Terms and Conditions
THESE TERMS AND CONDITIONS ("TERMS") GOVERN YOUR USE OF THE SCHWAB CHARITABLE FUND WEB SITE AND ALL OF ITS INFORMATION, DATA, SOFTWARE, SEARCH ENGINE, AND OTHER MATERIAL AND TECHNOLOGY (COLLECTIVELY, THE "SITE"), AND ARE LEGALLY BINDING ON YOU.
SCHWAB CHARITABLE AND SCHWAB CHARITABLE FUND ARE HEREAFTER REFERRED TO COLLECTIVELY AS "SCHWAB CHARITABLE".¹ IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW WITHOUT MODIFICATION.
Your use of the Donor Center portion of the Site is governed by additional terms and conditions. You may review these additional terms and conditions by logging into the Donor Center and clicking on the "Web Agreements" link at the lower left of every page.
As a condition of your use of the Site, you warrant to Schwab Charitable that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
Except as may be otherwise authorized in Schwab Charitable Fund Donor Center Web Site User Agreement, Schwab Charitable and its licensors grant you the limited right to display the information, documents, products, software and services contained or made available on or through this Site, including but not limited to any information, graphics, images, text, software, sound or other materials and content (the "Content") solely on your personal computer for your personal, non-commercial use, and to copy and download any such Content that is permitted by Schwab Charitable to be downloaded from this Site, provided that: (1) all copyright and other proprietary notices remain unaltered and intact, and (2) such displayed, copied or downloaded Content is used solely for your personal, non-commercial, informational use and is not (a) modified, edited, enhanced, altered or changed, or (b) copied, reproduced, republished, posted, retransmitted, broadcast or otherwise distributed by you in any manner whatsoever.
GuideStar Search Engine, Reporting System and Database.
The Content available on the Site includes a database of certain charities, as compiled by Philanthropic Research, Inc. (also known as GuideStar) ("GuideStar"), as well as GuideStar's search engine and reporting system (the GuideStar database, search engine and reporting system are collectively referred to as the "GuideStar Services"). You agree to the following terms with respect to the GuideStar Services:
- You shall not copy, reproduce, republish, upload, download, or otherwise obtain in any way the software source materials for the GuideStar Services. Such software source materials are the sole property of GuideStar or its licensors, who retain all right, title and interest in such materials, including without limitation all copyright, trademark, patent, trade secret and all other intellectual property rights.
- Neither Schwab Charitable nor GuideStar endorses, supports, sanctions, or verifies the information or material that is provided on or linked to the reports in the GuideStar database. Unless otherwise specifically indicated, neither Schwab Charitable nor GuideStar has any affiliation with any of the organizations mentioned or described therein, and neither makes any representations or warranties with regard to such organizations. Schwab Charitable and GuideStar are providing such information and links to you only as a convenience, and the inclusion of any information or link does not imply endorsement by Schwab Charitable or GuideStar of such charity or any association with such charity's operations.
- The GuideStar Services and all materials appearing on www.guidestar.org are the property of GuideStar, unless otherwise indicated, and are protected by United States or foreign laws or applicable treaties. Any reproduction, display or distribution, except for personal, informational use, is a violation of GuideStar's copyright and is expressly prohibited.
- The information contained in the GuideStar database is provided for educational and informational purposes only. It is not intended to provide legal, accounting, investment or tax advice and should not be relied on in that respect. We suggest that you hire a competent attorney at law, accountant and/or financial advisor to answer any financial or legal questions.
- Neither Schwab Charitable nor GuideStar warrants or guarantees the accuracy, quality, completeness, currency, or validity of any information contained in, or linked from, the GuideStar database. Although all such information has been obtained from sources believed to be accurate and reliable, the information included in or available through the GuideStar database may include errors, omissions or inaccuracies. The descriptive information in the GuideStar database was derived from Internal Revenue Service ("IRS") Forms 990 and Forms 990EZ filed by the nonprofit organizations or their voluntary responses to GuideStar questionnaires. The financial data was obtained from the IRS Business Master File, the IRS Forms 990 and Forms 990EZ, and information provided to GuideStar by organizations that are not required to file returns with the IRS. The classified ads, press releases, and newsletters are also provided by the applicable organizations. GuideStar has informed Schwab Charitable that it has not edited or controlled the financial information it receives, although it may note obvious mathematical errors that have been discovered. All information provided in the GuideStar database or obtained through the GuideStar Services is to be used at your own risk.
You may not "deep-link", "scrape", "frame" or "mirror" any Content contained on, or accessible from, this Site or the GuideStar Services on any other server, Internet-based, or wireless electronic device, in whole or in part, without the advance written authorization of a duly authorized representative of Schwab Charitable or GuideStar, as applicable.
All Content and other material contained on this Site, including the GuideStar Services, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Schwab Charitable does not grant to you any express or implied right(s) to use such Content or material.
Except as otherwise specified, all Content and other material on the Site is "Copyright 2020 Schwab Charitable Fund. All rights reserved." Removing or altering the copyright notice on any Content and other material on this Site is prohibited. Schwab Charitable also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's Content.
All trademarks, service marks, and trade names displayed on this Site are either proprietary to Schwab Charitable or licensed for use by Schwab Charitable, except as explicitly noted otherwise. The marks SCHWAB CHARITABLE FUND™, SCHWAB CHARITABLE FUND Plus Design™, YOUR PARTNER IN TAX-SMART PHILANTHROPY™, and SCHWAB CHARITABLE are trademarks owned by Charles Schwab & Co., Inc. and are used with the permission of Charles Schwab & Co., Inc. The mark GUIDESTAR® is a trademark of Philanthropic Research, Inc. The names of other companies and products mentioned on the Site may be the trademarks of their respective owners.
Third-Party Offers and Promotions.
The Site may contain information about offers and promotions from third parties. Unless otherwise expressly stated, Schwab Charitable shall have no liability, obligation or responsibility with respect to your direct dealings with any such third party. Moreover, unless otherwise stated, the provision of such third-party offers or promotions does not indicate that Schwab Charitable endorses, sponsors, or is in any way affiliated with the services or goods of such third parties.
Links to Third-Party Sites.
Schwab Charitable is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether such hyperlink is provided by Schwab Charitable or by a third party. Schwab Charitable makes no representation or warranty with respect to the accuracy, timeliness, non-infringement, or suitability of the content of any site to which Schwab Charitable's Site may link, including information on the linked site regarding Schwab Charitable's Site, and Schwab Charitable takes no responsibility therefore. By providing access to other web sites, Schwab Charitable is not recommending the purchase or sale of the stock issued by any company, nor is it endorsing or sponsoring services or goods provided by any third party.
Schwab Charitable respects your privacy when browsing our Site. When you browse the public, non-password protected areas of the Site, we do not collect personally identifiable information, except when specifically and knowingly provided by you. For example, if you are interested in receiving information about Schwab Charitable, we will ask you to provide us with your name, mailing or e-mail address so that we can send the requested information to you.
Any personal information we receive from you via the public areas of the Site (e.g., your name, mailing or e-mail address) will be used by Schwab Charitable solely for the purpose of providing you with the information or materials you have requested. Schwab Charitable takes reasonable steps to ensure that the information it obtains from you remains confidential and is stored in a secured manner. Schwab Charitable does not sell, rent, loan, share, provide or otherwise make available any such personally identifiable information to any third party with the exception of sending mailing address information to Charles Schwab & Co. for fulfilling certain requests for mailed information. Schwab Charitable is committed to protecting the confidentiality of your personal information and its employees are responsible for adhering to appropriate confidentiality standards designed to protect the privacy of your information.
If you want to correct, update or confirm your personal information retained by Schwab Charitable through your use of the public areas of the Site, please contact us by phone at 800-746-6216.
Assumption of Risk.
Your Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. While Schwab Charitable endeavors to protect the personal information you may provide to it, please be advised that the confidentiality of any communication or material transmitted to or from this Site over the Internet cannot be guaranteed. Accordingly, Schwab Charitable is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Moreover, Schwab Charitable will not be liable for any loss resulting from interruptions or omissions in Internet, communications, data processing, network or hosting services. You assume the sole and complete risk of using the Site.
You agree to indemnify and hold harmless Schwab Charitable and any of its licensors, including GuideStar, and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys fees and court costs) arising out of any third-party claims based on or related to your use of the Site or the GuideStar Services, or any breach by you of these Terms.
Disclaimer of Warranties.
THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SCHWAB CHARITABLE AND GUIDESTAR DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE AND THE GUIDESTAR SERVICES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT. USE OF THIS SITE AND THE GUIDESTAR SERVICES IS AT YOUR OWN RISK. SCHWAB CHARITABLE AND GUIDESTAR DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE AND THE GUIDESTAR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU, SCHWAB CHARITABLE AND GUIDESTAR, YOU ASSUME THE RISK OF DAMAGE AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND RELATED SYSTEMS ARISING FROM YOUR USE OF THE SITE AND THE GUIDESTAR SERVICES.
THE CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT AND INFORMATION IS NOT INTENDED TO BE RELIED UPON BY YOU IN LIEU OF TAX OR LEGAL ADVICE. CONSULT WITH A TAX ADVISOR OR ATTORNEY FOR INFORMATION RELATED TO YOUR SPECIFIC SITUATION.
Limitation of Liability and Sole Remedy.
SCHWAB CHARITABLE, ITS LICENSORS (INCLUDING GUIDESTAR) AND AGENTS ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE.
Compliance with Applicable Law.
Schwab Charitable controls and operates this Site from its headquarters in the United States of America for use by citizens and residents of the United States of America. Schwab Charitable makes no representation that the Site is appropriate or available for use in other locations or that Schwab Charitable complies with the local law of other locations. If you use this Site from outside the United States of America, you are solely responsible for compliance with all applicable laws, including but not limited to the export and import regulations of the U.S. and/or other countries in relation to the Content.
Schwab Charitable may terminate your access to all or any part of the Site, GuideStar Services and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including, but not limited to, your breach of any of these Terms.
Modification to Terms.
Schwab Charitable reserves the right to change these Terms or its policies relating to the Site at any time and shall notify you by posting an updated version of these Terms on this Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.
These Terms will be governed and interpreted pursuant to the laws of the State of California, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site only in the federal and state courts located in San Francisco, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Schwab Charitable as a result of this agreement or use of the Site. The failure of Schwab Charitable to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Schwab Charitable in writing. The Terms comprise the entire agreement between you and Schwab Charitable with respect to the Site; provided, however, that you will also be subject to any additional terms and conditions of which you are notified and to which you manifest your consent by continued use of the Site. You may also be subject to additional terms and conditions contained in any other agreements between you and Schwab Charitable including (but not limited to) Schwab Charitable Donor Center Web Site User Agreement.