A. Use of the Website:
The Website is intended only for your personal, non-commercial use and display. You may download information from the Website to your computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright, trademark or other notices contained therein.
B. Agreement Regarding Transactions:
a) the greater of (1) $15 per transaction or (2) 1.9% of the total liquidated value of the stocks donated after every transaction, after liquidation and prior to transfer of the funds to the organization.
b) all 3rd party brokerage fees associated with the sale of the securities or transfer of the securities to the Stock Donator account, and
c) depending on the method of delivery of donated stocks, all 3rd party fees charged to Stock Donator or associated with transferring the funds to the receiving organization or transferring the stocks to the receiving organization (as applicable), including but not limited to wire transfer fees. Currently wire transfer fees are $35 per transfer and will be waived for donations of $30,000 or more.
If an Organization has standing orders to deliver stock to a separate or third party account instead of transferring the proceeds, the organization hereby agrees that in consideration for using the Stock Donator services, it hereby grants Stock Donator the authority to liquidate any stocks it receives by a donor in order to pay the above mentioned fees. Such authority is granted over any stocks donated and not just the stocks for the particular transaction processed.
The Organization agrees that Stock Donator the authority to immediately offset any fees from any donated amounts received prior to distributing the donated amounts to the Organization. All fees will be due and payable immediately upon the initiating of the transaction. Fees may only be modified if agreed to in writing and signed by an officer or director of Stock Donator. You also authorize Stock Donator to send funds either by mail or by wire transfer to the address or account you provided to Stock Donator as applicable, based on your preference for so long as that preference remains unchanged. You agree is your responsibility to keep all addresses and/ or bank account information updated at all times and Stock Donator will assume no liability for delivering funds to an address or account that was provided to us by you.
C. Organization Accounts:
D. Donor Accounts:
By using Stock Donator services, You agree that Stock Donator may provide certain transaction information about your transactions to others and for reporting and advertising purposes.
You also agree that Stock Donator may provide information about you to 3rd parties in order to accomplish the purpose of the Stock Donator services and in order to complete any transaction.
E. Ownership of Intellectual Property:
F. Limitation of Liability / Indemnity:
STOCK DONATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, VIOLATIONS OF PRIVACY, AND THE LIKE) ARISING OUT OF, OR RESULTING FROM THE WORK PERFORMED BY A USER OF THE STOCK DONATOR SERVICES. STOCK DONATOR SHALL NOT BE LIABLE FOR ANY DAMAGES BEYOND THE VALUE OF THE SECURITIES TRANSFERRED USING THE STOCK DONATOR SYSTEM.
TO THE FULLEST EXTENT PERMITTED BY LAW, A USER OF THE STOCK DONATOR SERVICES AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CUSTOMER, STOCK DONATOR, ANY ENTITIES WHICH DIRECTLY OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES CONTROL, ARE CONTROLLED BY, OR ARE UNDER COMMON CONTROL WITH THE CUSTOMER OR STOCK DONATOR, AND THE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES OF CUSTOMER, THE STOCK DONATOR AND SUCH ENTITIES, ALONG WITH ANY OTHER ENTITY FOR WHOM INDEMNIFICATION BY THE STOCK DONATOR IS REQUIRED UNDER THE MAIN AGREEMENT (THE “INDEMNITEES”), AGAINST ANY AND ALL LIABILITY AND CLAIMS, WHETHER BROUGHT BY IT OR A BY A THIRD PARTY, FOR ANY REASON, EVEN IF SUCH CLAIM OR LIABILITY IS CAUSED IN PART BY THE NEGLIGENCE OF ANY INDEMNITEE, IT BEING THE EXPRESS INTENT OF THE PARTIES THAT THE A USER OF THE STOCK DONATOR SERVICES INDEMNIFY THE INDEMNITEES NOTWITHSTANDING SUCH NEGLIGENCE, BUT NO SUCH OBLIGATION EXTENDS TO ANY INDEMNITEE FOR LIABILITIES, CLAIMS AND EXPENSES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNITEE. A USER OF THE STOCK DONATOR SERVICES ALSO AGREES TO INDEMNIFY INDEMNITEES AND HOLD THEM HARMLESS FROM ALL EXPENSES, INCLUDING ATTORNEYS’ FEES, CAUSED BY OR RELATED TO ANY BREACH BY A USER OF THE STOCK DONATOR SERVICES OF THE COVENANTS CONTAINED IN THIS AGREEMENT.
A USER OF THE STOCK DONATOR SERVICES’S OBLIGATION TO INDEMNIFY AGAINST ANY ATTORNEYS’ FEES OR OTHER COSTS OR EXPENSES INCURRED IN CONNECTION WITH THE DEFENSE OF ANY CLAIMS OR CAUSES OF ACTION SHALL BE CONSTRUED AS A SEPARATE ITEM OF INDEMNIFICATION THAT SHALL BE AN ABSOLUTE OBLIGATION OF SUCH USER OF THE STOCK DONATOR SERVICES EVEN IF SUCH CLAIMS OR CAUSES OF ACTION ARE INVALID OR GROUNDLESS, OR ARISE FROM THE SOLE OR PARTIAL NEGLIGENCE OF ANY INDEMNITEE.
G. Privacy / Notices:
a) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND STOCKDONATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND STOCKDONATOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and eBay’s right to appeal the court’s decision. All other claims will be arbitrated.
b) Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). Stockdonator will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Stockdonator are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or eBay may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event Stockdonator initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account.
Both parties agree that any arbitration hearing shall be held in Los Angeles County. If the value of the relief sought is $10,000 or less, you or Stockdonator may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Stockdonator subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
The arbitrator will decide the substance of all claims in accordance with California law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
c) Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Stockdonator for all fees associated with the arbitration under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
e) Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Stockdonator prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Stockdonator. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on this website at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
f) Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eBay must be resolved exclusively by a state or federal court located in Los Angeles, California. You and Stockdonator agree to submit to the personal jurisdiction of the courts located within Los Angeles County, CA for the purpose of litigating all such claims or disputes.
The Stock Donator Privacy Statement describes how we collect and protect your personal information in the course of providing you with financial services.
We are very committed to protecting the privacy of your personal information. Stock Donator wants you to know that:
- We do not sell, rent or license your personal information to anyone.
- We maintain physical, electronic and procedural safeguards that restrict unauthorized access to your personal information.
- We train our employees about privacy and limit access to this information.
- We don’t collect any information about you or your use of our website other than information that you provide us with respect to a transaction.
We obtain this information from the following sources:
a) Information you provide online, on written applications or forms, and other information you may provide.
b) Information entered online that may be stored even if you do not complete or submit an application.
c) Information from third parties in order to verify your identity or to prevent fraud.
d) Information from third parties that you authorize to provide information to us; and
e) Information about your transactions, account experience, account balance, trading activity and payment history.
Stock Donator does not sell, rent or license your personal information to anyone. This applies to both current and former customers.
We use your personal information to provide services you may have requested, to respond to communications from you, and to help you open new or additional accounts. We disclose your personal information, as permitted by law, to non-affiliated third parties that help us provide financial services to you. This includes third parties who provide statements of your accounts, transaction confirmations and check printing; or provide custody, depository or recordkeeping services. All non-affiliated third parties that accept or receive personal information from us are obligated contractually or by law or regulation to keep this information confidential and to use the information only to provide the services we ask them to perform.
We disclose personal information to government and regulatory agencies and to comply with a lawful summons, court order, subpoena, fraud investigation, audit or regulatory examination.
You can manage the placement of cookies on your computer through the features found in most Internet browsers. You can also delete cookies that have already been placed on your computer. Consult the “Help” function of your browser to explore your options.
If you feel you have become the victim of online identity theft, you should take the following steps:
If you feel your Stock Donator account has been compromised in any way, immediately contact us.
Contact the fraud department at each major credit bureau and tell them you are an identity theft victim:
Equifax – call (800) 525-6285 or visit www.equifax.com/home
Experian – call (888) 397-3742 or visit www.experian.com
TransUnion – call (800) 680-7289 or visit www.transunion.com
Contact the creditors/companies for any accounts that have been tampered with or opened fraudulently. Speak with someone in the security or fraud area of each creditor/company; follow up with a letter.
File a report with your local police or the police in the community where the online fraud took place. Get a copy of the police report in case you need proof of the crime.
Keep records of everything involved in your efforts to clear up the fraud, including copies of written correspondence and records of telephone calls.
File a complaint with the Federal Trade Commission (FTC).
This policy describes how Stock Donator delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Stock Donator account (“Account”) and your use of our services. Communications include:
- agreements and policies you agree to, including updates to these agreements or policies;
- transaction receipts or confirmations;
- Account statements and history;
- federal and state tax statements we are required to make available to you; and
- any other Account, Stock Donator account, or transaction information.
We will provide these Communications to you by posting them on the Stock Donator website and/or by emailing them to you at the primary email address listed in your Stock Donator profile
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- a valid email address (your primary email address on file with Stock Donator); and
- sufficient storage space to save past Communications or an installed printer to print them.
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Stock Donator. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
You may withdraw your consent to receive Communications electronically by writing to us at the address provided in the terms of services. If you fail to provide or if you withdraw your consent to receive Communications electronically, Stock Donator reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account, or charge you additional fees for paper copies.
After you consent to receive Communications electronically, you may withdraw your consent to receive IRS Form 1099-K electronically by contacting us as described above. You will continue to receive all your other Communications electronically, but we will send your Form 1099-Ks to you by U.S. mail.
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your address in your Stock Donator profile. If you request paper copies, you understand and agree that Stock Donator may charge you a Records Request Fee for each Communication. The Records Request Fee will not be charged if you request a Form 1099-K in paper form; for all other Communications, the Records Request Fee will be $0.29 per page plus all postage.
It is your responsibility to keep your primary email address up to date so that Stock Donator can communicate with you electronically. You understand and agree that if Stock Donator sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Stock Donator will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Stock Donator to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the Stock Donator website, going to “My Account”, and selecting the “Profile” tab. If your email address becomes invalid such that electronic Communications sent to you by Stock Donator are returned, Stock Donator may deem your Account to be inactive, and you will not be able to transact any activity using your Stock Donator Account until we receive a valid, working primary email address for you.
Last Revision Date: 6/5/2018