By using the website milliegiving.com, related subdomains and the related Millie mobile applications (collectively the “Site”) and related services (the “Services”), you agree to the following terms and conditions (the “Terms”) and the Privacy Policy, governing your access to and use of the Site and the Services of Millie, PBC. (the “Company” or “Millie” herein), including but not limited to the submission of funds to a donor advised fund for contribution to one or more charitable organizations. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES.
The Site is not directed to persons under the age of 13 and the policy of the Company is NOT to knowingly collect any personal information from persons under the age of 13. If you are under the age of 13, you should leave the Site without providing any information about yourself. Any access to or use of the Site by anyone under the age of majority requires consent to these Terms by a parent or legal guardian. By accessing or using the Site or the Services, you represent and warrant to Millie that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site and these Terms. By using the Site or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the provisions of these Terms.
Subject to these Terms, Millie will provide you with access to and use of the Site and the Services. Your use of the Site shall be deemed to be your agreement to abide by these Terms including any materials available on the Site incorporated by reference herein, including but not limited to Millie’s Privacy Policy. For reference, a Definitions section is included at the end of these Terms.
Millie offers its Site and Services as a platform to allow individuals to contribute monetary donations to a donor advised fund (the “Fund”), currently administered by the Infinity Benefit Foundation, and to request that the Fund contribute specified amounts to one or more charitable organizations (each a “Charity” and collectively “Charities”). Millie is not a broker, financial institution, creditor, charity or 501(c)(3) organization. Millie does not provide financial, legal, tax or other professional advice. Before making any decisions regarding charitable donations, you should consult with your financial, legal, tax or other professional advisors as appropriate. You acknowledge that all information and content accessed by you using the Site is at your own risk. You, as a donor, must make the final determination as to the value and appropriateness of contributing to a Charity. All donations are at your own risk, and you are responsible for understanding how your money will be used and the tax treatment of such donations. Although there are no fees to register for an account on the Site, when contributing money to the Fund, industry-standard transaction fees apply and will be deducted from the total donation amount. For a further description of these fees, please visit https://milliegiving.com/faqs.
Millie’s Privacy Policy may be viewed at https://milliegiving.com/privacy-policy. Millie reserves the right to modify its Privacy Policy in its reasonable discretion from time to time.
If you are a resident of or are located in the European Union or European Economic Area (“EEA”), you may also have certain rights under the General Data Protection Regulation (“GDPR”). Personal information (“Personal Data”) you provide on the Site is only collected with your consent, and is subject to the terms of Millie’s Privacy Policy.
Millie has no control over the conduct of or information provided by a Charity. Millie expressly disclaims any liability or responsibility for such conduct or information, and the outcome or success of the Charity.
Millie hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Site, solely for your own internal, non-commercial purposes, subject to these Terms. Access to the Services will require your consent to additional terms and conditions that will be presented upon signup or login. All rights not expressly granted to you are reserved by Millie and its licensors.
You may not access the Site or the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. In addition, you shall not:
(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or the Services in any way;
(b) modify or make derivative works based upon the Site;
(c) embed the Site as a frame from within another website or application;
(d) access the Site or the Services for purposes of monitoring its availability, performance, functionality, or for any other benchmarking;
(e) reverse engineer or access the Site in order to (i) build a competitive product or service, (ii) build a product using ideas, features, functions or graphics that are similar to those related to the Site, or (iii) copy any ideas, features, functions or graphics of the Site;
(f) send to or store on the Site any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(g) interfere with or disrupt the integrity, security or performance of the Site or the data contained therein, or Millie’s servers or networks, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing” or “DDoS” attacks;
(h) attempt to gain unauthorized access to the Site or its related systems or networks;
(i) take any action that imposes an unreasonably or disproportionately large load on Millie’s infrastructure;
(j) use the Site or the Services for any unlawful purpose;
(k) violate any local, provincial, state, federal or international rules, regulations, laws or ordinances;
(l) provide any information to Millie that is false or misleading, that attempts to conceal your identity or that you do not have the right to disclose; or
(m) solicit others to perform or participate in any of the foregoing activities.
Millie shall be entitled to adjust the scope of the Site, the Services and the underlying technical infrastructure to reflect the continuing development of the Site, the Services and technical advances. Millie reserves the right to terminate your use of the Site and the Services or any related website for violating these Terms.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and the Services (collectively, “Content”) are copyrights, trademarks, trade dress or other Intellectual Property Rights owned, controlled or licensed by the Company or its subsidiaries, affiliates, or service partners. “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
Further, Millie owns all right, title and interest, including all related Intellectual Property Rights, in and to the Millie technology and the Site, and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site or the Services, and any aggregated metrics, data and trends compiled by Millie.
The Millie name, the Millie logo, and the product and service names associated with the Site, the Services and Millie Content are trademarks of Millie or third parties, and no right or license is granted to use them hereunder. The Site (and work product provided as a result of the use of the Services) may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners.
No right, title or interest in any of the information, material, or other Content of the Site or the Services is granted to you under any circumstances, and the Company reserves and retains all intellectual property rights in and to the Site, the Services and their Content. Linking or framing to the Site or any of its Content is prohibited without the prior written permission of the Company.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on the Site or through our Services, but not directly by Millie, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
MILLIE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY CONTENT. MILLIE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVERS THAT MAKE THE SITE AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MILLIE, THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MILLIE AND ITS LICENSORS.
In the event you have a dispute with one or more users of the Site or the Services (including, but not limited to, any dispute regarding any transaction, or user generated content or) or any third party website or service that may be linked to or otherwise interact with the website, including, without limitation, the Fund (or the administrator of the Fund), a Charity, any social media site, you hereby agree to release and forever discharge Millie and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, attorneys and affiliates (collectively, the “released parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website and services, to the fullest extent permitted by law.
You further agree to indemnify, defend and hold harmless, to the fullest extent permitted by law, the released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the Site or the Services, your breach of these Terms, or otherwise relating to the business Millie conduct on the website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other third party), any content posted by you or on your behalf to the Site or the Services, any use of any service provided by a third party provider, or any use of a service offered by Millie that interacts with a third party website or application, including any social media site or other communications platform. You shall cooperate as fully as reasonably required in the defense of any claim. Millie reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without our written consent. This section survives termination of these Terms.
IN NO EVENT SHALL MILLIE’S AGGREGATE LIABILITY PURSUANT TO THESE TERMS EXCEED THE FEES ACTUALLY PAID BY YOU TO MILLIE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE UNDER THESE TERMS TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE OR THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
These Terms and any claim or controversy relating to or arising from the use of the Site or the Services, including, but not limited to, any transactions made or entered into at the Site or the Services, any information, content, products, services or promotions herein contained or provided from the Site or the Services, or any functionality, software or programming contained or provided at or from the Site or the Services (hereafter, “Claims”), shall be governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in County of Suffolk, Commonwealth of Massachusetts. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 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 with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the courts in and for the County of Suffolk, Commonwealth of Massachusetts or, where applicable, the federal District Court sitting in the County of Suffolk, Commonwealth of Massachusetts. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal court located in County of Suffolk, Commonwealth of Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE OR THE SERVICES IN ANY MANNER, YOU AGREE TO THE TERMS OF THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND MILLIE. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
It is our policy to respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify the Company’s designated Copyright Agent at the address below. Inquiries not compliant with the procedure outlined below may not receive a response. When a valid DMCA notification is received, Millie will respond by taking down the offending content. Millie will then take reasonable steps to contact the owner of the removed content so a counter-notification may be filed. Upon receipt of a valid counter-notification, Millie will generally restore the content in question, unless Millie receives notice from you, the notifying copyright owner, that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. The Company may provide copies of such notices to the participants in the dispute or to any other third parties, at our discretion and as required by law. The Company’s Privacy Policy does not protect information provided in these notices.
If you believe that your work was copied or posted on our Site in a way that constitutes copyright infringement, please contact our designated Copyright Agent:
Rachel Klausner Millie, PBC ℅ MSC 50 Milk Street Boston MA 02109 team@milliegiving.com
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is infringing.
Your notification must include the following information:
To be effective, a Counter Notification must be a written communication provided to the Company’s designated Copyright Agent that includes substantially the following:
A physical or electronic signature of the Alleged Infringer.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which the Company is located, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined above:
The Company shall promptly provide you with a copy of the counter notification, and inform you that the Company will replace the removed material or cease disabling access to it in 10 business days; and
The Company shall replace the removed material and cease disabling access to the material in no less than 10 and no more than 14 business days following receipt of the counter notice, unless the Company’s designated Copyright Agent first receives notice from you that you have filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on our Site.
The Company may, in appropriate circumstances, terminate an account holder or user of the Site or the Services if they are a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact the Company’s DMCA Copyright Agent and provide information sufficient for Millie to verify that the account holder or user is a repeat infringer.
These Terms are effective unless and until terminated by the Company. If, in the Company’s sole discretion, you fail to comply with any term or provision of these Terms, the Company may terminate your access to or use of the Site or the Services. In the event of termination or denial of access by the Company, you are no longer authorized to access the Site or the Services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms, shall continue in force and effect to the fullest extent allowed under applicable laws.
The Site may include links to other Internet sites maintained by third parties (“Linked Sites”). The Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by the Company of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Site. Linked Sites are not under the control of the Company and the Company is not responsible for the content of any Linked Sites.
MILLIE’S SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MILLIE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Millie and its licensors make no representation that the Site is appropriate or available for use in other locations. If you use the Site from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
These Terms may not be assigned by you without the prior written approval of Millie but may be assigned without your consent by Millie to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger, consolidation, stock sale or similar. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Millie directly or indirectly owning or controlling 50% or more of you shall entitle Millie to terminate these Terms for cause immediately upon written notice.
For quality assurance, the Company may record and/or monitor incoming calls to, and outgoing calls from, the Company. By accepting these Terms, you also consent to any and all call recording and monitoring performed by the Company or its agents, employees and/or affiliates.
Millie may give notice by means of an electronic mail to your e-mail address on record in Millie’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Millie’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Millie (such notice shall be deemed given when received by Millie) at any time by any of the following: letter to Millie delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Millie, in either case, addressed to:
℅ MSC 50 Milk Street Boston MA 02109
Millie reserves the right to modify the provisions of these Terms or its policies relating to the Site and/or the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Site and/or the Services after any such changes shall constitute your consent to such changes.
Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between the Company and you or any other person or entity. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to other or similar breaches. These Terms, including the other policies referenced herein, shall constitute the entire agreement and understanding between the Company and you with respect to use of the Site and the Services and supersedes any and all prior agreements and understandings between you with respect to the subject matter addressed herein. These Terms are binding on the Company and you and on each of your successors and assigns. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision will be deemed severed from these Terms and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms.
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to team@milliegiving.com.
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