becauseOne

becauseOne, LLC

 TERMS OF USE
Last Updated: August 29, 2022

1. User’s Acknowledgment and Acceptance of Terms

becauseOne,LLC d/b/a becauseOne® (referred to as “us” or “we”) provides the www.becauseOne.com siteand attendant mobile applications and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of September 29, 2022. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2. General Terms and Description of Services

We use the following general terms in describing our services on the site:

NPO: a Nonprofit organization that has been accepted by us.

Room: A space where the NPO has the ability to post/register for their most pressing needs. These needs range from specific items to designated funds for specific things. There is also the option to donate to an undesignated “cash” fund.

Gifter: An individual or entity that has made a gift to an NPO using the site, also known as a donor.

Sponsor: A Gifter that has agreed to sponsor an NPO Room and pay the Room Fee on behalf of the NPO to open the Room or renew the Room (the “Room Fee”).

Needs: tangible items, intangible but designated items, and cash donations listed in a non-profits virtual room, visible to other users and able to be gifted to the NPO.

Alignment Technology: the patent pending technology which takes the passions and interests selected in the gifter account set up and connects them in a scrolling feed to the items posted in the NPO Rooms.

NPOs and Gifters are sometimes referred to as Users.

Gifters will register to use the site. Gifters can make donations to NPOs based on Needs and/or pay the sponsorship fee for an NPO to register a Room. An NPO can also sponsor and pay for its own Room on the site. The Alignment Technology matches the Gifter’s interest to the NPO’s Needs and to specific Rooms.

Once a Room is sponsored for an NPO, the NPO must register on the site and accept the Room and agree to these Terms of Use, including paying the Room Fee. Upon registration, NPO certifies to us as follows (which will also be verified on the NPO’s registration page):

  1. NPO is an entity organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, educational, or other specified purposes and meets certain requirements under Internal Revenue Code of 1986, as amended, Section 501(c)(3).
  1. NPO agrees to provide Gifter a written acknowledgment required to substantiate a charitable contribution of $250 or more in accordance with the requirements of the Internal Revenue Code of 1986, as amended containing the following information:
    1. name of the organization;
    2.  amount of cash contribution;
    3.  description (but not value) of non-cash contribution;
    4.  statement that no goods or services were provided by the organization, if that is the case;
    5.  description and good faith estimate of the value of goods or services, if any, that organization provided in return for the contribution; and
    6.  statement that goods or services, if any, that the organization provided in return for the contribution consisted entirely of intangible religious benefits, if that was the case.
  1. NPO agrees to open a Stripe Account to be accepted to use the site.

NPO must be accepted by us, in our sole and absolute discretion. This acceptance occurs when the NPO receives an e-mail from us notifying them of our acceptance. Any Gifter or NPO use of the site may be terminated by us at any time (see below Termination of Use).

NPO Obligations:

An NPO is responsible for the following when using the site:

  1. The NPO is responsible for filling their Room with their most pressing needs. 
  2. Pay the Room Fee to open the Room or renew a Room
  3. Set up a Stripe account during on boarding process to accept donated funds
  4. Sending written acknowledgements to Gifters per requirements of Internal Revenue Code of 1986, as amended
  5. Follow the applicable state-required disclosures for a NPO soliciting contributions
  6. Paying the Stripe processing fee
  7. Paying our Platform Fee

Gifter Obligations:

A Gifter is responsible for the following when using the site:

  1. Sponsor by donating fee to NPO to open or renew a Room
  2. Choose to share the gift with others Gifters using the site or gift anonymously
  3. Elect to gross up the gift to pay for the NPO’s platform fee when making gifts using the site if desired
  4. Verify the NPO is a qualified charitable organization under the Internal Revenue Code of 1986, 

Payment Processor: We are not a payment processor and do not hold any funds. Instead, we use third-party payment processing partners to process gifts (“Payment Processor”). You acknowledge and agree that the use of Payment Processors is integral to the using the site and that we exchange information with Payment Processors in order to facilitate the provision of the site.

Room Fee: A Gifter donates the $1,000.00 Fee to an NPO to open a Room, or an NPO may self-fund the $1,000 Fee to open a Room. The Room Fee is for use of the Room for a period of one (1) year. The Room can be renewed for successive one (1) year periods commencing thirty (30) days before the end of the Room term for a Renewal Room Fee of $1,000.00. If a donation of the Renewal Room Fee is not received from a Gifter by the end of the initial term or any renewal term, the Renewal Room Fee of $1,000.00 shall be automatically charged to the NPO. If a donation is received through us for the Renewal Room Fee or any part thereof after the end of the thirty (30) day period, but during any term, the NPO will receive the Renewal Room Fee as a reimbursement for any amounts previously paid by the NPO for that term. Please keep in mind that a transaction fee (charged by Stripe), including credit and debit charges, is deducted from each gift (hereinafter and on the website referred to as “Transaction Fee”). 

Platform Fee: We charge a Platform Fee of four percent (4%) of the value of all gifts made through site (but not including the Room Fee) by adding such Platform Fee to the value of the gift. To learn more about the Platform and the applicable Transaction Fee, visit becauseOne Pricing.

The Service is a Platform: We are not a Broker, Financial Institution, Creditor or 501(c)(3) nonprofit corporation. The site is an administrative platform only. We facilitate the NPOs fund raising and permit Gifters to make donations to the NPO.

All information and content provided by use when you use the site is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any gifts or any information or content relating to the site, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the site is at your own risk.

We have no control over the conduct of, or any information provided by, a User and hereby disclaim all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a NPO will obtain a certain amount of gifts or any gifts at all. We do not endorse any NPO, Gifter, or cause and we make no guarantee, express or implied, that any information provided through the site is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any request for Needs. Users must make the final determination as to the value and appropriateness of contributing to any Need or Room.

No Solicitation: The site is offered to help NPOs raise money to fulfill its Needs. We merely provide the technology to allow NPOs to connect with Gifters. The existence of the site is not a solicitation of donations by us, and we do not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the site, you understand and agree that we are not responsible for the use of your gifts, or the amount of funds raised for the NPO.

Taxes: We do not withhold funds for tax purposes or otherwise. NPOs will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).

Gifters: All gifts are at your own risk. When a Gifter makes a gift through the site it is the Gifter’s responsibility to understand how gifted money will be used and to check the NPO content regularly for any updates. We are not responsible for any offers, promises, rewards or Promotions (as defined below) made or offered by NPOs; such conduct violates these Terms of Use. We do not and cannot verify the information that NPOs supply, nor do we represent or guarantee that the gifts will be used by an NPO in accordance with any fundraising purpose prescribed by a NPO in a Room or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds reported to us very seriously.

If you are a Gifter to an NPO:

  1. You are not permitted to impose restrictions on the use of such gift by the NPO. To the extent that you make a gift in response to an appeal for a particular program of a NPO, or to the extent that you purport to direct the use of gift by a NPO, any such directions shall constitute non-binding recommendations only and the NPO shall have full discretion to determine how all gifts will be used.
  2. You should consult your tax advisor as to the amount of your gift that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any gift in any relevant jurisdiction. We make no representation as to whether all or any portion of your gift, including, if any, Room Fee, Transaction Fees, or Platform Fee are tax deductible or eligible for tax credits. We will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any gift by you, any User or any NPO.
  3. Unless you opt out of such disclosure, you acknowledge and agree that, in accordance with our Privacy Policy, certain of your personal information will be shared with the NPO to which you make a gift, including without limitation, as part of a Donor List (as defined below) and may be used by such NPO to issue official charitable receipts (or equivalent document) and in accordance with the NPO’s privacy policy. 
     We are not responsible,and shall not be liable, for any NPO’s use of any Donor information.
  4. Please check here for any applicable state-required disclosures for Charities soliciting contributions: state non-profit disclosures .

Gifter List and Other Data: A NPO may access information about Gifter Data (defined below) for compliance and transactional purposes. “Gifter Data” means a name of Gifter, Gifter’s e-mail, gift amount and quantity, date of transaction, and name of the donated item. THE GIFTER DATA IS PROVIDED “AS IS,” AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY GIFTER DATA OR ANY INFORMATION CONTAINED THEREIN. Unless a Gifter checks the “Anonymous” checkbox at the time of a gift, by using the site, the Gifter consents to the disclosure of Gifter’s name. Gifter by using the site, the Gifter consents to the disclosure of Gifter’s e-mail address as described herein.

We reserve the sole right to discontinue the site, including any features therein, at any time with 30 days’ notice to you. We reserve the sole right to modify the site, including any features therein, at any time without notice to you. We shall not be liable to you, or any third party should we exercise such right of discontinuance or modification. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

Content Manifestly Made Public by the User:

  1. Public Content; Public Display of Information and Donations. Some of your activity on and through the site is public, such as content you post publicly on the site (including, but not limited to, descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the site or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, list of gifts made through site (unless you select “Anonymous”), which NPOs you select to follow, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the site. For example, as a Gifter, you might post your personal data – such as information about a recent gift and why you made the gift – which data might be considered sensitive data. In addition, as a Gifter, you have the option to publicly display your gift for all to see, including on social media or other publications (like Facebook, Twitter, LinkedIn, your e-mail, or other third-party sites). To keep the details of your gift private from the general public, click the “Anonymous” checkbox during the gift process. Please remember that if you choose to provide information using certain public features of the site, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the site. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the site.
  2. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to us may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through User support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (iii) you agree that we will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) you represent and warrant that you have all rights necessary to submit the Other Information; (v) to the extent necessary, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (vi) you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.
     
     You acknowledge and agree that we may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our Users, employees or the public.

Sales Prohibited on the Site: You are not permitted to offer any good or service in exchange for a gift on the site.

3. Registration Data and Privacy

In order to access the services on this site, we will require you to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4. Room Fee

A Gifter may sponsor a Room on behalf of an NPO by making a cash gift to the NPO to open a Room or Renew a Room. The Gifter will then receive an acknowledgment of their contribution in the Room for a one-year period that the NPO accepts the gift to open the Room that the Gifter contributed the necessary to open the Room.

The Room Fee is for use of the Room for a period of one (1) year. The Room can be renewed for successive one (1) year periods commencing thirty (30) days before the end of the Room term for a Renewal Room Fee of $1,000.00. If a donation of the Renewal Room Fee is not received from a Gifter by the end of the initial term or any renewal term, the Renewal Room Fee of $1,000.00 shall be automatically charged to the NPO. If a donation is received through us for the Renewal Room Fee or any part thereof after the end of the thirty (30) day period, but during any term, the NPO will receive the Renewal Room Fee as a reimbursement for any amounts previously paid by the NPO for that term. 

All gifts to sponsor a Room are final, with no right to a refund.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.

Payment Processors: We use Payment Processors to process Donations for an NPO’s Rooms and thereafter deliver it to the NPO. In order to withdraw funds from a Room, an NPO (the “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and us that such information is true and that you are authorized to use the applicable Withdrawing Account. 

By accepting a Room, the Withdrawing Entity agrees to the processing, use, transfer, or disclosure of data by the Payment Processors pursuant to these Terms of Use as well as any and all applicable terms set forth by the applicable Payment Processors. Our current Payment Processor includes: Stripe, Inc. (Stripe Services Agreement – United States).

Stripe. When Stripe processes a Gift through the site for a NPO, the gift will go directly from the Gifter to the NPO’s merchant account. Gifts will appear on the Gifter’s bank or credit card statement under the name of the NPO to which the Gifter contributed. For more information, see Stripe Services Agreement – United States.

5. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, message board, software or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, political affiliation, or disability;

3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, message boards, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

 You agree that we may at any time, and at our sole discretion, terminate your use of the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.


 

  1. Gifters: In order to contribute to an NPO, a Gifter will be required to provide us information regarding the Gifter’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Gifter’s becauseOne account (a “Billing Account”). You, as a Gifter, represent and warrant to us that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum gift amount may apply, and that all gifts are final and will not be refunded unless we, in our sole discretion, agree to issue a refund. We use third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Gifts made, and Gifter acknowledge that by making contribution to a NPO, the Gifter agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Use as well as any and all applicable terms set forth by our payment partners. For a list of our current Payment Processors and links to their terms of service, please see the PAYMENT PROCESSORS section above.
  2. NPOs: From time to time, we, in our sole discretion, may place a hold on a Withdrawing Entity’s/NPO’s account (a “Hold”), restrict Withdrawals (defined herein as the transfer of gifts made to an NPO to the NPO), secure reserves, or take similar actions to protect our interests and those of our Users. Some of the reasons that we may take such actions include, but are not limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an NPO is false, misleading, or fraudulent, or funds are being used in a prohibited manner; (ii) a NPO has violated these Terms of Use; (iii) the NPO is colluding with Gifters to engage in fraudulent activity; (iv) there may be suspicious or fraudulent gift activity; or (v) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
     
     While we strive to make Withdrawals available to the NPO promptly, NPOs acknowledge and agree that: (i) Withdrawals may not be available to the NPO for use immediately; (ii) we do not guarantee that Withdrawals will be available to the NPO within any specific time frame; and (iii) we expressly disclaim any and all responsibility for any delay in Withdrawals or in the NPO’s inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. NPO’s are responsible for ensuring that the information provided to us in order to process a Withdrawal, including bank account information, is accurate and up to date. We may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of gift(s) with or without consulting the NPO, which may comprise the entire amount donated to the NPO. We are not liable to any User or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing refunds, including, but not limited to transaction or overdraft fees. 

6. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

7. Intellectual Property Information

Copyright © becauseOne, LLC d/b/a becauseOne All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, vault and other original content.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of becauseOne, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of becauseOne, LLC or its Affiliates.

Notwithstanding anything in this Terms of Use to the contrary, we do not any claim copyrights, trademarks, service marks, patents or other proprietary rights in any content to which you upload to the site which you are uploading to the site with the permission of the holder of the intellectual property right(s) in such content.

8. User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as confidential and proprietary to you. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for purpose of the displaying, storing, and downloading of such communications and material sole to you, authorized collaborating advisor, authorized party, or in case of emergency care provider. See above for exceptions for Content Manifestly Made Public by the User.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

becauseOne, LLC
 ℅ Brian A. Eagle, General Counsel
 c/o Eagle & Fein, P.C.
 8500 Keystone Crossing, Suite 555
 Indianapolis, Indiana 46240
 Or [email protected]
 317-726-1714

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$ 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

11. Indemnification

You agree to release, indemnify on demand and hold us and our affiliates and our officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the site, any gifts, any User Content, your connection to the site, your violation of these Terms of Use or your violation of any rights of another. You agree that we have the right to conduct our own defense of any claims at our own discretion, and that you will indemnify us for the costs of our defense (including, but not limited to attorney’s fees). 

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

12. Disputes

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.

The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: c/o Eagle & Fein, P.C., 8500 Keystone Crossing, Suite 555, Indianapolis, Indiana 46240. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (a) the amount awarded by the arbitrator; or (b) US$10,000.00.

Fees: If you commence arbitration in accordance with these Terms of Use, we will reimburse you for your payment of the filing fee unless your claim is for more than US$10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Indianapolis, Indiana, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the Miscellaneous section below will govern any action arising out of or related to these Terms of Use.

Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

13. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Your Conduct on the Site” above. We will not routinely monitor the contents of your profile and/or NPO Room. You are solely responsible for any information contained in your profile and/or Room. However, if complaints are received regarding language, content, or graphics contained in your profile and/or Room, we may, at our sole discretion, remove the images hosted on our servers and terminate your use of the site. We may also suspend your use of the site, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your use of the site, or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

14. Security and Password

You are solely responsible for maintaining the confidentiality of your password and for any and all statements made and acts or omissions that occur through the use of your password and site, including any messages sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password. Our personnel will never ask you for your password. You may not transfer or share your use of the site with anyone, and we reserve the right to immediately terminate your use of the site in the event of any unauthorized transfer or sharing thereof.

15. Export Controls

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with this site is void where prohibited.

17. Termination of Use

You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or your access to the site and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

When you cancel your use of site, upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. These Terms of Use, as appropriate, shall survive any termination.

18. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the State of Indiana, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Indiana, by accessing this site both of us agree that the statutes and laws of the State of Indiana, without regard to the conflicts of laws principles thereof and the purchase of services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Marion County, Indiana and the United States District Court for the Southern District of Indiana with respect to such matters.

19. Notices

All notices to a party shall be in writing and shall be made either via e-mail. Notices to us must be sent to the attention of Customer Service at [email protected]. Notices to you may be sent either to the e-mail address supplied for your use of the site or to the address supplied by you as part of your in profile. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

20. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

21. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

22. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by becauseOne, LLC, an Indiana limited liability company, mail to: 407 West Smith Valley Road, Unit 663, Greenwood, IN 46142 or [email protected].