Website Terms & Conditions
Welcome to the ClearCause™ Foundation website. Throughout this Agreement we will be referred to as ClearCause™. By using our website, or any other social media or electronic communication, you agree to the following terms and conditions. You agree that we may change these terms and conditions, at any time, with or without notice, by posting the modified terms and conditions on this website. Your continued use of our Internet services and website is your consent to such modifications.
1. CONTENTS & SUBMISSIONS
The contents of this website are protected by various laws, including but not limited to copyright, trademark and contract laws and are the property of ClearCause™ and its business partners. Unless specified, you may not modify, copy, publish, display, transmit, adapt, use or exploit any material obtained from this site without our prior written consent.
(a) If you post or submit content to ClearCause, including text, videos, photos, audio, documents, or other media, you are giving to us and our associates, agents and third party vendors the right to display or publish the content however we deem appropriate. This may include website, social media channels and print. We may choose to recompile or edit any content you provide, unless we agree otherwise you have no rights with respect to how we remodel the asset at this or any future time.
(b) You are solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each submission, you affirm, represent and warrant that: You own or have the permission, rights, license, to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights on all submissions you make to enable us to include and use your submission for each and every identifiable person, name, likeness, brand, logo, or content.
(c) You agree you will not: Post spam, solicitations or ads of any kind; Submit material that is copyrighten, protected by trade secret, or subject to third party proprietary rights, including privacy and publication rights, unless you own the rights or have permission from the rightful owner to post material and grant to us all rights therein; Post false or misrepresented content that could harm us or anyone else; Submit content that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racist or ethnically abrasive, slander or liabelous, or encourage conduct that could be considered a criminal offense, threat, or give cause to civil liability, violate any law, or is generally accepted as inappropriate. We reserve the right to block, remove, report and cease to publish submissions without prior notice.
2. CLEARCAUSE™ WEBSITE VISITORS
As a visitor to this website, you may submit information, receive information, sign our advocacy letters, make a donation, volunteer, purchase event tickets, like or recommend us on Facebook, follow us on Twitter and other social media, and more.
3. CLEARCAUSE™ USERS FANS
You represent to us that you are 18 or over, or have the permission of your parent or guardian, to participate and interact with ClearCause™.
4. DONATIONS, REFUNDS & CANCELLATIONS TO CLEARCAUSE™
ClearCause™ Foundation is a 501c(3) organization who has earned the Guidestar Partner seal. The ClearCause™ Foundation, focuses on safety initatives and public outreach, educating students, parents, and other third parties as to issues involved in safety of international student travel and study abroad programs. Donations made to the ClearCause™ Foundation are tax deductible according to IRS guidelines. In accordance with Internal Revenue Service (IRS) rules, ClearCause Foundation enforces a strict ‘No Refunds” policy for donations and event ticket sales. If you cannot make an event, your ticket purchase becomes a tax deductible donation. However, ClearCause recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
A. Charge Back transaction occurs when the credit card holder files a dispute with their bank stating either they did not authorize or recognize the transaction on their credit card or bank statement. ClearCause staff will provide support documentation in an effort to reslove Charge Back case in favor of ClearCause. However, ClearCause is unable to resolve such cases and the case is referred to pre-arbitration, ClearCause will, under its variance of power authority, not regrant any funds to the advised fundraiser, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is consdered complete and unrestricted. However, ClearCause will not issue any further regrants of donor-advised funds until it receives addiotnal funds from donors or other sources advised for the organization equal to the amount of the Charge Back.
B. Gross Error transactions occur when the credit cardholder or donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $5,000.00 donation instead of a $50.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or fundraiser, containing an incorrect name, dedication, or designation, or any other non-financial reason. ClearCause retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if ClearCause has not yet regranted funds to the designated fundraiser. Once funds are regranted, the donor should contact the fundraiser in order to atetmpt to correct the error.
5. INFORMATION COLLECTION, USE & PRIVACY
ClearCause may obtain information about you because you have requested information from ClearCause™ have signed up for our newsletters or other information, have purchased products through our website. ClearCause™ will use your information to respond to your inquiries, requests and orders. We may share this information with third parties for the purpose of fulfilling your inquiry, request, order or to engage in activities which support our mission. Unless you ask us not to, we may use your information to contact you in the future. You may opt out of any future contacts from us at any time. Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without prior consent. When you contribute to any campaign or event on this or any website ClearCause uses, you grant us permission to access your donation records at any time and to use the information you provide to process your donation or purchase. Unless you indicate at the time of making your donation that you would like to remain anonymous, ClearCause will make available reports identifying, where available, your name, address, email, and transaction accoutning details. If you are a fundraiser for ClearCause, reports will be made available to you on your registered fundraising page on the ClearCause website unless the donor opts out and chooses to remain anonymous, in which case donor’s anonymity will be honored and will not be shared with others. If applicable, donor information will also be shared with organizations administering giving events in which the donor participates, unless the donor indicates at the time of making a donation that they wish to remain anonymous.
The ClearCause™ website may contain links to other sites, including sites where you may purchase products advertised on this website. These sites are not controlled by ClearCause™ and ClearCause™ is not responsible for any order that you may place, or the business practices of such third party website. We encourage our users to be aware when they leave our site and to read the terms and conditions and privacy statements of a linked website.
7. YOU ARE RESPONSIBLE FOR ANY HARM CLEARCAUSE SUFFERS
As a result your actions, breach of these terms and conditions, representations or warranties. You agree to indemnify and hold harmless ClearCause employees, volunteers, directors, advisors, officers, managers, agents and vendors from any and all losses, expenses, damages, costs, including legal fees, resulting from any violation of these terms and conditions by you, your representations or warranties. You will provide ClearCause with full cooperation as deemed reasonable when we execute our right to take over the exclusive defense of any and all claim for which we are entitled to indemnification.
8. DISCLAIMER AND WARRANTIES
ALL MATERIALS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS WEBSITE IS “AS IS” WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARCAUSE™ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT WILL CLEARCAUSE™ BE LIABLE FOR ANY DAMAGES, (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY. IN THE EVENT THAT DAMAGES MAY NOT BE DISCLAIMED HEREUNDER, FOR WHATEVER REASON, THE TOTAL AMOUNT OF DAMAGES THAT MAY BE AWARDED HEREUNDER IS FIFTY DOLLARS ($50.00).
YOU AGREE TO INDEMNIFY AND HOLD CLEARCAUSE™, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS AND VOLUNTEERS HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF: (i) YOUR USE OF THIS WEBSITE; (ii) ANY SERVICE OR INFORMATION PROVIDED THROUGH THIS WEBSITE; (iii) AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY OF YOUR COMMUNICATIONS; (iv) AND ANY VIOLATION OF THIS AGREEMENT BY YOU.
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to its conflicts of law rules. As a condition of the use of this website by you, you agree to submit to the personal and exclusive jurisdiction of the courts located within Minnesota and therefore waive any objection you may have to such jurisdiction.
If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Any failure of ClearCause™ to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between you and ClearCause™.
This Agreement constitutes the entire agreement between you and ClearCause™ regarding the use of this website, information obtained through this website, and the use of the website services. BY CONTINUING TO USE OUR WEBSITE YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. Captions are for convenience only and shall not be used for interpretation.