Legal Disclosure
Claude Preval Foundation developed and maintains www.prevalfoundation.org to provide our network of donors, service providers, volunteers and constituents with information about our work and our mission. Access to and use of Preval Foundation's website, linking to the Preval Foundation's website as well as downloading Preval Foundation materials and content is subject to terms and conditions set forth in this Terms of Use agreement. Your use of Preval Foundation's website constitutes your agreement to these terms and conditions. Please note that Preval Foundation reserves the right to alter or amend this Terms of Use at any time for any reason and without notice.
Legal Disclosure
Information concerning Preval Foundation, Inc., including financial, licensing or charitable purposes(s) may be obtained, without cost, by writing to Preval Foundation, Inc. at info@prevalfoundation.org.
Mobile Donations in the United States Legal Disclosure from the Mobile Giving Foundation, Preval Foundation's text-to-donate vendor
Effective March 1, 2015:
By electing to give a donation in response to a Preval Foundation campaign, you agree to be bound by the following terms and conditions. If you do not agree to be bound or cannot comply with any of the terms and conditions, do not continue the donation.
Terms of your gift: Thank you for contributing to a Preval Foundation campaign. Your donation is to the Claude Preval Foundation (CPF), a 501c(3) public charity, which re-grants your donation to the charity(ies) you designated through your text message donation. Your donation will appear as Preval Foundation on your wireless statement. Per our agreement with all organizations, and in accordance with the Internal Revenue Service, the CPF has the exclusive legal control over all donation amounts. If an organization fails to comply with the CPF Standards for Participation, the CPF reserves the right to disseminate donation amounts to a complementary organization.
Please consult your tax or financial advisor for specific questions about your gift. All CPF approved organizations qualify for 501c(3) status and donations should be tax deductible. Your donation is immediate and irrevocable. Accordingly, the CPF cannot refund or cancel your donation. Please check with your wireless operator for operator specific refund policies.
Payment to Designated Organization: The CPF collects donations paid by you from your wireless operator. In some instances, your donation will be deducted from your pre-paid balance with your wireless operator. The wireless operators remit 100% of your donation to the CPF. Within 30 days of the CPF's receipt of collected donations from the wireless operator, the CPD grants 100% of the donation to the designated organization. (There may be some designated organizations that have permitted the CPF to grant 5-10% of each donation to the CPF to cover administrative costs associated with the MGF's mission.)
Donation Types: $5 Donations A donation of $5.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $5.00 donation, standard text messaging and/or data rates may apply. All donations must be authorized by the account holder. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator.
$10 Donations A donation of $10.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $10.00 donation, standard text messaging and/or data rates may apply. All donations must be authorized by the account holder. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator.
$20 Donations (trial) A donation of $20.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $20.00 donation, standard text messaging and/or data rates may apply. All donations must be authorized by the account holder. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator.
$25 Donations (trial) A donation of $25.00 will be added to your mobile phone bill or deducted from your prepaid balance. In addition to your $25.00 donation, standard text messaging and/or data rates may apply. All donations must be authorized by the account holder. Please contact your wireless operator for additional information. All charges are billed by and payable to your wireless operator.
Recurring Donations The Mobile Giving Foundation does not provide for recurring text donations at this time.
For support please email info@prevalfoundation.org
Service, Warranties and Liability: This service is available through the following wireless operators: AT&T, Nextel, Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, Cellular South and Verizon Wireless.
The CPF is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided "as is" with no warranties by the CPF or its agents, licensors, business partners, charities and/or suppliers (collectively the "CPF Parties"). The CPF Parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. You understand and agree that you use the services and/or donate through the CPF at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data.
When making a donation through the CPF service, a variety of personal information will be collected and shared with the organization to which you have designated your donation. The CPF and designated organization may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CPF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.
You agree to indemnify and hold harmless the CPF and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
CPF'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.
(USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL THE CPF OR THE CPF PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
PRIVACY:For additional information regarding the use of information collected in connection with the service, please refer to the privacy policy at Privacy. General: Promotions and Advertising. The CPF and/or its business partners may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither the CPF nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.
These terms shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Suffolk County, New York or the United States Federal District for the District of New York to resolve any disputes arising under this Agreement.
These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of the CPF to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.
If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.
The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation.
Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to the CPF addressed as follows:
Email: info@prevalfoundation.org Attn: General Counsel
The CPF may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.
Last Updated December 2019