Terms & Conditions

 

 

Terms and Conditions

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

Welcome to the Priceless Causes Donation Platform. This Priceless Causes Donation Platform web site (the “Site”) is a program (“Program”) offered by  Mastercard International Incorporated (“Mastercard”) bringing consumers a way to easily connect with specific charities and give back to the community.  The Site provides you with the channel to donate to selected charities and causes identified on this Site (“Priceless Causes”). Please read these terms of use carefully before registering on the Site or using the Site, and keep them for your records.  By accessing this Site, you agree to these terms and conditions and any additional terms and conditions that may be published by Mastercard on the Site, as may be amended from time to time (collectively, referred to as the “Terms of Use”). The Terms of Use set forth the terms applicable to your use of the Site. BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF USE.  IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH A LAWYER BEFORE USING THIS SITE.

If you do not agree to the Terms of Use, do not access the site or use the Site.

In these Terms of Use, the words “you” and “your” mean the person who has accessed the Site, as defined below, and/or has registered for participation in the Program. The words “we,” “us” and “our” mean Mastercard.

The Site

The Site provides Mastercard cardholders the opportunity to donate to specified charities using their Mastercard debit or credit card account (excluding Maestro and Fuel Cards).

By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate, current and complete information to Mastercard, including, but not limited to, information required to register for the Program; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the Site without obtaining the express, prior written consent of Mastercard.  You agree that you are at least 18 years of age and you have a valid Mastercard credit or debit card account (excluding Maestro and Fuel Cards).  This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to, or enjoyment by, other users or in any manner that could damage, disable, overburden, or impair Mastercard’s or its service providers’ servers or networks; and (vii) you will not use the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful  or otherwise prohibited by the Terms of Use; (viii) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (ix) you will not collect or store personal data about other users; (x) you will not use the Site for any commercial purpose not expressly approved by Mastercard in writing; (xi) you will not upload, post, email, or otherwise transmit any advertising or promotional materials, including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication; and (xii) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.  Your access to the Site may be terminated immediately in Mastercard’s sole discretion, with or without notice, if you fail to comply with any provisions of this Terms of Use and/or additional terms, or for any other reason, or no reason.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.  You agree that you do not have any rights in this Site and Mastercard will have no liability to you if this Site is discontinued or your ability to access the Site is terminated.

You are entirely responsible for maintaining the security and confidentiality of your account, user name and password, and you are responsible for all activities and conduct by you or anyone else that are conducted through your account.  You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security. Mastercard or its service providers or agents will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by Mastercard or another party due to someone else using your account or password.

Right to Use Site Content

We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Mastercard Site for your own personal use.  You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works or other non-personal use any Content on the Mastercard Site.  No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Mastercard Site in any way that could or is intended to damage or impair the Mastercard Site, or any server or network underlying the Mastercard Site, or interfere with anyone else’s use and enjoyment of the Site.  You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by Mastercard.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the Mastercard Site and Terms of Use

Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including, without limitation, these Terms of Use, or discontinue the Program at any time without notice to you. Mastercard may at any time revise these Terms of Use by updating this posting, or by providing further information during the registration or by messaging you. You are responsible for regularly reviewing the Terms of Use.  Any changes or revisions are effective immediately upon posting.  Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes.

Termination

Mastercard may terminate your registration or restrict your access to the Site for any reason at any time.

Donations and Purchases

Overview

The Program allows Mastercard cardholders participating in the Program to make a donation using a [debit or credit] Mastercard card account (excluding Maestro and Fuel Cards) to a specified charitable organization using the Site in one (1) or more of the following ways:

1.  Micro (reoccurring) donations; or

2. “One off” donations to selected charities named on the Site; or

3. “One off” donations to a charitable organization in connection with a particular disaster or emergency fund named on the Site.

Donation Types

Micro donations
You may register on the Site to designate for accumulation micro donations for a specified charitable organization whenever you make a transaction using your registered debit or credit Mastercard account (excluding Maestro and Fuel Cards).  When you register to make micro donations, we will record an intention to donate a pre-defined amount for each card account transaction made using your registered Mastercard debit or credit card account to the charitable organization(s) you have selected on the Site. You will be able to choose the amount of the micro donation which is recorded for each transaction when you register on the Site, with a minimum micro donation of $1.00 USD per transaction.  This means that each time you perform a transaction with your registered card account, an amount corresponding to the micro donation amount you have selected will be recorded by Mastercard.  Once a month, Mastercard will calculate the total amount of micro donations recorded against your designated card account and the Program will enable a transaction to be processed where the charitable organization you have selected will be the merchant of record using your card account for the relevant amount of the accumulated micro donations in respect of such charitable organization (up to any applicable maximum donation set for that donation type, if any), and

You may also select to make a one off donation to a specified charitable organization using the Site.

Additionally, Mastercard may from time to time notify you of opportunities to make a one-off donation in response to particular disasters or emergencies. Any such one-off donation will be in addition to any micro donations which are currently in effect on your card.

Authority

By selecting to make a donation through the Site, you authorize a charge to be processed with the designated charitable organization as the merchant of record for the amount of your designated donation using your registered Mastercard card account.

Cancellations and changes of donations

You may change or cancel a previously pledged donation made on the Site which has not yet been processed by Mastercard by logging into the Site and amending the details for that donation. One off donations in the event of a disaster are processed immediately and, as such cannot be changed or cancelled once made. Changes and cancellations to micro donations and one off donations pledged during a month can be made at any time during that month as long as the donation has not been processed. To the maximum extent permitted by law, you agree that, once a transaction has been processed to your Mastercard card account in respect of a donation, that donation cannot be changed or reversed by Mastercard, except to the extent Mastercard is required to change or reverse the relevant transaction by applicable law. If you have any concerns regarding donations which have already been processed, please contact your issuing bank.

Rejected donations

At any time, Mastercard may at, its sole discretion, decide to remove a charitable organization from the Priceless Cause initiative. In such case, we will cease processing any donations in relation to that organization and will make commercially reasonable efforts to notify you via email of this removal.

At any time, if Mastercard suspects fraud or any other potentially illegal activity in relation to a donation or charitable organization, Mastercard may, at its sole discretion, cease to process donations relating to that activity. In such case, we will cease processing any donations in relation to that activity and will make commercially reasonable efforts to notify you via email of this.

MASTERCARD IS OFFERING THE SITE AS A SERVICE AND NOT AS A FUNDRAISER

Mastercard does not act as a professional fundraiser on behalf of any charity. All donations made by, on or through the Site are made directly to the charitable organization you select on the Site and the charity you select is the merchant of record for the transaction.  Mastercard is providing the Site solely as a service to technologically enable the donation to be made by you directly to the applicable charitable organization.

Intellectual Property Rights

The Site Content is protected by applicable intellectual property laws and all Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the  Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively, “Content”).  Except to the extent permitted by law, these materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you.  Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard trademark, intellectual property right or copyrighted material without Mastercard's prior written permission.  The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of Mastercard and its third party alliance partners. Nothing contained on the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mastercard or such third party that may own the Trademark.

Any unauthorized commercial use of these materials will violate Mastercard’s intellectual property rights and will be subject to Mastercard’s full legal rights and remedies.

Communications

You acknowledge and agree that Mastercard will send you information and communications in connection with your participation in the Program. Such communications may be sent to your registered email address or to any other contact details you have provided to Mastercard in connection with the Program.

Copyright Complaints

In operating the Site, Mastercard may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Mastercard does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Mastercard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mastercard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use. If you believe any material available through the Site infringes a copyright, you should notify Mastercard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department or to copyrightagent@mastercard.com.

Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4.A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature

Mastercard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. 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;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Submissions or Feedback

From time to time, we may ask you for your feedback on the Site and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise and Mastercard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to Mastercard in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite this request not to do so, then such Submission shall immediately become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services.

You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the Submission, despite any statement or legend to the contrary on the User Submission and any related materials.

Each time you submit any Submission, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Submission you submit, and that, as to that Submission: (a) you are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the User Submission and grant Mastercard the rights to it that you are granting by this Terms of Use, all without any Mastercard obligation to obtain consent of any third party and without creating any obligation or liability of Mastercard; (b) the User Submission is accurate; (c) the Submission does not and, as to Mastercard’s permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third party; and (d) the Submission will not violate this Terms of Use, or cause injury or harm to any person.

Third Party Content and Links to Other Web Sites

The Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Mastercard. Moreover, Mastercard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by Mastercard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content.

Privacy Notice

Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the site. Click to view our privacy policy related to your use of this Site: Donation Platform Privacy Notice

Indemnification

You agree to indemnify, defend and hold Mastercard and its business partners and their respective officers, directors, employees and affiliates harmless from and against any and all liabilities, losses, claims, costs, damages and investigations, judgments, fines, penalties, settlements, interest and expenses, including, without limitation, reasonable attorneys’ fees and expenses, related to or arising from: (i) your breach or alleged breach of these Terms of Use;  (ii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or you activities in connection with the Site; (iii) your use, and misuse of the  Site and your activities in connection with the Site; (iv) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions; (v) any misrepresentation made by you; and (vi) Mastercard’s use of the information that you submit to us (including your Submissions).  YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MASTERCARD’S DEFENSE OF ANY CLAIM.  MASTERCARD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MASTERCARD.

Disclaimer of Warranties

While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, completeness, accuracy, timeliness, or adequacy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.  Reference to any product, charity organization or process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mastercard.

The Internet may be subject to breaches of security. Mastercard is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Mastercard any information or posting information to the Site.  Mastercard makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site.  The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE SITE, AND ALL CONTENT CONTAINED THEREIN, AND SERVICES PROVIDED BY, ON OR THROUGH THE SITE, ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR GENERAL USE OR FOR A PARTICULAR PURPOSE. NO INFORMATION OR SERVICE OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE. THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MASTERCARD'S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

Disclaimer of Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WHATSOEVER, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR USD 10 (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS MASTERCARD'S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

Without limiting the foregoing, we are not responsible for any card account fees or penalties that you incur on your Mastercard card account as a result of your use of the Site or participation in the Program.

Mastercard does not represent, warrant or guarantee that any or all donations made via the Platform will be deductible or tax-free for income or other tax purposes, or that your chosen charitable organization has or will continue to have charitable or non-profit status, or complies with legal requirements applicable to charitable organizations in any jurisdiction.

Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of the Site, Mastercard or the financial institution that issued your Mastercard card. You acknowledge and agree that it is your sole responsibility to determine the taxation consequences, if any, of making a donation, and if you require a tax receipt or tax certificate in connection with a donation made through the Site it is your sole responsibility to request this from the relevant charitable organization to which you are donating. Mastercard will not provide you with a separate tax receipt as part of the donation process.

Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement

Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, prepaid or payment cards of any type of nature. Your Mastercard-branded payment card relationship is with an issuing bank or financial institution. Any and all questions or issues regarding your Mastercard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

Site Operator

This Site is operated by Mastercard.

Dispute Resolution

Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and Mastercard agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.  This Section can only be amended by mutual agreement.

A.            First – Try to Resolve Disputes and Excluded Disputes.  If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your Submissions, these Terms of Use, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Mastercard’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (D) below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us.  But if no such contact information exists or if such information is not current, then we have no obligation under this Section (A).  Your notice to us must be sent to: Mastercard, 2000 Purchase Street, Purchase, NY 10577. (Attn: Legal Department).  For a period of sixty (60) days from the date of receipt of notice from the other party, Mastercard and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Mastercard to resolve the Dispute or Excluded Dispute on terms with respect to which you and Mastercard, in each of our sole discretion, are not comfortable.

B.            Binding Arbitration.  If we cannot resolve a Dispute as set forth in Section (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND MASTERCARD MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.  THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, APPLICATION, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE.  The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Mastercard and you regarding these Terms of Use and the Site, including the “No Class Action Matters” Section below.  BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Mastercard and you agree, however, that New York or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Mastercard regarding these Terms of Use and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to New York’s choice of law principles.

A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes.  The arbitration will be administered by the AAA.  If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.  You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Mastercard to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Mastercard will have the right to elect to pay the fees and costs and proceed to arbitration.  The arbitrator will apply and be bound by these Terms of Use, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.  Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide.  This arbitration provision shall survive termination of these Terms of Use or the Site.  You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

C.            Limited Time to File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.  Commencing means, as applicable (a) by delivery of written notice as set forth above in Section (A); (b) filing for arbitration with the AAA as set forth in Section (B); or (c) filing an action in state or Federal court.  The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.

D.            Injunctive Relief.  The foregoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your Submissions and/or Mastercard’s intellectual property rights (including such Mastercard may claim that may be in dispute), Mastercard’s operations, and/or Mastercard’s products or services.

E.            No Class Action Matters.  YOU AND MASTERCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION.  Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G).  Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator.  The arbitrator does not have the power to vary these class action waiver provisions.

F.            Small Claims Matters Are Excluded From Arbitration Requirement.  Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.

G.           Federal and State Courts in Westchester County, New York.  Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Westchester County, New York.  Accordingly, you and Mastercard consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Miscellaneous

These Terms of Use including any non-contractual obligations or liabilities arising out of or in connection with them, shall be construed, interpreted and performed exclusively according to the laws of New York without giving effect to any principles of conflicts of law.   The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MASTERCARD (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF MASTERCARD.

Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries.  In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries.  You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Mastercard reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use and any additional terms, (iii) investigate any information obtained by Mastercard in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms of Use, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to Mastercard under these Terms of Use.  Upon suspension or termination of your access to the Site, or upon notice from Mastercard, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Site.  The provisions of these Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mastercard in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.

These Terms of Use may not be assigned by you. Mastercard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Mastercard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. Mastercard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mastercard.