Indemnification

Donor Responsibility Clause

By donating through the GIVR platform, donors acknowledge that they are solely responsible for vetting and selecting the charities they choose to support. GIVR does not endorse, guarantee, or take responsibility for the legitimacy or activities of beneficiary charities. Donors agree to indemnify and hold GIVR harmless from any claims arising from their donations or the actions of recipient charities.

Illicit Use of Funds Clause

GIVR shall not be held liable for any misuse, misappropriation, or illicit use of funds by beneficiary charities. The responsibility for properly using donated funds lies solely with the recipient charity. Donors and beneficiary charities agree to indemnify GIVR against any claims, damages, or liabilities arising from the improper use of funds.

Due Diligence Disclaimer

While GIVR conducts basic due diligence on participating charities, we do not guarantee the accuracy of information provided by charities or the proper use of funds. Donors are encouraged to conduct their own research before making donations. GIVR is indemnified against any misrepresentation by charities or misuse of funds.

Limited Liability Clause

GIVR's liability is strictly limited to properly processing and transferring donations to designated charities. We are not responsible for the actions, inactions, or negligence of beneficiary charities. All parties agree to indemnify GIVR from any claims beyond this limited scope of responsibility.

Compliance Responsibility

GIVR's beneficiary charities are solely responsible for complying with all applicable laws, regulations, and reporting requirements related to received donations. GIVR is indemnified against any non-compliance issues or legal violations by recipient charities.

Fraud Protection

In the event of fraudulent activity by a beneficiary charity, GIVR reserves the right to suspend or terminate the charity's account and withhold funds. Donors agree that GIVR is not liable for any losses resulting from such actions and will indemnify the organization against related claims.

Scope of Indemnification

This policy covers all directors, officers, employees, and volunteers (referred to as "Indemnified Persons") of GIVR (the "Organization") for actions taken in good faith and in the best interest of the Organization.

Obligation to Indemnify

The Organization shall indemnify any Indemnified Person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, because they are or were an Indemnified Person of the Organization.

Obligation to Defend

The Organization shall provide for the defense of any Indemnified Person in any suit, action, or proceeding to which they are made a party because of being or having been an Indemnified Person of the Organization. The Organization reserves the right to assume control of the defense in any such action.

Limitations and Exclusions

Indemnification shall not be provided for any action determined by a court to be outside the scope of the Indemnified Person's authority, not in good faith, or in conflict with the best interests of the Organization. The Organization's obligation to indemnify shall be limited to an acceptable amount per occurrence and amount in the aggregate per calendar year.

Covered Events

Indemnification shall apply to the following events including, but not limited to:

a) Breach of contract claims

b) Negligence claims

c) Bodily injury or property damage claims

d) Regulatory compliance issues

Recoverable Damages

The Organization shall indemnify against all expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit, or proceeding.

Duration and Amendments

The rights to indemnification provided herein shall continue as to a person who has ceased to be an Indemnified Person and shall inure to the benefit of their heirs, executors, and administrators. Any amendment to this policy shall not diminish the rights of Indemnified Persons for events occurring before such amendment.

Compliance with State Laws

This policy shall be construed to be consistent with the laws of the Country and State governing nonprofit organizations. In the event of any conflict, state law shall prevail.

Financial Considerations

The Organization shall maintain Directors' and Officers' Liability Insurance with coverage limits considered appropriate to support its indemnification obligations.

Process for Claiming Indemnification

To claim indemnification, an Indemnified Person must submit a written request to the GIVR Board of Directors. The Board shall review the request and make a determination within 30 days. If approved, the Organization shall promptly advance or reimburse all covered expenses.

This policy is effective from the date of direct or indirect participation by any party in the GIVR project.