In these Terms, we refer to those raising funds as “Campaign Owners” and to their fundraising campaigns as “Campaigns.” We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions.” Campaign Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
CauseEDU is a Platform
CauseEDU is an online crowdfunding platform for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. CauseEDU makes no representations about the quality, safety, morality or legality of any Campaign or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. CauseEDU reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Campaigns, including using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of CauseEDU, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.
Political campaigns, electoral campaigns, and campaigns run by PACs (Political Action Committees) are also prohibited on CauseEDU.
Prohibition of Perks and Offerings
Campaign Owners are not permitted to offer or provide products or services on our platform.
CauseEDU is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- bypass any measures CauseEDU may use to prevent or restrict access to the Service;
- run any form of auto-responder or “spam” on the Service;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
- take any action that imposes, in CauseEDU’s sole discretion, an unreasonable load on CauseEDU’s infrastructure;
CauseEDU reserves the right to remove Campaigns and terminate User Accounts for such activities.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
- incorporate CauseEDU colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- include any visual element that could be interpreted to have been produced by CauseEDU, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by CauseEDU.
Disputes between Campaign Owners, Third Parties and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors. CauseEDU does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to fulfill any of its commitments to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have been disbursed to the Campaign Owner, then it is the Campaign Owner’s responsibility to issue refunds to Contributors.
CauseEDU is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify CauseEDU immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information CauseEDU may reasonably request and to answer truthfully and completely any questions CauseEDU might ask you in order to verify such User’s identity.
License to Users and Use of Trademarks
CauseEDU grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content (defined in the User Content paragraph below), all content made available through the CauseEDU platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of CauseEDU or other Campaign Owners.
Campaign Owners will respond promptly and truthfully to all questions posed to them by CauseEDU or any Contributor. Campaign Owners will provide substantive and quality updates in a reasonable time to their Contributors. Failure to do so may result in the Campaign being closed. If any Campaign Owner is unable to fulfill any of its commitments to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.
Your location as reflected on your Campaign page must match your legal residence that you submit to CauseEDU when you create the Campaign. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in CauseEDU removing the Campaign(s) from CauseEDU, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds. CauseEDU will not be required to disburse Campaign funds to any third parties.
CauseEDU may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to CauseEDU’s review of the fulfillment status of prior crowdfunding obligations.
If the amounts raised by a Campaign on CauseEDU exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by CauseEDU in its sole discretion), CauseEDU may withhold a percentage of the Campaign funds for period of time as determined by CauseEDU in its discretion and in accordance with Campaign reviews. The minimum goal set by a Campaign Owner must be at least $500.
You acknowledge that as a Campaign Owner, if you do not act in accordance with CauseEDU’s Terms, CauseEDU may obtain reimbursement of any amounts owed by a Campaign Owner to CauseEDU by holding funds from your Campaign, or from the connected Stripe or bank account associated with your Campaign, or by seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections services.
Confidentiality and Privacy & Data Security
“Confidential Information” shall include (i) all documents and verbal communications which relate to the products or businesses of either party and which (A) are disclosed by disclosing party to the receiving party, and (B) are confidential and proprietary to a party, (ii) the contents of this Agreement including, but not limited to, a description of the Services, (iii) the fees payable to CauseEDU hereunder, (iv) Backer personal information.
- Each party agrees not to disclose such Confidential Information to others (except its employees and subcontractors who reasonably require same for the purposes hereof and who are bound by a like obligation as to confidentiality) or to use it for purposes other than internally as necessary to perform its obligations under this Agreement, without the other party’s express written permission, except when Confidential Information received from CauseEDU (i) can be demonstrated by written records to be known to Campaign Owner at the time of receipt without restriction, (ii) was subsequently otherwise legally acquired by Campaign Owner from a third Party having an independent right to disclose the information without restriction, (iii) is now or later becomes publicly known without breach of this Agreement, Statement of Work, or any other agreement, (iv) is required to be disclosed by order of a court, administrative agency, or other governmental body provided that Campaign Owner has given reasonable advance notice to allow CauseEDU the opportunity to seek a protective order or otherwise prevent or limit such disclosure or (v) is or has been independently developed by employees of Campaign Owner without reference to the Confidential Information, and such development can be substantiated in writing. Campaign Owner’s obligations of confidentiality and non-use shall be in force during the term of the Agreement or any applicable Statement of Work and any extension thereof and shall extend for a period of three (3) years from the expiration or termination of the Agreement.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. CauseEDU does not guarantee that Contributions will be used as promised or that the Campaign will achieve its goals. CauseEDU does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees“). By using the Services, Users agree to our Service Fees. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
CauseEDU does not offer refunds for donations to campaigners, except as required by law. Contributors should contact the Campaign Owner directly regarding refunds.
Taxing authorities may (in the future) classify funds raised on crowdfunding campaigns as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Campaigners are solely responsible for their tax liabilities.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content“). Users grant CauseEDU a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and CauseEDU, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
Credit card payment processing services for Campaign Owners on CauseEDU are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By continuing to operate as a Campaign Owner on CauseEDU, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to CauseEDU enabling credit card payment processing services through Stripe, you agree to provide CauseEDU accurate and complete information about you and your business, and you authorize CauseEDU to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a contribution to a Campaign on CauseEDU, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify CauseEDU of the chargeback. CauseEDU may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies CauseEDU through the payment processor, CauseEDU will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
If the disputed transaction has already been disbursed to the Campaign Owner, CauseEDU will hold funds from the Campaign’s future disbursement(s) to cover the cost of the chargeback. Once notified of the financial institution’s decision, CauseEDU will take appropriate the action as specified above.
By using our Services, you acknowledge that CauseEDU reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Campaign Owner does not act in accordance with CauseEDU’s Terms, or other situations resulting in negative balances.
We may obtain reimbursement of any amounts owed by a Campaign Owner to CauseEDU by holding funds from your Campaign, or the connected Stripe or bank account associated with your Campaign, or seeking reimbursement from the Campaign Owner by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.
Each User agrees to defend, indemnify and hold harmless CauseEDU, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. CauseEDU may assume the exclusive defense and control of any matter for which Users have agreed to indemnify CauseEDU and each User agrees to assist and cooperate with CauseEDU in the defense or settlement of any such matters.
CauseEDU has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Waiver and Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
CAUSEEDU (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO CAUSEEDU FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAUSEEDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow CauseEDU to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then CauseEDU’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, CauseEDU does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
Users agree that any claim or dispute arising out of or relating in any way to their use of the Services or any service provided by CauseEDU, will be resolved solely and exclusively by binding arbitration, rather than in court, except that they may assert claims in small claims court if their claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Massachusetts shall govern this Agreement, and shall be used in any arbitration proceeding.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by CauseEDU without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but CauseEDU may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. CauseEDU merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
CauseEDU makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws“), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC“) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree CauseEDU may provide notifications to such User via email, written or hard copy notice, or through posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between each User and CauseEDU regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. CauseEDU’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
CauseEDU may alter the Terms at any time, so please review them frequently. If a material change is made, CauseEDU may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at CauseEDU’s sole discretion, in good faith, and using common sense and reasonable judgment.