These Service Terms are a legal agreement (the "Agreement") between you and Causio, Inc. ("Causio"). We use the term "Services" in this Agreement to refer to our websites and any Fundraiser or Campaign we conduct for you or anyone else. If you use our Services you are agreeing to all of this Agreement's terms and conditions.
This Agreement incorporates by this reference all policies and content that appear on our website at www.causio.com.
To be a Causio™ Services User (a person or organization who wants to donate or raise monies) you must have an account with Causio. To have an account you must register with us. When you register you agree to give us complete, accurate and truthful information. You also agree to update your registration information to keep it current and accurate. When you create your account you must set up a login ID and password. If you learn that anyone has used your ID and password without your authority you agree to notify us immediately. You must be at least 16 years old to open an account with us. If you are under the age of 18 you must have a parent or legal guardian agree on your behalf to be bound by this Agreement.
We don't vouch for Users who use the Services to raise monies. We can't and don't represent that a User is a legal organization or take any position on its legitimacy, policies, practices or beliefs. We have no control over, or liability for, the premiums or services a User may offer in a fundraising program (a "Fundraiser") using the Services or a program (a "Campaign") a User may use to promote a Fundraiser.
Users who use the Services for Fundraisers may be individuals or charitable organizations. Some charitable organizations are tax-exempt under IRS rules and regulations and some are not. Users are responsible for classifying themselves correctly, as tax-exempt or not, so you can know if any donations or contributions are tax deductible. We specifically disclaim any responsibility or liability with respect to the tax deductible nature of any contributions using the Service.
Our fees don't include any taxes or duties due to any taxing agency. Causio is responsible only for federal and state income taxes on our operations and state sales taxes in the United States if due on our operations.
You agree that we can electronically send you all notices and documents (the "Communications") that relate to your account and the Services. We will send you Communications by email to the latest address in your account registration or by sending you a link so you can access the Communications on our website. Notices will be effective 48 hours after we send Communications to you electronically. Your registration may allow you to use an electronic signature and if you use an electronic signature, you agree your electronic signature has the same effect as your written, physical signature.
As a User of the Services you agree to abide by our Fundraiser and Campaign Rules, as they apply to you. If you are a Donor to a Fundraiser you understand and agree to the rules of your credit card issuer and credit card network (MasterCard, Visa, American Express, Discover, etc.). If you are a person or organization running a Fundraiser using our Services you agree to abide by all National Automated Clearing House Association rules (the "ACH Rules"). You agree not to set up, or attempt to set up, subscriptions or recurring payments from Donors using our Services.
You agree that Causio may use any User Information you post, copy the User Information and distribute your User Information in any way Causio wants. To this end you grant Causio, Inc. a non-exclusive, royalty-free, fully paid-up, world-wide, perpetual license to copy, use, create derivative works from, and distribute your User Information. You further agree that Causio may identify you, in any media format, as the author and provider of your User Information.
You agree, at all times, to abide by the then-current rules governing the Services as available on each Fundraiser page under Official Rules.
By creating an account with Causio as a User you agree not to use the Services for any activity that is illegal in any state of the United States or under applicable federal or foreign laws. You also agree that you will not use the Services for any of the activities prohibited below.
For the fees you pay us you get a license to use our Services and the Causio websites. You don't get any ownership rights in our Services or the websites. We own all patent, copyright, trademark and trade secret rights relating to, or arising out of, our Services and websites. Don't change or remove our trademarks or Services marks displayed with the Services or on the websites. That would violate our trademark rights.
If you send us ideas or comments about our Services or websites you agree that we will not owe you any payment for your submissions. You also agree that we can use your submissions without your permission or acknowledging your authorship of the material you send us and that you specifically assign all copyrights to your submissions to Causio, Inc. by your consenting to this Agreement. In short, we own all intellectual property rights to anything you send us that relates to our Services or the websites.
Just as we require that you respect our copyrights we expect you to respect the copyrights of third parties. So don't upload or post other peoples' copyrighted or copyrightable material on our websites.
If you are a copyright owner and you think someone has infringed your copyrights by publishing your copyrighted material on our websites, or to use our Services, please notify us by email or regular mail addressed to our General Counsel's office. Your notice should include: 1) the legal name of the copyright owner; 2) the title of the work or works you claim have been infringed; 3) a description of the infringing material and its location sufficient for us to find the allegedly infringing material on our websites; 4) your contact information; 5) a statement, under oath, that the copyright owner did not authorize the allegedly infringing use and that you are the copyright owner or his/or her authorized agent; 6) your physical or electronic signature.
You agree that if your use of material is alleged to infringe a third party's copyrights we may remove the disputed material from our websites without liability to you.
We accept payments made by credit card, debit card and prepaid cards through MasterCard, Visa, Discover and American Express. We may change the credit card providers and networks from whom we accept payments at any time without prior notice and we may decide only to accept cards authorized by an issuer. We may also accept ACH payments from a U.S. bank account for U.S. Donors or Users.
By using the Services or creating an account with us you agree that we may share information about you and your Causio account with financial services companies to process donations or payments, to comply with regulatory requirements, to maintain and administer the Services, facilitate our risk management processes and to enable Users conducting Fundraisers to comply with their regulatory reporting requirements.
We may set-off monies you owe us against any monies or fees we owe you. Monies owed you due to your use of the Services will be transmitted to your accounts only after funds are fully collected, guaranteed and have completed the bank collection process. These funds may be transferred to your accounts but will still be subject to merchant service bank charge-back rules and the charge-back rules of your credit card issuer and network, if any.
A User may dispute or reverse a credit card charge in accordance with federal laws, the rules of their card issuer or the credit card network supporting the User's credit card. If you conduct a Fundraiser using the Services you are responsible for all chargebacks regardless of the validity of the reason for the chargeback. Your responsibility includes our fees and any merchant services, processing and bank fees caused by the chargeback.
Donor payments to a Fundraiser, including our fees and all financial services charges, are not refundable.
You agree to determine, collect and pay all taxes due based on your use of the Services. You and you alone must identify, collect, withhold, report and pay any taxes to the applicable taxing authority. We have no obligation or responsibility for determining whether any taxes are owed based on your use of the Services and we will not collect, or pay, any taxes to any taxing authority on your behalf based on your use of the Services.
If required by applicable tax laws we will report to taxing authorities the amounts you receive from using the Services as frequently as required by the taxing authorities. For example, when we send an IRS Form 1099-K to the Internal Revenue Service we will report your name, your address, your tax identification number and the amount of monies you received from using the Services for the applicable reporting period.
REGARDLESS OF HOW YOU USE THE SERVICES, YOU USE THE SERVICES AT YOUR OWN RISK. WE PROVIDE THE SERVICES AND OUR WEBSITES "AS-IS". TO THE FULLEST EXTENT ALLOWED BY ALL APPLICABLE LAWS AND REGULATIONS WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND RESPONSIBILITY FOR THIRD-PARTY INFORMATION OR MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE WEBSITES OR THE SERVICES AND ANY LINKED WEBSITES.
BASICALLY IF YOU MAKE AN AUTHORIZED DONATION TO A FUNDRAISER WE HAVE NO RESPONSIBILITY FOR WHAT HAPPENS TO YOUR MONEY OR HOW THE USER CONDUCTING THE FUNDRAISER USES THE MONIES THEY RAISE. AND WE ARE NOT RESPONSIBLE FOR USERS' FUNDRAISERS OR CAMPAIGNS THEY RUN USING THE SERVICES.
IN NO EVENT WILL CAUSIO, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES WHETHER IN AN ACTION BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, EVEN IF CAUSIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAUSIO'S LIABILITY IS LIMITED IN THE AGGREGATE TO AMOUNTS PAID TO CAUSIO AS FEES FOR YOUR USE OF THE SERVICES.
Causio will indemnify and hold you harmless from, and defend, any liability, suit or expense awards against you by a court of final jurisdiction, that arise out of any claim that the Services infringe any U.S. trademark, copyright or violate the trade secret rights of any third party, provided that you give us prompt notice of any such claim and permit us to control the defense or settlement of such claim. You agree to indemnify, defend and hold us harmless from and against any and all liabilities, damages, losses, claims, costs, fees and expenses (including attorney's fees) arising out of or related to your use of the Services and our websites.
The laws of the United States of America and the State of Washington, as applicable, will govern this Agreement's construction and operation without regard to Washington's rules regarding conflicts of laws.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Seattle, Washington, USA, before one arbitrator. JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures. Any court having jurisdiction may enter judgment on the Award. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement must be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it will be submitted to JAMS, or its successor, for final and binding arbitration under the arbitration clause set forth above. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator will be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered.
We operate our websites and the Services from within the United States of America. If you choose to access our websites and use the Services from outside of the United States you do so at your own risk. We don't represent or warrant that our websites or Services are appropriate for use outside of the United States.
Information security is very important in our business. So we employ physical, electronic and process security measures to protect information transmitted to us and information we transmit or store. But the Internet and other networks are not 100% secure. As a result, even though we will work hard to protect information sent through our websites, we cannot and will not guarantee the security of any information you send to or through our websites. You send information through the Internet and our websites at your own risk.
We protect your information using accepted best practices and we review our security practices frequently. We follow applicable laws and use our best efforts to comply with industry security standards. We encrypt credit cardholder data and other sensitive information for transmission and storage. We comply with the Payment Card Industry's Data Security Standards regarding the transmittal, storage, protection and access to credit cardholder information.
We reserve the right to terminate your account with us and suspend your access to our websites and the Services at our sole discretion. On termination, if allowed by applicable law, we will pay you when due, any monies in our possession or under our control that you are owed. On termination your license to use the websites and the Services will end but your responsibilities under this Agreement will continue in full force and effect as will our disclaimers and limitations on liability under this Agreement.
You may not assign any rights or licenses created or granted by this Agreement but Causio may assign this Agreement without restriction.
On this Agreement's termination, regardless of the reason for the termination, every provision reasonably necessary to enforce this Agreement's purpose will survive and remain in full force and effect.
This Agreement is the complete statement of your agreement with us regarding your use of our websites and Services. Unless otherwise expressly stated in this Agreement, this Agreement describes our only liabilities to you and your sole remedies involving your use of our websites and Services. If this Agreement conflicts with any other agreement or policy, yours or ours, this Agreement's terms and conditions control. If a court of competent jurisdiction finds, in a final order, that any of this Agreement's terms or conditions are invalid or unenforceable the invalid terms can be changed by the court, interpreted to be consistent with applicable laws, or stricken so as to render the remainder of this Agreement enforceable. This Agreement does not limit our trade secret rights under Washington law or our patent, copyright or trademark rights under applicable federal law. No failure to assert a right arising under this Agreement may be construed as a waiver of that right on any one occasion or as a waiver of the future assertion of that right.