The Site provides an interactive online service operated by GotCause (collectively, the "website" located at www.GotCause.org). GotCause, a service provided by GotCause, Inc., a Delaware corporation, consists of information services, content and transaction capabilities facilitated through GotCause and its affiliates and strategic partners.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of GotCause, and GotCause shall not be responsible for any data lost while transmitting information on the Internet. While it is GotCause's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of GotCause, access to the Site may be interrupted, suspended or terminated from time to time.
GotCause shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, GotCause may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You represent that you are of legal age to form a binding contract.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. GotCause shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. End User Conduct.
5. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of GotCause or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF GOTCAUSE IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. GotCause owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of GotCause or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site otherwise owned or operated in conjunction with GotCause shall not be deemed to be in the public domain but rather the exclusive property of GotCause, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of GotCause unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. GotCause does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted GotCause the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants GotCause the right to edit, copy, publish and distribute any material made available on this Site. The foregoing provisions of Section 5 apply equally to and are for the benefit of GotCause, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
GotCause reserves the right to terminate its agreement with any End User who infringes third-party copyright rights upon prompt notification to GotCause by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide GotCause with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Send the information to .
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER'S SOLE RISK. NONE OF GOTCAUSE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOTCAUSE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL GOTCAUSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL GOTCAUSE'S LIABILITY IN CONNECTION WITH ANY CLAIM AGAINST GOTCAUSE EXCEED THE AMOUNTS PAID TO GOTCAUSE IN CONNECTION WITH CLAIMANT'S USE OF THIS SITE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER.
GotCause shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by GotCause, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, GotCause shall have the right, but not the obligation, to remove any material that GotCause, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant.
By posting communications or any content on or through this Site, End User shall be deemed to have granted to GotCause a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless GotCause, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site.
End User is solely responsible for interactions with other users of the Site. To the extent permitted under applicable laws, End User hereby releases GotCause from any and all claims or liability related to any product or service End User acquires in connection with the use of this Site.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
GotCause may terminate this Agreement at any time. Without limiting the foregoing, GotCause shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which GotCause, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement."
GotCause is a trademark of GotCause, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on GotCause are the property of their respective owners.
15. Third-Party Content.
GotCause, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, GotCause has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of GotCause.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with GotCause. GotCause neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on GotCause by anyone other than authorized GotCause employee spokespersons while acting in official capacities. Under no circumstances will GotCause be liable for any loss or damage caused by an end user's reliance on information obtained through GotCause. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through GotCause. GotCause contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by GotCause of the contents on such third-party sites, and GotCause hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk.
16. Terms and Conditions for Vouchers.
In addition to GotCause's general terms, unless prohibited by applicable law the following restrictions also apply to GotCause vouchers:
All Vouchers shall be subject to the terms and conditions of GotCause and the participating merchant. The merchant is the seller of the goods or services which you are purchasing. As the holder and issuer of the specific voucher, the merchant shall be fully responsible for honoring & redeeming the voucher as well as any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the merchant, as well as for any unclaimed property liability arising from unredeemed vouchers or portions thereof. End User agrees to waive and release GotCause Inc., and its officers, directors, employees and agents from any claims, liabilities, damages, or injuries arising from or relating to any act or omission of the merchant in connection with a voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the vouchers or any portion thereof.
All Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally. If End User redeems the voucher for less than its face value, End User will not be entitled to receive any credit or cash for the difference between the face value and the amount redeemed from the merchant (unless otherwise required by applicable law). Although some merchants may issue credit or cash back for any unused portion of the voucher, this varies with each merchant and is not the responsibility of GotCause, Inc.
However, even if the promotional offer stated on the voucher has expired, according to applicable law, the merchant may be responsible for allowing End User to redeem the voucher for the cash value based on the money End User actually paid for the voucher (i.e. if you paid $20 for a voucher which gives you $30 of value from the merchant, the cash value that you paid is $20, not $30), for a period of time that extends beyond the expiration date on the voucher.
All vouchers are non-refundable. However, if End User has gone to the merchant and the merchant has refused to redeem the purchase price of the expired voucher, and if applicable law entitles End User to such redemption, GotCause, Inc. may refund or credit the purchase price of the voucher per its Terms as long as the voucher has not been redeemed by anyone (including, but not limited to, fraudulently). Neither GotCause, Inc. nor the named merchant shall be responsible for vouchers that are lost or damaged. Voucher is for promotional purposes. End Users of vouchers are subject to all of GotCause's Terms outlined in this document.
17. Contributions and Our Fees
The End User is solely responsible for ensuring that they have selected the correct organization or cause to fundraise for or contribute to. All contributions to causes are made as unrestricted gifts and may not be specified for any particular purpose. The amount of contributions to the cause designated by the End User are charged on their credit card or through a third party card processor(s) and paid to, and processed by, GotCause or its affiliates on such cause's behalf. Any payments of contributions are final and non-refundable. The contributions will be held in a bank account until such time as GotCause forwards the contributions to the cause or payee of funds. GotCause forwards contributions to the causes at intervals as determined by GotCause and the causes. The End User's contributions to the cause designated by them will be net of fees as described in this section. This fee structure is subject to change from time to time at the sole discretion of GotCause. End Users agree not to use an invalid or unauthorized credit card in making transactions on the GotCause site. Once a contribution is made, the transaction is final and not subject to dispute. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules for further action.
- Contributions made to a cause when the End User purchases a voucher issued by a merchant or business. In this case, the specified contribution amount as indicated on the offer is remitted by GotCause to the cause on behalf of the merchant. No additional net fees are collected by GotCause from the cause contribution amount in this case, unless additional fees are charged during the transfer transaction by the transferring financial institutions. In which case, these fees will be deducted from the net contribution by GotCause to cover these fees.
- Direct contribution made to a cause when the End User chooses to give direct contribution (donation) to a cause. In this case, GotCause will remit funds to the designated cause less a service fee of 6.5% of the total amount of payment by the End User.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against GotCause arising out of, relating to, or connected in any way with this Agreement, this Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held in San Francisco, California, or at such other location as may be mutually agreed upon by End User and GotCause; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or GotCause's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GotCause will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor GotCause shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
20. GotCause Contact.
GotCause is located at 930 Detroit Avenue, Suite F, Concord, California 94518. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.