TisBest Philanthropy’s policy about personal information is simple: strict confidentiality. TisBest Philanthropy (“TisBest”) collects the minimum amount of personal information that is necessary and maintains all personal information that it receives as confidential. TisBest does not sell or license personal information to anyone. TisBest sometimes sends card purchasers and recipients email about new developments at TisBest, but you can always unsubscribe from our email list. If a donor advisor (i.e., card recipient/spender) of a TisBest Charity Gift Card asks TisBest to send their name to a charity receiving a gift (this is entirely optional), then TisBest will, of course, share their name with the charity.
Terms and Conditions
1. A purchaser of a Charity Gift Card is making a donation to TisBest, a charitable organization exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 as amended (the “Code”). The mission statement of TisBest is: “Replace gifts of stuff with gifts of good.” A Charity Gift Card is not a typical “gift card” because a Charity Gift Card cannot be exchanged for goods or services. TisBest is a donor advised fund administrator, and when a Charity Gift Card is purchased, the donor (i.e., card purchaser) is creating a donor advised fund for which the recipient of the Charity Gift Card is the donor advisor. When a Charity Gift Card recipient “spends” a Charity Gift Card, they are advising TisBest to donate the funds associated with that Charity Gift Card to the charitable organizations they request. Eligible charitable organizations must be exempt from income taxation under Code Section 501(c)(3) and not classified as private foundations under Code Section 509(a) or as Type III supporting organizations under Code Section 509(a)(3) (“Eligible Charitable Organizations”). TisBest at all times retains the right to refuse to honor a fund advisor’s donation request and to change or direct the use of the assets in the discretion of the Board of Directors of TisBest. (The foregoing reservation of rights is required by applicable law.) TisBest distributes funds to requested Eligible Charitable Organizations quarterly, and when making the distributions, TisBest transfers 100% of the face value of the Charity Gift Card to the requested Eligible Charitable Organizations after such requests have been approved.
2. TisBest grants the purchaser of the Charity Gift Card a restricted license to use the TisBest Code shown on the Charity Gift Card as described in this paragraph. The purchaser of the Charity Gift Card may use the TisBest Code solely to make a one-time gift to another person, of the right to advise the direction a sum of money equal to the face value of the Charity Gift Card, from TisBest to one or more Eligible Charitable Organizations requested by the gift recipient. The TisBest Code may not be relicensed, nor may the initial license from the purchaser to gift recipient be modified, amended, canceled, or rescinded.
3. Generally the funds associated with a Charity Gift Card may be donated to Eligible Charitable Organization as verified by reference to the most recent IRS Publication 78 published by the Internal Revenue Service (IRS). However, TisBest reserves the right to add new charities to, or remove charities from, its list of Eligible Charitable Organizations at any time and without any notice to any person or entity. A Charity Gift Card holder may only advise the distribution of funds associated with a Charity Gift Card to Eligible Charitable Organizations shown on TisBest’s list of Eligible Charitable Organizations at the time the advisory privileges related to the Charity Gift Card are exercised (i.e., when the Charity Gift Card is “spent”).
4. The transaction between a TisBest Charity Card purchaser and TisBest is complete when TisBest charges the credit card of the purchaser and emails a receipt to the email address provided by the purchaser. After a Charity Gift Card has been purchased, it cannot be canceled, refunded or exchanged and an irrevocable donation to TisBest has been made by the purchaser who shall be for all purposes the “donor”.
5. The law prohibits the donor-advisor (i.e., the recipient of a Charity Gift Card) or anyone related to the donor-advisor from receiving more than incidental benefits from the Eligible Charitable Organization to which the donor-advisor’s Charity Gift Card money is donated. Therefore, by agreeing to these Terms and Conditions, the donor-advisor represents and warrants to TisBest that neither the donor-advisor nor anyone related to the donor-advisor by family or contract, will receive more than an incidental benefit as a result of funds donated through a Charity Gift Card.
6. TisBest’s policy is to transfer funds associated with a Charity Gift Card to the requested Eligible Charitable Organization in the calendar quarter following the calendar quarter in which the card is “spent.” For example, if a Charity Gift Card is “spent” in the first quarter of a year, TisBest aims to transfer the funds associated with that Charity Gift Card to the requested Eligible Charitable Organization in the second quarter of that year. TisBest reserves the right to transfer funds sooner or later than this policy in the discretion of its Board of Directors.
7. TisBest uses diligent business efforts to fulfill 100% of the donation requests made by people spending Charity Gift Cards. There are times, however, when TisBest cannot honor the requested donation – for example, if a charity has ceased to operate, TisBest is unable to identify a viable mailing address, or an organization ceases to be an Eligible Charitable Organization. In those instances, TisBest puts the funds to an alternate use consistent with its charitable mission and purpose and reserves the right at any time, and from time to time, to make a determination as to when donations can and should be use in alternative ways.
8. Charity Gift Cards do not expire.
9. The Eligible Charitable Organizations shown on TisBest’s list do not pay compensation to TisBest. Some Eligible Charitable Organizations may choose to grant TisBest a limited license to use their names and marks in connection with TisBest’s operations and mission. The names and marks shown on TisBest’s website and other materials are the property of their respective owners and TisBest has no right to grant use to third parties. Such names and marks may be subject to tradename and trademark protection. TisBest claims no ownership or other rights in such names or marks other than to the extent that a license agreement is in place with the owner thereof, in which case TisBest at all times intends to operate and act within the bounds of such agreement.
10. Charities may be invited to provide TisBest permission to use their respective names and marks through the TisBest charity interface page. In the instance that a charity provides TisBest with permission to use its names and marks, TisBest agrees to use such name or mark only next to the name of the identified charity in the list of Eligible Charitable Organizations shown on TisBest’s website, as example organizations to which Charity Gift Cards can be directed, and in the email sent to the card recipient after a request is made to donate funds to such Eligible Charitable Organization. TisBest agrees not to show or use the name or mark provided in any other manner whatsoever. The license for TisBest to use the name or mark as outlined in these Terms and Conditions may be revoked at any time by the charity that provided the mark and consent to use its name, either upon written notice to TisBest or by deleting such name or mark from the TisBest charity interface page. When a license is so revoked, TisBest will cease using such name and mark within two (2) business days after the notice of revocation. TisBest will continue to list the charitable organization as an Eligible Charitable Organization so long as such organization meets the criteria outlined above.
11. TisBest is a nonprofit corporation organized in the State of Washington that operates exclusively in Washington state. Anyone purchasing or spending a TisBest Charity Gift Card or engaging in other transaction(s) with TisBest agrees that Washington law is applicable to such transaction(s) and that exclusive jurisdiction and venue for any lawsuit or other action against TisBest lies in King County, Washington.
12. Purchasers of a Charity Gift Card, represent and warrant to TisBest that any images, logos, text, or other data (collectively, “Uploaded Material”) that they provide to this website are being provided and with all applicable laws, ordinances, regulations, and agreements that may apply. Without limitation, Purchasers represent and warrant that all Uploaded Material, and that their use in connection with TisBest’s website and other materials, will not violate any copyright, trademark, right of privacy, right of publicity, or other intellectual property, or any agreement to which they are bound, and that such Uploaded Material is not threatening, abusive, libelous, defamatory, obscene, pornographic or offensive to any protected class. Purchasers further agree to indemnify and defend TisBest, its directors, officers, agents, and assigns, in the event of an alleged or actual violation of the foregoing.
13. If you believe that your work has been copied on this website in a way that constitutes copyright infringement, please provide our copyright agent the written information required under 17 U.S.C. 512(c)(3).
Our copyright agent for notice of claims of copyright infringement on this website is: Simeon Cathey, Managing Director, TisBest Philanthropy, 317 S. Bennett St., Suite 201, Seattle, WA 98108.
14. TISBEST DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND CHARITY GIFT CARDS, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
15. All rights are reserved in connection with the TisBest brand, the Charity Gift Cards, and this website. “TisBest”, “A Better Gift. A Better World.”, “Charity Gift Card”, and TisBest’s logo, are trademarks and/or registered trademarks exclusively licensed to TisBest. The design of TisBest Gift Cards is proprietary trade dress exclusively licensed to TisBest in which all rights are reserved. This website (www.tisbest.org) and its contents are copyrighted creative works in which all rights are reserved.
16. TisBest reserves the right, with or without notice, to change these Terms and Conditions at any time.