Terms of Service

(Last updated: March 18, 2018)

Welcome to the CAUZE, inc. website (the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAUZE, INC. AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

The Site is owned and operated by Cauze, Inc. (“we,” “us,” etc. or the “Company”). YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, OR INFORMATION.

The Company reserves the right to modify, suspend or remove the Site or any part of the Site, at any time or from time to time, with or without prior notice to you. You agree that we will not be liable to you or any third party for any modification or termination of the Site. You acknowledge that we have no express or implied obligation to provide or continue to provide the Site, or any part of the Site, nor to provide any maintenance, technical or other support for the Site. You acknowledge that we may, at any time, restrict, limit, suspend or terminate your access to the Site or commence charging fees for use of the Site.

Services

We have collaborated with the One4All Charitable Fund, a 501(c)(3) public charity (“One4All”), to provide the Site’s users with a platform to create a donor advised fund (“DAF”), access publicly-available information regarding charities, create and manage profiles in connection with their accounts, and post comments and use other communications tools provided on the Site (the “Services”). The Company assumes no responsibility or liability for the timeliness, accuracy, deletion, or mis-delivery of, or the failure to store, any Site content, user information or settings or communications tools. You bear all such risks. Likewise, we reserve the right at any time to modify or discontinue any Services, temporarily or permanently, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Proprietary Rights

Unless otherwise indicated, all of the content displayed on this Site, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by the Company or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights. All user content and feedback, including messages posted to the Site, may be edited, published, or otherwise used (or removed) by us. We do not claim ownership of these items, but by submitting or posting them, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicenseable right to copy, modify, publish, translate, create derivative works from, perform, display and otherwise use such content (including your submitted name, likeness, and/or voice) on this Site or in any other media for any purpose related to our services or products, and you waive any right of publicity or privacy you may have in connection with such uses.

Use of the Site

You understand that all information, data, text, messages, or other materials publicly posted on the Site by third parties such as other users is the sole responsibility of the person from which such content originated. This means that you, and not the Company, bear all liability for all such content that you post, email, transmit or otherwise make available via the Services, and all risk for all third party content that you read, forward, or otherwise act on. You acknowledge that the opinions contained on this Site are not necessarily those of the Company or endorsed by us. We may provide links on the Site to other websites which are not under our control; these links are provided for convenience of reference only and are not intended as an endorsement by the Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

You also agree that any content or feedback you submit will not: (i) infringe any third party’s privacy, copyright, or other proprietary rights; (ii) be obscene, defamatory, pornographic, abusive, harassing, or fraudulent; or (iii) violate any applicable law or otherwise give rise to liability. You further agree not to use the Services to: (a) post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other solicitations; (b) introduce any material that contains any software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; or (c) harvest or otherwise attempt to collect or store personal data about other users.

You acknowledge that the Company will have the right (but not the obligation) in its discretion to refuse, move, edit, or delete any content that is submitted or otherwise made available via the Service, regardless of whether such communication(s) violate these Terms. You further acknowledge that we may preserve and/or disclose such content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to third party claims regarding such content; or (iv) protect the rights, property, or personal safety of the Company, its users or the public.

User Accounts and Donations

In addition to these Terms, any One4All DAF account you open, donation you make, or similar activity you undertake is governed by the terms and conditions of the One4All Charitable Fund Donor Agreement (the “Donor Agreement”), found here. By using this Site to open any One4All DAF account, make any donation or take any other act with respect to One4All, you agree to be bound by the terms and conditions in the Donor Agreement. In addition, you are responsible for maintaining the confidentiality of the user ID and password associated with your One4All DAF account and Site profile and for all activities that occur under such accounts. The Company does not retain liability or responsibility for such use.

In making a donation through your One4All DAF account or through a linked-to website operated by our payment processor(s) for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number, and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU IN CONNECTION WITH ANY DONATION. By submitting such information, you grant the Company (or its payment processor(s)) the right to provide such information to third parties for purposes of consummating Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. We reserve the right, in our sole discretion, to refuse or cancel the processing of any Donation for any reason. The Company (or its payment processor(s) may automatically process charges against your selected payment method. The Company or its payment processor will inform you if all or any portion of your Donation is refused or canceled or if additional or different information is required to process and accept your Donation.

Your account, Donations, and the personal information you submit in connection with your account and Donations are subject to the terms of our Privacy Policy. Please review our Privacy Policy to understand how we may use your personal information.

Termination

You agree that we may, in our sole discretion, terminate your password or use of this Service, or terminate your One4All DAF account as directed by One4All, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if we (or One4All) believe that you have violated or acted inconsistently with any of these Terms or the Donor Agreement. You agree that any termination of your access may be effected without prior notice, and you agree that we may deactivate or delete your account and related information and files and/or prevent further access to such files or the Services, and that we will not be liable to you or any third-party for any termination of your access to the Services.

Disclaimers and Limits on Liability

THE SITE IS PROVIDED “AS IS”, AND THE COMPANY AND ITS DIRECTORS, MEMBERS, EMPLOYEES, AND AFFILIATES (“THE DISCLAIMING PARTIES”) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, RELIANCE ON THE INFORMATION PROVIDED HEREIN, OR UNAVAILABILITY OF THE SAME, INCLUDING LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THIS SITE OR ITS CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE DISCLAIMING PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SITE EXCEED ANY COMPENSATION PAID BY YOU TO THE COMPANY FOR ACCESS TO, OR USE OF, THE SITE. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

Applicable Law and Venue

These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be entirely performed within the State of Idaho, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Ada County, Idaho, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of this Site.

Changes to Site Terms

The Company reserves the right to change these Terms or any other terms or policies of this Site, at any time and in our sole discretion. When making changes, we will revise the “last updated” date at the top of these Terms, and changes will be effective immediately upon posting. Your continued use of this Site following the posting of any changes will constitute your acceptance of such changes. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

If you have any questions about these Terms, please direct them to: hello@cauze.com