Terms of Service

Welcome! Please carefully read the following Terms and Conditions of Use ("Terms") before using this website ("Site"). Your use of the Site is subject to the following Terms.

These Terms are a binding contract between you, GiftedPath LLC and its affiliates. By accessing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by these Terms, which incorporate by reference our Privacy Statement. We reserve the right to amend the Terms at any time, for any reason, and with or without prior notice. You should review the most current version of these Terms by visiting the Site and clicking on the Terms of Use hyperlink at the bottom of the page. We will post the date that the Terms have been updated so you will know when it has been changed. Your continued access or use of this Site shall be deemed your acceptance of these Terms and any changes and the reasonableness of these standards for notice of changes. These Terms are in addition to any other agreements between you and GiftedPath.

Your use of this Site may be monitored by GiftedPath and used for GiftedPath’s internal business purposes, without liability.

How GiftedPath Works

GiftedPath processes gift donations in the following manner. Gift givers donate to a beneficiary’s 529 account. Dwolla facilitates the transfer of gift contributions from gift givers to 529 plan providers who hold the gift for the beneficiary.

ACH Payments Provider

In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at [email protected]

Dwolla has no responsibility or liability for the services being provided by the 529 account provider and facilitated through the services and is responsible only for facilitating the transfer of funds as directed by GiftedPath from gift givers to the 529 plan provider. After funds arrive in that designated account, GiftedPath and the 529 account provider are fully responsible for ensuring your gift is received by the beneficiary account.

Use of Site

The Site is intended only for your personal, non-commercial use, unless you and GiftedPath have agreed otherwise in writing.

Intellectual Property Rights

You acknowledge that the Site contains content including registered trademarks, service names and logos that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the content of the Site is and shall remain the property of GiftedPath or their respective owners. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the content of the Site. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content of the Site, in whole or in part. However, you may print copies of the Site, provided that these copies are made only for your personal, non-commercial use, unless you and GiftedPath have agreed otherwise in writing and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices.

You may not frame any element of the Site with any other website or access the Site through any device or service designed to provide high-speed, automated and/or repeated access to the Site, unless such device or service is provided or approved in writing by GiftedPath.

No Solicitation

Nothing on the Site should be construed as a solicitation, offer or recommendation to acquire or dispose of any 529 Plan investment option or municipal security, or to engage in any transaction, or to provide any tax, legal or investment advice.

Limitations on Investment Guidance and Professional Advice

The Site is not intended to provide legal, tax, investment or insurance advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by GiftedPath or any third-party. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

Trademarks, Copyright Policy, Notice, and Claim Information

All trademarks and service marks on the Site belong to GiftedPath or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

All materials on the Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by GiftedPath and its third-party information providers, and are protected by United States and international intellectual property laws.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, GiftedPath designates an agent as described below to receive notifications of claimed copyright infringement by email to [email protected].

Third-Party Content

Data and other materials appearing on the Site that are provided by third-parties are believed by GiftedPath to be obtained from reliable sources, but GiftedPath cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. GiftedPath is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third-party that is linked to the Site via hyperlink. The fact that GiftedPath has provided a link to a third-party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by GiftedPath with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

Each product and service referred to on the Site is intended to be made available only to U.S. residents. The Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

Timeliness of Content

All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Disclaimer of Warranties

GIFTEDPATH DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION ACCESSIBLE VIA THE SITE, OR ABOUT THE PERFORMANCE OR AVAILABILITY OF THE SITE, OR ANY DATABASES ACCESSIBLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ALL SUCH INFORMATION, THE SITE AND ACCESSIBLE DATABASES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE."

GIFTEDPATH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, THE SITE, AND ACCESSIBLE DATABASES, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, GIFTEDPATH DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION ACCESSIBLE VIA THE SITE AND THE SITE.

Liability and Indemnity

UNDER NO CIRCUMSTANCES WILL GIFTEDPATH, OR ITS AFFILIATES, ANY 529 PLAN OR ANY STATE OR GOVERNMENTAL AGENCY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OR SERVICES ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ACCESSIBLE VIA THE SITE AND THE SITE.

GIFTEDPATH NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, OR ANY OF THEIR AFFILIATES, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, INCOME, GOODWILL, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, DAMAGES CAUSED BY THEFT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER), OR ANY OTHER MATTER RELATING TO THE SITE. THIS IS TRUE EVEN IF GIFTEDPATH, ANY STATE, OR STATE GOVERNMENTAL AGENCY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF GIFTEDPATH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, VENDORS, OR ANY OF THEIR AFFILIATES, OR ANY STATE, STATE GOVERNMENTAL AGENCY OR THEIR OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS, IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION.

You agree to indemnify, defend, and hold harmless GiftedPath, its affiliates, and each of its and their officers, directors, employees, and agents and the States and State governmental agencies, from and against all claims, demands, liabilities, damages, losses, or expenses including attorney's fees and costs, arising from or related to your improper access to or use of the Site, or any violation by you of these Terms.

Changes to GiftedPath Site

Unless otherwise agreed, GiftedPath may discontinue or modify the Site at any time without prior notice to you, and you accept those modifications if you continue to use the Site.

Termination

GiftedPath reserves the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site for any reason without prior notice or liability. The Disclaimer of Warranties, Liability and Indemnity, and Termination provisions shall survive any such restriction, suspension, or termination.

Governing Law

The laws of the state of California, United States of America, without regard to principles of conflict of laws, govern these Terms and any dispute that might arise between you and GiftedPath. You agree that any legal action or proceeding related to this website will be brought exclusively in a federal or state court of competent jurisdiction in the state of California.

Severability

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Contact Us

Please contact us at [email protected] if you have any questions. One of our representatives will get back to you shortly.

These Terms were last modified in October 2018