Terms and Conditions

/Terms and Conditions
Terms and Conditions 2017-10-24T14:36:39+00:00

Website Terms & Conditions

 Welcome to the Depart Smart™ dba ClearCause Foundation website. Throughout this Agreement, we will be referred to as Depart Smart. 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 the 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 Depart Smart 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 Depart Smart, 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 copyrighted, 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 libelous, 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. DEPART SMART 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. DEPART SMART 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 Depart Smart.

 4. DONATIONS, REFUNDS & CANCELLATIONS TO DEPART SMART

Depart Smart is a 501c(3) organization who has earned the Guidestar Partner seal. Depart Smart focuses on safety initiatives and public outreach, educating students, parents, travelers, missions and other third parties as to issues involved in the safety of international travels. Donations made to Depart Smart are tax-deductible according to IRS guidelines.  In accordance with Internal Revenue Service (IRS) rules, Depart Smart 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, Depart Smart recognizes circumstances wherein reversal of transactions is 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.  Depart Smart staff will provide support documentation in an effort to resolve Charge Back case in favor of Depart Smart. However, Depart Smart is unable to resolve such cases and the case is referred to pre-arbitration, Depart Smart 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 considered complete and unrestricted.  However, Depart Smart will not issue any further regrants of donor-advised funds until it receives additional 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.  Depart Smart retains sole authority to determine the exact criteria of a Gross Error transaction.  A Gross Error transaction refund will only be considered if Depart Smart has not yet regranted funds to the designated fundraiser. Once funds are regranted, the donor should contact the fundraiser in order to attempt to correct the error.

5. INFORMATION COLLECTION, USE & PRIVACY

Depart Smart may obtain information about you because you have requested information from Depart Smart have signed up for our newsletters or other information, have purchased products through our website. Depart Smart 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 are 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 Depart Smart 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, Depart Smart use will make available reports identifying, where available, your name, address, email, and transaction accounting details.  If you are a fundraiser for Depart Smart, reports will be made available to you on your registered fundraising page on the Depart Smart 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.

6. LINKS

The Depart Smart website may contain links to other sites, including sites where you may purchase products advertised on this website. These sites are not controlled by Depart Smart and Depart Smart 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 DEPART SMART SUFFERS

As a result of your actions, breach of these terms and conditions, representations or warranties.  You agree to indemnify and hold harmless Depart Smart 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 Depart Smart with full cooperation as deemed reasonable when we execute our right to take over the exclusive defense of any and all claim to 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, DEPART SMART 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 DEPART SMART 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).

9. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD DEPART SMART, 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.

10. MISCELLANEOUS

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 Depart Smart 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 Depart Smart.

This Agreement constitutes the entire agreement between you and Depart Smart 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.