TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
Effective as of January, 2019
This Agreement ("Agreement") specifies the Terms and Conditions for access to and use of Free4cause.org and the connected mobile application (collectively the "Site"). This Agreement creates a contract between the user of the Site (“User”) and Free 4 Cause, Inc. (“Free4Cause”). Please read the Agreement carefully. By using this Site, the User agrees to comply with, and be bound by, the following Terms and Conditions of Use. To confirm your understanding and acceptance of the Agreement, please click “Agree” at the end of these Terms and Conditions. This Agreement may be modified at any time by Free4Cause upon posting of a modified agreement on the Site. Any such modifications shall be effective immediately. The most recent version of these Terms and Conditions will be available at all times on the Site. Each use of the Site by the User shall constitute and be deemed unconditional acceptance of the Agreement.
A. Intended Audience. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS
SITE. The Site is intended for adults only. This website does not provide
under the age of 18. The Site is not intended for any children under the age of 18.
C. Introduction to Our Services. This Agreement governs your use of Free4Cause’s services as a virtual marketplace/exchange and charitable donations facilitator (“Services”), through which you may enter into a Transaction as defined herein. Our Services are available for your use in the State of California. If User is located outside the State of California, User should seek the advice of local counsel within their own state. To use our Services, you need compatible hardware and software and internet access. Our performance of Services may be impaired or negatively affected by these factors.
Transaction. Users have two methods for donating through the virtual marketplace/exchange. Those donating their personal property shall donate such personal property, provide a picture of the donated property, and a description of the item. The property donor shall also provide a suggested charity, but not mandatory, to which the property donor would like the charitable donation be made; however, such designation is not manadatory. Images of this property will be displayed at the virtual marketplace/ exchange Site, which items may be obtained by money donors. In the event a User identifies a piece of personal property which they would like to obtain, they may make a donation in the required minimum amount for such personal property, or an amount greater than the designated amount, and will be provided with the address where the property may be collected. They may pick up the property at the designated location and time, as agreed to between the two donors. The User donating the funds will designate the charitable organization that will receive such donation, chosen from a list of approved charities supplied by Free4Cause on the Site. The money will be collected by Free4Cause, which will receive 25% of the donation amount as its administrative fees. The money donor hereby authorizes Free4Cause to retain such fee for payment of its administrative fee from his/her donation. The remaining balance will be donated to the designated charity and the donating User will receive a receipt for his/her monetary donation. All money transactions shall be processed through Stripe.
Representations and Warranties. Users donating personal property represent and warrant that the items they are donating are owned by such User, free and clear of all liens, charges, claims, equities, restrictions and encumbrances; and such User has the right, power, and authority to sell, transfer, and deliver to the money donor, such personal property, free and clear of all liens, charges, claims, equities, restrictions and encumbrances. Additionally, they will make the donated property available to the money donor to pick up at the designated location at a reasonably acceptable time, as agreed to between the User parties. Users donating funds represent and warrant that they have the funds available to pay the minimum designated donation for the property they are obtaining, that they have the means to retrieve such personal property and will retrieve the property within five (5) calendar days at the location and time, as agreed to between the User parties. If the property is not timely retrieved, the item of personal property is forfeited, and may be listed on the Site again. Any monetary donation made for the item of personal property is non-refundable.
Restrictions. The following items may not be listed on the Site:
- • Counterfeit goods
- • Replicas that are sold without consent from the trademark owner
- • Stolen goods
- • Hacking tools
- • Vehicles where you are not the titleholder
- • Pornography
- • Sexually explicit content
- • Nudity
- • Adult Toys
- • Alcoholic products
- • Tobacco
- • E-cigarettes and e-juice
- • Illegal Drugs
- • Prescription drugs or medical devices
- • Over-the-counter drugs and supplements
- • Live animals
- • Fossils
- • Skin and bones from endangered or protected species
- • All firearms, accessories and ammunition
- • Airsoft weapons that do not display an orange safety tip
- • Tasers
- • Knives or weapons of any kind
- • Burglary Tools
- • Fireworks
- • Pesticides, tear gas, and other hazardous chemicals or controlled substances
- • Used cosmetics
- • Lottery tickets and other sweepstakes or gambling
- • Items obtained through government assistance
- • Bodily fluids such as breast milk
- • Posts containing racial slurs
- • Posts promoting intolerance or discrimination
- • Items that depict or glorify violence against people or animals
- • Syringes
- • Homemade food items (unless properly licensed to sell food items)
- • Food items that have been opened, tampered with or that are past their expiration date
D. Using our Services. Free4Cause grants a limited, revocable, nonexclusive license to use the Site solely for personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Free4Cause and Free4Cause may terminate User’s use of the Site at any time. Unless otherwise stated, Free4Cause owns the intellectual property rights on the Site and all materials on the Site. All intellectual property rights are reserved by Free4Cause. Users may view, download for caching purposes only, and print pages from the Site for personal use subject to the restrictions set forth below: Users must not:
- • Republish material from the Site, including, but not limited to, publications on another website;
- • Sell, rent or sublicense material from the Site; • Show any material from the Site in public; • Reproduce, duplicate, copy or otherwise exploit materials on the Site for a commercial purpose; or
- • Edit or otherwise modify any material on the Site or redistribute material from the Site.
Using Free4Cause’s Services requires registration and obtaining a log in ID through the Site or mobile app. You are responsible for maintaining your identification’s confidentiality and security. Free4Cause is not responsible for any losses arising from the unauthorized use of your identification. You must be eighteen (18) years of age to create an identification and use our Services.
E. Ownership. All content included on the Site is and shall continue to be the property of Free4Cause or its content suppliers and is protected under applicable copyright, patent, trademark and other proprietary rights. Any copying, redistribution, use or publication of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will the User acquire any ownership rights or other interests in any content by or through the use of the Site. User Content. In this Agreement, “Your User Content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that Users submit to the Site, for any purpose. User grants to Free4Cause a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media. User also grants to Free4Cause, the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Free4Cause or a third party (in each case under any applicable law). You must not submit any User content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Free4Cause reserves the right to edit or remove any material submitted to the Site, or stored on Free4Cause’s servers, or hosted or published upon the Site. Notwithstanding Free4Cause’s rights under this Agreement in relation to User content, Free4Cause does not undertake to monitor the submission of such content to, or the publication of such content on, the Site. No compensation will be paid with respect to Your User Content, as provided herein. By posting, uploading, inputting, providing or submitting User content, you warrant and represent that you own or otherwise control all of the rights to the submission including, without limitation, all the rights necessary to provide, post, upload, input or submit the submission(s).
F. Acceptable use of the Site. Users must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Users must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. Users must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Free4Cause’s express written consent. Users must not use the Site to transmit or send unsolicited commercial communications. Users must not use the Site for any purposes related to marketing without Free4Cause’s express written consent. For the safety and security of all parties concerned, Users should only contact other Users through the Site, and should not communicate independently with one another.
G. Restricted Access. Access to certain areas of the Site is restricted. Free4Cause reserves the right to restrict access to other areas of the Site, or the entire Site, at Free4Cause’s discretion. If Free4Cause provides you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential. Free4Cause may disable your user ID and password in Free4Cause’s sole discretion without notice or explanation.
H. Breaches of these terms and conditions. Without prejudice to Free4Cause’s other rights under this Agreement, if User breaches these terms and conditions in any way, Free4Cause may take such action as Free4Cause deems appropriate to deal with the breach, including, but not limited to, suspending User’s access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against User.
I. Trademarks. Certain names and images on the Site are either copyrighted material, trademarks or registered trademarks of Free4Cause. Other product and company names mentioned on this Site may be copyrighted materials or trademarks of their respective owners.
J. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
K. Links to Third Party Sites. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Free4Cause and Free4Cause is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Free4Cause is not responsible for webcasting or any other form of transmission received from any Linked Site. Free4Cause is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Free4Cause of the site or any association with its operators.
L. Indemnification. User agrees to indemnify, defend and hold Free4Cause and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to violation of this Agreement or use of the Site.
M. Disclaimer. THE INFORMATION ON THIS SITE, AS WELL AS THE PROPERTY LISTED ON THIS SITE, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. USER AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. FREE4CAUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT USER’S JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY RELATING TO USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING PARAGRAPH, FREE4CAUSE DOES NOT WARRANT THAT:
- ● THIS SITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL;
- ● THE INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE OR NONMISLEADING;
- ● IT IS PROVIDING ANY ASSURANCE THAT THE USERS ARE WHO THEY HAVE IDENTIFIED THEMSELVES TO BE; OR
- ● IT IS PROVIDING A SAFE MEANS OF EXCHANGING THE PERSONAL PROPERTY BETWEEN THE USERS.
N. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FREE4CAUSE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, USER’S SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF USER’S SITE USE. NOR SHALL FREE4CAUSE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO EITHER USER’S FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DELIVERY OF THE GOODS. FREE4CAUSE SHALL NOT BE LIABLE IF THE PERSONAL PROPERTY FAILS TO BE USABLE, SERVICEABLE OR SAFE FOR USE. ALSO, UNDER NO CIRCUMSTANCES WILL FREE4CAUSE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, PERSONAL INJURY, THEFT OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE EXCHANGE OF PERSONAL PROPERTY; AND FREE4CAUSE SHALL NOT BE LIABLE IN THE EVENT OF ANY INJURY, THEFT, FRAUD OR THE LIKE IN ASSOCIATION WITH USE OF THE SITE. User may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply. These limitations of liability apply even if Free4Cause has been expressly advised of the potential loss.
O. Assumption of Risk. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. FREE4CAUSE DOES NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SITE. USERS ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE SITE (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
P. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Free4Cause’s liability in respect of any:
- • death or personal injury caused by Free4Cause’s negligence;
- • fraud or fraudulent misrepresentation on the part of Free4Cause; or
- • matter which it would be illegal or unlawful for Free4Cause to exclude or limit, or to attempt or purport to exclude or limit, its liability.
R. Copyrights and Copyright Agent. All contents of the Site are: Copyright 2018 by Free4Cause and/or its partners. All rights reserved. If User believes User’s work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to the President of Free4Cause at firstname.lastname@example.org:
- • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- • A description of the copyrighted work that is claimed to have been infringed upon;
- • A description of where the material that is claimed to be infringing is located on the Site;
- • A current address, telephone number, and e-mail address;
- • A statement that based upon a good faith belief, that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- • A statement, made under penalty of perjury, that the above information in the notice is accurate and the signer is the copyright owner or authorized to act on the copyright owner's behalf.
S. Reasonableness. By using the Site, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
This Agreement will be construed in accordance with the laws of the State of California. All obligations of the Parties created under this Agreement are performable in Riverside County, California.
This Agreement will be binding on and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns as permitted by this Agreement.
If any paragraph, part, section or clause of this Agreement is held by an arbitrator or a court of competent jurisdiction to be vague, indefinite, invalid or otherwise unenforceable in accordance with its terms, this entire Agreement shall not fail on account thereof, but such paragraph, part, section or clause shall be enforced to the extent permissible under the governing law, and the balance of this Agreement shall continue in full force and effect.
For purposes of interpreting this Agreement, the singular shall include the plural and vice-versa, the masculine shall include the feminine and neuter and “person” shall include, without limitation, any individual, partnership, trust, corporation, unincorporated association or any other entity. This Agreement is to be considered mutually negotiated and drafted by the Parties.
Free4Cause may transfer, sub-contract or otherwise deal with [NAME'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. User may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including, but not limited to the validity and enforceability of this Agreement under all Federal and State Laws or otherwise, shall be settled by binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS), and judgment upon the award rendered may be entered in any court having jurisdiction thereof. Any such arbitration award shall be binding on the Parties. Such arbitration shall be conducted before JAMS in Ontario, California. The Parties may seek or obtain any provisional remedy, including, but not limited to, prejudgment attachment and injunctive relief, in a court of competent jurisdiction, without waiving the right to arbitration. Within ten (10) days of the service of a claim or demand for arbitration by either Party upon the other, the Parties shall select from JAMS a mutually acceptable arbitrator to hear this matter. If the Parties are unable to select a mutually acceptable arbitrator, then each Party will designate in writing and appoint one arbitrator from JAMS. These two arbitrators will then select a third arbitrator from JAMS, who will then serve as the sole arbitrator in this matter. Each Party will pay their or its own Partyappointed arbitrator fees and expenses in connection with the arbitration. The Parties acknowledge that they are willing to have the third arbitrator paid at his or her normal hourly rate, which cost is to be split between the Parties. The arbitrator shall be required to decide all matters in accordance with applicable law and in accordance with the provisions of this Agreement.
The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
In the event that any action or proceeding is commenced by any Party arising from the transaction contemplated in this Agreement, the prevailing Party shall be entitled to recover all costs and expenses in connection therewith, including, without limitation, expert witness fees, reasonable attorney’s fees and court costs.