Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and DonateLand, LLC ("DonateLand," "we," "our," or "us") governing your access to and use of the DonateLand website located at donateland.org (the "Website") and all related services, features, content, and applications (collectively, the "Services").

By accessing, browsing, or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must meet the following requirements to use our Services:

• Age Requirement: You must be at least 18 years of age to use our Services. Property donation requires legal capacity to transfer real property.
• Legal Capacity: You must have the legal capacity to enter into binding contracts under applicable law.
• Compliance: You must not be prohibited from using our Services under any applicable laws or regulations.
• Property Ownership: For property donors, you must have legal authority to donate or encumber the property in question.
• Nonprofit Status: For nonprofit partners, you must be an IRS-qualified 501(c)(3) organization in good standing.

By using our Services, you represent and warrant that you meet all of these eligibility requirements.

3. Description of Services

DonateLand facilitates charitable land and real property donations by connecting property owners with qualified 501(c)(3) charitable organizations. Our Services include, but are not limited to:

3.1 For Property Donors

• Initial property evaluation and feasibility assessment
• Educational resources about charitable property donation and potential tax benefits
• Matching services connecting donors with appropriate nonprofit organizations
• Coordination of due diligence processes including appraisals, title searches, and environmental assessments
• Facilitation of property transfer transactions
• Ongoing consultation and support throughout the donation process

3.2 For Nonprofit Organizations

• Partnership programs for receiving property donations
• Access to potential property donors
• Property evaluation and screening services
• Transaction coordination and support
• Resources and guidance for accepting property donations

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.

4. Critical Legal and Tax Disclaimers

5. Property Evaluation and Valuation

5.1 Initial Evaluations

Any initial property evaluations or estimates provided by DonateLand are PRELIMINARY ONLY and are based on limited information. These evaluations:

• Are not appraisals and do not meet IRS appraisal requirements
• Are estimates only and may differ significantly from actual fair market value
• Should not be relied upon for tax purposes or financial decisions
• May be based on automated valuation models, public records, or other data that may not be accurate or current
• Do not account for property-specific factors that may affect value

5.2 Qualified Appraisals

For property donations valued over $5,000, the IRS requires a qualified appraisal prepared by a qualified appraiser as defined in IRS regulations. DonateLand:

• May coordinate qualified appraisals through independent, licensed appraisers
• Does not guarantee the IRS will accept any appraisal value
• Is not responsible for appraisal accuracy or IRS acceptance
• Does not employ appraisers or guarantee appraiser qualifications

5.3 No Guarantee of Value

DonateLand makes no representations or warranties regarding property value, marketability, or suitability for donation. Property values can fluctuate based on market conditions, environmental issues, title defects, and other factors.

6. No Guarantee of Acceptance

6.1 Property Evaluation

Not all properties are suitable for charitable donation. Nonprofit organizations have specific criteria for accepting property donations. DonateLand reserves the right to decline to facilitate donation of any property for any reason, including but not limited to:

• Environmental contamination or liability concerns
• Title defects, liens, or encumbrances
• Insufficient value or marketability
• Location or property type incompatible with nonprofit missions
• Legal or regulatory restrictions
• Ongoing litigation or disputes affecting the property
• Properties that do not meet nonprofit acceptance criteria

6.2 No Obligation

Neither DonateLand nor any nonprofit organization has any obligation to accept any property for donation. Submission of property information does not constitute an offer or acceptance of donation.

6.3 Independent Decision

Each nonprofit organization makes its own independent decision about whether to accept a property donation. DonateLand does not control nonprofit acceptance decisions and is not liable for any nonprofit's decision to accept or reject a property.

7. User Responsibilities and Obligations

7.1 Accurate Information

You agree to provide accurate, complete, and current information about yourself and any property you wish to donate. You represent and warrant that:

• All information you provide is truthful and accurate
• You have legal authority to donate or encumber any property you submit for evaluation
• You will disclose all known defects, issues, or problems affecting the property
• You will update information promptly if circumstances change
• You own the property free and clear, or will disclose all liens, mortgages, and encumbrances

7.2 Disclosure Obligations

You must disclose to DonateLand and any participating nonprofit organization:

• All known environmental contamination or hazards
• All liens, mortgages, judgments, or other encumbrances
• Any ongoing or threatened litigation affecting the property
• Any code violations or unpermitted improvements
• Any disputes with neighbors or adverse possession claims
• Any material defects or problems affecting the property
• Any restrictions, easements, or other limitations on the property

7.3 Prohibited Uses

You agree NOT to:

• Use our Services for any illegal purpose or in violation of any laws
• Provide false, misleading, or fraudulent information
• Attempt to donate property you do not own or have authority over
• Use our Services to commit fraud, tax evasion, or any illegal activity
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems or user accounts
• Use automated systems (bots, scrapers, etc.) to access our Services
• Collect or harvest information about other users
• Impersonate any person or entity or misrepresent your affiliation
• Transmit viruses, malware, or other harmful code
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of DonateLand or others

7.4 Professional Advice

You acknowledge and agree that you are solely responsible for obtaining appropriate professional advice before making any property donation, including legal, tax, and financial advice. DonateLand is not responsible for your failure to seek or follow professional advice.

8. Fees and Payment

8.1 No Direct Fees to Donors

DonateLand does not charge property donors any direct fees for our basic services of property evaluation and matching with nonprofit organizations. However, you are responsible for:

• Appraisal fees (if required)
• Legal fees for your attorney
• Tax preparation fees
• Title search or title insurance costs (if applicable)
• Environmental assessment costs (if required)
• Survey costs (if required)
• Recording fees and transfer taxes
• Any other third-party costs associated with the donation

8.2 Nonprofit Organization Fees

Nonprofit organizations may pay DonateLand fees for our services. These fee arrangements do not affect the services provided to you and do not create any conflicts of interest. We maintain our commitment to connecting donors with appropriate nonprofit organizations regardless of fee arrangements.

8.3 Third-Party Costs

You are responsible for all costs charged by third parties in connection with your property donation, including appraisers, attorneys, title companies, environmental consultants, and other professionals.

9. Intellectual Property Rights

9.1 DonateLand Property

The Website and Services, including all content, features, functionality, software, code, text, graphics, logos, images, videos, and other materials (collectively, "DonateLand Content"), are owned by DonateLand, LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and DonateLand Content for your personal, non-commercial use. This license does not include:

• Any right to reproduce, distribute, modify, or create derivative works
• Any right to reverse engineer, decompile, or disassemble our software
• Any right to use our trademarks, logos, or branding without written permission
• Any right to use our Services for commercial purposes
• Any right to frame or mirror our Website

9.3 User Content

When you submit content to our Services (including property information, photographs, documents, or communications), you grant DonateLand a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing our Services.

9.4 Trademarks

"DonateLand" and our logo are trademarks of DonateLand, LLC. You may not use our trademarks without our prior written permission. All other trademarks mentioned on our Website are the property of their respective owners.

9.5 Copyright Complaints

If you believe any content on our Website infringes your copyright, please contact us at legal@donateland.org with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material
• Your contact information
• A statement of good faith belief that use is unauthorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

10. Third-Party Services and Links

10.1 Third-Party Websites

Our Website may contain links to third-party websites, including nonprofit organizations, service providers, government agencies, and informational resources. These links are provided for your convenience only. We do not:

• Control, endorse, or take responsibility for third-party websites
• Warrant the accuracy or completeness of information on third-party websites
• Assume liability for any third-party content, products, or services

Your use of third-party websites is at your own risk and subject to their terms and conditions.

10.2 Third-Party Service Providers

We may refer you to third-party service providers, including appraisers, attorneys, title companies, and environmental consultants. These referrals are not endorsements. You are responsible for:

• Evaluating the qualifications and credentials of any service provider
• Negotiating fees and terms directly with service providers
• Assessing the quality and accuracy of services provided

DonateLand is not liable for the acts, omissions, or performance of any third-party service provider.

10.3 Nonprofit Organizations

Nonprofit organizations participating in our platform are independent entities. DonateLand does not:

• Control nonprofit decision-making or operations
• Guarantee nonprofit financial stability or management
• Warrant that nonprofits will use donated properties for any particular purpose
• Assume responsibility for nonprofit compliance with tax laws or regulations

You should independently verify any nonprofit organization's qualifications, 501(c)(3) status, and suitability before donating property.

11. Disclaimers and Limitations of Liability

11.1 "AS IS" and "AS AVAILABLE" Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DonateLand makes no warranty that:

• Our Services will meet your requirements or expectations
• Our Services will be uninterrupted, timely, secure, or error-free
• The information provided through our Services is accurate, reliable, or complete
• Any defects or errors will be corrected
• Our Services or servers are free of viruses or harmful components

11.2 No Warranty of Results

DonateLand does not warrant or guarantee:

• That your property will be accepted for donation
• Any specific tax benefits or tax deductions
• Any particular property value or appraisal result
• That a donation transaction will close successfully
• Any specific timeline for property evaluation or donation
• That you will find our Services useful or beneficial

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DONATELAND, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use our Services
• Any information, content, or materials obtained through our Services
• Any property donation transaction or the failure of any such transaction
• Any tax consequences or lack thereof related to property donation
• Any errors, omissions, or inaccuracies in our content or services
• Any conduct or content of third parties on or related to our Services
• Any unauthorized access to or use of our servers or your information

11.4 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID TO DONATELAND, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.

11.5 Basis of the Bargain

You acknowledge that DonateLand has set its prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between you and DonateLand.

11.6 State-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above exclusions and limitations may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless DonateLand, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of the rights of any third party
• Any information or content you submit or transmit through our Services
• Your property donation or any related transaction
• Any claims related to property you donate, including environmental liability, title defects, or misrepresentation
• Your failure to obtain appropriate legal, tax, or financial advice
• Any negligent or intentional acts or omissions by you

This indemnification obligation will survive termination of these Terms and your use of our Services.

13. Privacy and Data Security

Your use of our Services is also governed by our Privacy Policy, available at /privacy. Our Privacy Policy is incorporated into these Terms by reference. By using our Services, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

While we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that:

• Internet transmission is not completely secure
• Unauthorized access, hardware or software failure, and other factors may compromise data security
• You provide information at your own risk

14. Modifications to Terms

We reserve the right to modify these Terms at any time, in our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our Website with a new "Last Updated" date
• Sending an email to users who have provided email addresses (for material changes)
• Displaying a prominent notice on our Website

Your continued use of our Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Services.

It is your responsibility to review these Terms periodically. We will not be liable for any failure on your part to review updated Terms.

15. Termination

15.1 Termination by You

You may stop using our Services at any time. If you wish to terminate your account (if applicable) or have your information deleted, please contact us at support@donateland.org.

15.2 Termination by DonateLand

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, for any reason including:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false or misleading information
• Conduct that harms or may harm DonateLand, other users, or third parties
• For any other reason in our sole discretion

15.3 Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• We may delete your account and information (subject to legal retention requirements)
• Provisions of these Terms that by their nature should survive will survive, including disclaimers, limitations of liability, indemnification, and dispute resolution provisions

16. Dispute Resolution and Arbitration

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or our Services shall be governed by and construed in accordance with the laws of the United States and the State of [Specify State], without regard to its conflict of law principles.

17.2 Venue

For any disputes not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in [Specify County and State]. You waive any objection to venue in these courts and any claim that such courts are an inconvenient forum.

17.3 Federal Arbitration Act

This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and not by state arbitration law.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DonateLand regarding our Services and supersede all prior agreements and understandings, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity not party to these Terms shall have any rights under or as a result of these Terms.

18.6 Force Majeure

DonateLand shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

18.7 Notices

Any notices or other communications required or permitted under these Terms shall be in writing and given:

• By DonateLand via email to the address you provided
• By you via email to legal@donateland.org or by mail to the address listed in Section 19

Notices shall be deemed given when sent (for email) or when received (for mail).

18.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.9 Statute of Limitations

You agree that any claim or cause of action arising out of or related to these Terms or our Services must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred, notwithstanding any statute of limitations or other law to the contrary.

18.10 Language

These Terms are provided in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

19. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:

20. Special Provisions for Nonprofit Organizations

If you are a nonprofit organization using our Services, the following additional terms apply:

20.1 501(c)(3) Status

You represent and warrant that:

• You are a qualified 501(c)(3) organization under the Internal Revenue Code
• Your 501(c)(3) status is current and in good standing
• You will immediately notify us if your 501(c)(3) status changes or is revoked
• You have the legal authority to accept property donations
• You comply with all applicable laws regarding property acceptance and use

20.2 Property Acceptance Standards

You agree to:

• Conduct appropriate due diligence before accepting property donations
• Comply with IRS regulations regarding property donations
• Provide appropriate documentation to donors as required by law
• Use donated properties in accordance with your charitable mission and applicable laws
• Indemnify DonateLand for any claims arising from your acceptance or use of donated property

20.3 Fees and Compensation

You acknowledge that you may be required to pay fees to DonateLand for our services as specified in a separate partnership agreement. Fee arrangements will be disclosed to property donors as appropriate.

Last Updated: January 29, 2025
Version: 2.0
Effective Date: January 29, 2025

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.