Agreement. Charities must be enrolled in the Nonprofit Alliance to receive funds.
By making a donation to ACF, you acknowledge and expressly agree that your donation is made to ACF as recognized by the Internal Revenue Service ("IRS") under Section 501(c)(3) as a tax-exempt public charity, Federal Tax ID: 85-2671534. ACF receives donations and remits grants to nonprofits as donor-recommended funds. ACF does not grant to non-operating private foundations or directly to individuals.
When you make a donation to ACF, it is made as a voluntary gift to ACF, and you may recommend that ACF remit your donation as a grant to a recommended nonprofit. ACF is operating as a donor-advised fund. When you make a donor-recommended donation, you expressly acknowledge that the grant will not be used for any impermissible benefits such as to confer a benefit to you, a family member or entity you control, and that the grant does not pay for goods or services that you have or will receive, nor does it satisfy a legally binding charitable pledge such as an auction, sweepstakes or gala event for your benefit or that of any family member or affiliate.
By using ACF, you acknowledge that your donations may be granted to recommended charities pursuant to the ACF Donor Terms of Service herein and that you will receive a receipt of your donation from ACF with the donation date that your donation was made to ACF. ACF grants will be made consistent with applicable laws, regulations and ACF policies.
All ACF grants will be made to nonprofits pursuant to the ACF Donation Remittance Policy. By using ACF, you acknowledge that ACF pursues several protocols to connect and engage with nonprofits pursuant to donor-recommended fund distribution, on a best effort basis, to grant funds to the donor’s recommended charities. However, ACF does not guarantee that your funds will be successfully granted to your recommended charity, pursuant to the ACF Nonprofit User Agreement. All donations to nonprofits are made through ACF and ACF has express, exclusive legal control and authority over all donor-recommended donations. ACF may redirect funds to another comparable or similar charitable organization or to support ACF’s mission to support and empower women, if ACF is unable to direct funds per your recommendation.
ACF does not charge other nonprofits a fee to process and complete donor recommended grants to charities. However, you acknowledge and expressly agree that any applicable third-party payment or transaction processing fees will be deducted from any ACF donor-recommended grants.
In order for your donation to ACF to be considered tax-deductible, it must be a final, irrevocable gift to ACF as required by law. Donations to the ACF may be refundable within ACF’s sole discretion within 30 days of donationIf, in ACF’s sole and exclusive discretion, a campaign is determined to be misrepresented, fraudulent, or in breach of our technology partner, AngeLink’s Terms of Service, that campaign will be terminated and all donations will be contributed to a similar charity or to ACF to be used in its sole discretion. See ACF’s Donation Refund Policy.
When accessing the ACF Platform you acknowledge and fully agree to indemnify, release, hold ACF and its designees, employees, directors and officers, harmless from all damages, losses, costs and/or expenses, as well as all attorneys' fees, claims, damages, awards, fines, as well as injury or death that may arise from your use of the ACF Platform, any Nonprofit Campaign, Donation or any User Generated Content. You also indemnify, release, and hold ACF and its designees, employees, directors and officers harmless from any and all damages, losses, costs and/or expenses related to your access to the Platform, as well as any violation of these Terms of Service or your violation of any rights of any User, Charity, organization, or other person. You acknowledge and agree that ACF has the right to conduct its own defense against any claim whatsoever and that you will indemnify ACF for the costs of its defense including all attorney’s fees and any other fees or expenses that may apply for any reason. If you are a resident of California, by accessing the Platform you waive California Civil Code Section 1542, indicating "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a person who is a resident of another jurisdiction in the U.S. or outside the country, you fully agree to waive any similar statute, regulation or law.
Any arbitration between you and ACF shall be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as outlined in these Terms of Service. You may obtain the AAA filing forms by contacting AAA directly.
If a party intends to seek arbitration you must send a written notice of the dispute to the other party by Express Mail with signature required or by certified Mail or if the other party has not provided a current physical address, then by email. The Notice of Arbitration must describe the basis of the dispute or claim and set forth the demand for relief sought. AngeLink will make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, either party may initiate arbitration proceedings. All arbitration proceedings between us shall remain confidential. In the arbitration, the amount of any settlement offer made by either you or AngeLink shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by ACF in settlement of the dispute prior to the award, we will pay you the higher of the amount awarded by the arbitrator or $10,000.
If you commence arbitration in accordance with these Terms of Service, ACF will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location. However, if the claim is for $10,000 or less, AngeLink may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by ACF that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first consent to these Terms of Service (the “Opt-Out Deadline”). You may opt out by mailing a written notification to AngeLink: 1130 Creekside Parkway, Suite 110835, Naples, FL 34108. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with AngeLink. You are responsible for ensuring the ACF’s receipt of your opt out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid.
You and ACF acknowledge and fully agree that either party may bring claims to the fullest extent permissible by law against the other only in your or our individual capacity and not as a plaintiff or class action member or any potential class or representative proceeding. Additionally, we both fully agree that 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 or any kind without prior express written consent by both AngeLink and you.
If this disputes section is found for any reason to be unenforceable, then the entirety of this disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms of Service.
ACF agrees to keep confidential the arbitration proceedings, all information exchanged between us, and any settlement offers, unless required by law or requested by law enforcement, court proceedings or government authority. However, both parties agree that we may each disclose this information to our respective accountants, insurance providers and auditors in confidence.
You acknowledge and fully agree that you are solely responsible for your User Generated Content and all communications with any other User when you access the Platform and that we bear no responsibility or liability herein. ACF reserves the right to take action in any way with disputes for any reason.
For any claims or disputes that are not subject to arbitration, as set forth above, you and AngeLink fully agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Delaware. Any failure of AngeLink to enforce or exercise any provision or right of these Terms of Service does not constitute a waiver of any kind. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, then both parties hereby agree that the other provisions of these Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall be forever barred.
ACF’s financial statements are posted online on an annual basis or you can request them by writing to ACF Compliance Team at: 1130 Creekside Parkway, Suite 110835, Naples, FL 34108. You can also request information from certain States as described below. Certain states require written disclosures for nonprofit organizations soliciting contributions, as noted below. Please note that state requirements may change at any time, therefore ACF cannot guarantee that this list is up to date at all times. Please check with individual states for updated information.
- Florida: A copy of the official registration and financial information may be obtained from the division of consumer services by calling 800-435-7352. Registration does not imply endorsement, approval or recommendation by the state.
- Georgia: A full and fair description of our programs and our financial statement summary is available upon request at the office and phone number indicated above.
- Maryland: For the cost of copies and postage, documents and information submitted in compliance with Maryland law are available from the Secretary of State.
- Mississippi: The official registration and financial information of ACF may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.
New Jersey: Information filed with the Attorney General concerning this charitable solicitation and the percentage of contributions received by the charity during the last reporting period that were dedicated to the charitable purpose may be obtained from the Attorney General of the State of New Jersey by calling 973-504-6215. It is also available on the internet at www.state.nj.us/lps/ca/charfrm.htm. Registration with the Attorney General does not imply endorsement.
New York: You may obtain copies of an annual report from the charities registry on the Attorney General’s website: www.charitiesnys.com or by sending a written request to the Office of the Attorney General, Charities Bureau, 28 Liberty Street, New York, NY 10005 or by calling 212-416-8401.
North Carolina: Financial information about a nonprofit organization and a copy of its license are available from the State Solicitation Licensing Branch at 888-830-4989. The license is not an endorsement by the State.
Pennsylvania: The official registration and financial information of a nonprofit may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.
Virginia: A financial statement is available by writing to the State Ofc. of Consumer Affairs in the Dept. of Ag. and Consumer Svcs, P.O. Box 1163, Richmond, VA 23218, (804) 786-1343.
Washington: The required notice of solicitation is on file in the Office of the Secretary of State. Additional financial and other information is available from the Secretary of State at www.sos.wa.gov/charities/ or by calling 800-332-4483.
West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement.
Wisconsin: A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided to any person upon request.