|Terms of Service|
Welcome to OneCause! These Terms of Service (the "Terms") will govern Your participation in the OneCause Community, including Your use of any services offered by OneCause (collectively, the "OneCause Community"). By enrolling as a supporter in the OneCause Community, You agree to be subject to the conditions in these Terms.
These Terms are between FreeCause, Inc., a Delaware corporation and the successor to CauseLoyalty LLC ("CauseLoyalty" or "OneCause" or "we", "us" or "our") and You ("You" or "Your").
In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
To participate in the OneCause Community, You must provide truthful, accurate and complete sign-up information. If any such information changes, You must immediately update Your account information. You represent that You are an individual who is at least 18 years old and that You are a U.S. citizen or reside in the United States or its territories.
Your participation is purely voluntary and either You or CauseLoyalty may terminate Your participation in the OneCause Community at any time.
We hereby grant to You a non-exclusive, non-transferable license (without the right to sublicense) for so long as You participate in the Service and adhere to these Terms, to access, participate in and use the OneCause Community and the services offered therein. You agree that You obtain no rights other than the rights and licenses expressly granted in these Terms.
OneCause does not charge any fee to join the OneCause Community. OneCause may receive compensation as a result of certain of Your activities within the OneCause Community. OneCause reserves the right to change these fees or institute new or additional fees at any time.
Designated Nonprofit Organization
When You register with OneCause, and at any time thereafter through Your My Home area, You may designate a nonprofit from the list of nonprofit organizations then participating in the OneCause Community. If You wish to refer a nonprofit organization to OneCause, please contact us at
OneCause is a participant in various arrangements with certain third parties that offer to You as a supporter of the OneCause Community the opportunity to enable Your designated nonprofit organization(s) to receive contributions generated by Your activity. If You complete an eligible and qualifying transaction (for example, a purchase from an online merchant partner's website), then OneCause will contribute to Your designated nonprofit organization in Your name a portion of the funds the funds received by OneCause from a merchant for such qualifying transaction.
If You choose to avail Yourself of one or more of these arrangements, then You acknowledge that these arrangements are operated by third parties and are not under the control of OneCause. We do not set the criteria for what constitutes an eligible or qualifying transaction, nor the amount that is to be paid to OneCause as a result of an eligible or qualifying transaction, and cannot assure You that the applicable third party will remit funds to us even if You have satisfied the criteria for an eligible or qualifying transaction. The amount of potentially eligible contributions is determined by transaction data provided to us by third parties. OneCause is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by such third parties. We are not responsible for any such third party's failure for any reason to pay funds to us. You acknowledge that no contributions will be made to any nonprofit organization until we have received the funds from the applicable third party. The amount eligible for contribution to Your nonprofit is based on the amount that we actually receive from the third party, net of our fees and net of any chargebacks, refunds, or other amounts payable to or offset by the applicable third party. The Website does not determine which purchases are eligible for contributions, nor the percentage of the purchase price that is remitted to the Website.
The eligible portion of funds paid to us are allocated to Your designated nonprofit organization. Such allocated funds are held in a OneCause account until such time as the total contributions to such nonprofit from supporters within the OneCause Community have exceeded a threshold established by OneCause. You acknowledge that such funds are not Your property and You have no claim to such funds or to any interest earned by such funds. Until the aggregate amount of Your contributions exceeds [$100.00], we will withhold the amount of your contribution. If you contribution balance does not reach $100.00 within six (6) months, then we reserve the right to change an administrative fee in the amount of your balance to offset our administrative costs of operating the OneCause Community.
You are solely responsible for determining to us that your designated nonprofit organization is properly qualified or certified as a tax exempt or other form of organization that is able to receive contributions. You also understand and agree that you are not entitled to any tax deduction or other form of compensation or monetary benefit from any contributions that we make on your behalf. As set out in these terms, if the designated nonprofit organization is unable or unwilling to accept any contribution, or we are unable to reach such organization or make payment after using commercially reasonable efforts, any such contribution amounts will be forfeited and applied against fees that we charge in connection with our service.
You agree to provide us with the correct contact information for Your designated nonprofit organization. We will use our commercially reasonable efforts to contact the nonprofit and to make payment of your contribution amounts due in accordance with these terms. If after using our commercial efforts we have not been able to make contact with the designated nonprofit organization for a period of six (6) months, to offset our administrative costs for operating the OneCause Community, we reserve the right to charge an administrative fee in the amount of up to the payable balance to such designated nonprofit organization. In the event that any payment check is returned to us uncashed, we will attempt to contact and make payment up to two (2) additional times. If we are not successful in making payment after such attempts, or if a check that we issued is not cashed and remains outstanding after six (6) months from the original check issue date, then we will retain the funds payable to such organization as our administrative fee for this Service, and You and the organization will forfeit all rights with respect to such amounts. You agree that such Fees are reasonable and appropriate and are essential part of the agreement between You and OneCause, without which OneCause would not agree to provide the Service.
Although OneCause tries to ensure that all transactions are tracked and credited, no system is perfect. If You believe that an eligible transaction You completed has not been credited to Your account within 120 days of the date of the transaction, please contact us at
, include the receipt, the name of the merchant and the amount and date of the transaction, Your name, address and email address registered with OneCause and we will investigate the matter with the applicable third party.
To be eligible for a contribution through the online shopping program, You must begin Your online shopping session at www.onecause.com. If You initiate a purchase but complete it after a different session, or if You click on other links to other webpages before completing the purchase, then Your purchase may not be an eligible purchase. Items returned after purchase will invalidate part or all of the original eligible purchase. website, click on a link to a participating merchant partner, and then make an eligible purchase.
OneCause seeks to obtain coupons and special deals from its online merchant partners. Please note that to receive credit on OneCause for an eligible transaction, you can use only the coupons provided by OneCause. Also, please note that some merchants may not accept coupons, discounts or other arrangements that are offered on our website. In the event of any dispute over any coupon, discount or other promotion, the The amount, scope and duration of such offers are up to these online merchant partners, and OneCause makes no representation that any coupons or special deals will be available to You.
You can find a list of our online merchant partners at www.onecause.com/merchants.
The use of our online shopping program is subject to the FreeCause Shopping Mall Terms of Service (Mall TOS), which may be found here. In the event that any provisions of these Terms of Service conflict with the provisions of the Mall TOS, the provisions of the Mall TOS shall prevail.
To be eligible for a contribution through the neighborhood merchant program, You must register one or more credit and/or debit cards with OneCause, then make an eligible purchase from a participating neighborhood merchant. You can find a list of participating neighborhood merchants at www.onecause.com/neighborhood_merchants.
Affinity Credit Card
The Website has partnered with JPMorganChase ("Chase") to issue credit cards co-branded with our nonprofit partners. If You choose to apply for an affinity credit card, the decision to approve You and the credit limit made available to You are entirely at the discretion of Chase. If You are issued an affinity credit card, a portion of the amount that You spend on each of Your purchases will be an eligible transaction. We reserve the right to terminate this program, or any individual cards, at any time for any reason.
If You wish to apply for the co-branded Chase credit card, click here visa.onecause.com.
OneCause may make available to supporters the OneCause Toolbar (the "Toolbar") to help remind You to shop at OneCause's online merchant partners. Your use of the Toolbar is voluntary and You may remove from Your computer it any time via the ‘Add or Remove Programs' Control Panel or directly from the Toolbar. You may also use the Toolbar to conduct internet searches; each eligible search through the Toolbar constitutes an eligible transaction. The use of our Toolbar is subject to the FreeCause Toolbar End User License Agreement (EULA), which may be found here. In the event that any provisions of these Terms of Service conflict with the provisions of the EULA, the provisions of the EULA shall prevail.
If You choose to install the Toolbar on Your computer, You acknowledge and agree that CauseLoyalty grants You a non-exclusive license to install and use the Toolbar solely for Your personal use. CauseLoyalty may modify the Toolbar software from time to time, and You hereby agree that we may automatically install such modifications to Your computer without first asking for Your approval. CauseLoyalty is not obligated to support the Toolbar, and may at any time suspend or terminate Your license and disable the Toolbar software installed on Your computer.
You represent that You are not a resident of, and agree that You may not download or otherwise export the Toolbar software into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals.
The use of our Toolbar is subject to the FreeCause Toolbar End User License Agreement (EULA), which may be found here: http://www.freecause.com/privacy_toolbareula/. In the event that any provisions of these Terms of Service conflict with the provisions of the EULA, the provisions of the EULA shall prevail.
It is important to Your designated nonprofit and to OneCause that You actively participate in the OneCause program. Aggregate contributions to our participating nonprofit organizations must exceed a threshold set by OneCause before any contributions are made to the nonprofit organization. If no contributions have been made to Your designated nonprofit organization within a twelve month period, the nonprofit's account will be subject to inactivity fees and the nonprofit's account may be terminated.
You agree that You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with Your participation in the OneCause Community.
Our Website may make available to You certain tools allowing You to communicate with fellow supporters, invite friends and family to become supporters, and upload and review content of interest to the OneCause Community. Participation in these forums is subject to the terms set forth herein.
The OneCause Community may allow You to upload information, data, text, documents, software, music, sound, photographs, graphics and/or video (collectively, "content") and to view content uploaded by other supporters. OneCause does not guarantee the accuracy, completeness or usefulness of any content, nor are we responsible for any loss or damage caused by Your reliance on information obtained from this website or in a hyperlinked site. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on our website by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the supporter submitting any such Content.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by You, or to restrict, suspend, or terminate Your access to all or any part of the OneCause Community at any time, for any or no reason, with or without prior notice, and without liability. We expressly reserve the right to remove Your profile and/or restrict, suspend, or terminate Your access to the OneCause Community if we determine, in our sole discretion, that You pose a threat to our website and/or its other users.
If You choose to post Content to our website, You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information You upload, post, display or otherwise provide. You represent and warrant that: (i) You own the Content posted by You on our website or otherwise have the right to grant the license set forth in this Paragraph; (ii) Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights, or any other rights of any person; and (iii) the posting of Content on our website does not result in a breach of any contract between You and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content You post on our website. As used in these Terms, "Intellectual Property Rights" means technology, templates, designs, websites, methodologies, processes, names, strategies, marks, logos, content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright and other intellectual property and proprietary rights therein and thereto.
The following is a partial list of the type of Content that is illegal or prohibited to post on or through our website. Prohibited Content includes, but is not limited to Content that:
This website is protected by copyright, trademark, and other laws and we own and retain all rights in our content on the website. We hereby grant You a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for Your personal use in connection with viewing and utilizing the Website for its intended purposes.
OneCause allows You to communicate with fellow OneCause supporters and with friends or family outside the OneCause Community. By using any such communication tools, You agree to comply with these Terms of Service. Certain of these tools may, with Your consent, upload email or other information from Your computer. By using such communication tools, You acknowledge that You have authorized OneCause to access and upload such information and to send email or other communications to those email addresses that You designate. Our use of this data is subject to the Privacy Policies.
You agree that any use of email to supporters of the OneCause Community or using tools available to You through the OneCause Community must comply in all respects with these Terms of Service and any and all applicable laws, including the requirements of the Can Spam Act of 2003 and the rules promulgated thereunder.
As a supporter in the OneCause Community, it is important that we be able to communicate with You. You hereby consent to the receipt of all communications from us electronically through either (i) access to Your account on our website or (ii) the email address that You provide to us in Your account information.
Electronic communications are presumed to be delivered to and received by You when sent by us, whether actually received or not. You acknowledge that You have access to hardware and software that will enable You to receive and read such correspondence in electronic form. You may withdraw Your consent by changing your Email Preferences via Your My Home page, but if You do so we reserve the right to terminate your participation in the OneCause Community.
Please see the Privacy Policies for additional details with respect to how we maintain and respect the privacy of Your personal information. You agree to our collection, use and sharing of Your information as set forth in the Privacy Policies.
Use of the OneCause or CauseLoyalty Names
No Reverse Engineering
You will not make unauthorized modifications, reverse engineer, disassemble, decompile or attempt to derive source code of any feature of the OneCause Community, including but not limited to any services offered through the OneCause Community.
You may not use any name, trademark, service mark, domain name or other Intellectual Property Rights of any third party in connection with Your participation in the OneCause Community in any way or for any purpose that infringes or violates any Intellectual Property Rights or other rights of such third party.
You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation in the OneCause Community.
You agree that Your use of the OneCause Community shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees.
THE ONECAUSE COMMUNITY AND ALL SERVICES OFFERED THROUGH THE ONECAUSE COMMUNITY ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE."
ONECAUSE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, ADVERTISERABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF THE ONECAUSE COMMUNITY OR ANY SERVICES OR OFFERINGS OFFERED THEREIN OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation On Liability
If You reasonably determine that any service provided through the OneCause Community does not materially meet our obligations under these Terms, then You must notify us in writing within ten (10) days of receiving any such allegedly nonconforming services. Your failure to so notify us on a timely basis shall mean that You accept such services, and we shall thereafter have no liability whatsoever with respect to such services. If You provide us with such a notice, we may, at our sole discretion, reperform the service in question or otherwise provide You with any substitution or replacement services in lieu thereof. Any reperformance or provision of substitute or replacement services shall in no event be construed as an admission that the original service was nonconforming or otherwise improper, and Your acceptance of the same constitutes Your sole remedy and in such case constitutes our maximum liability for any such alleged breach of these Terms.
IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON ONECAUSE OR ANY ONECAUSE RELATED PARTY, THEN YOU AGREE THAT THE TOTAL LIABILITY OF ONECAUSE OR ANY ONECAUSE RELATED PARTY, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT ONECAUSE IS PROVIDING THE SERVICE TO YOU AT NO CHARGE TO YOU.
NONE OF ONECAUSE OR ANY ONECAUSE RELATED PARTY WILL BE LIABLE TO YOU (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.
Any claim or cause of action arising out of Your use of the OneCause Community, these Terms or any other written OneCause policy must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless OneCause any OneCause Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on:
2. any conduct, or activity, error or omission by You, including in relation to Your participation in the OneCause Community or use of any service provided therein,
3. any violation by You of any law, regulation or rule, and/or
4. any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.
Upon prior written notice, OneCause may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of these Terms. We may also, in our sole discretion, add, remove, suspend or discontinue any aspect of the OneCause Community.
YOUR CONTINUED USE OF THE ONECAUSE COMMUNITY AND/OR ANY SERVICE OFFERED THEREIN AFTER NOTICE IS GIVEN TO YOU OF ANY CHANGE TO THE ONECAUSE COMMUNITY, OR AMENDMENT TO THESE TERMS SHALL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH CHANGE OR AMENDMENT. IF YOU DO NOT WISH TO ACCEPT SUCH CHANGE OR AMENDMENT, THEN YOU MUST TERMINATE YOUR ACCOUNT WITH ONECAUSE AND CEASE USING THE ONECAUSE COMMUNITY.
You or OneCause may, at any time, with or without cause, terminate these Terms and Your participation on the OneCause Community. You may effect such termination through Your Account Area or by written notice to OneCause subject to actual receipt thereof. Alternatively, OneCause may, in its sole discretion, suspend, limit, restrict, condition or deny Your access to or use of all or any part of the OneCause Community.
Upon any termination of these Terms, Your right to use the OneCause Community will terminate, and any and all licenses and rights granted to You under these Terms shall immediately cease and terminate. All rights or remedies arising out of a breach of any of these Terms shall survive any such termination of these Terms.
Any provision which by its terms are intended to survive any expiration or termination of these Terms, will survive any expiration or termination of these Terms. Your representations and warranties in these Terms shall survive execution, delivery, acceptance, performance, expiration or termination of these Terms.
The parties are independent contractors and nothing in these Terms shall confer upon either party any authority to obligate or bind the other in any respect.
OneCause shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of OneCause, whether or not similar to the foregoing.
You shall not assign or delegate any of the rights or obligations under these Terms, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, these Terms are binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
If any portion of these Terms are held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. If any provision of these Terms shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without regard to its conflicts of law principles. You consent to the personal and exclusive jurisdiction of the Federal and Massachusetts state courts sitting in Suffolk County, Massachusetts, U.S.A.. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT. The U.N. Convention on the International Sale of Goods shall not apply to these Terms.
These Terms are the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of these Terms and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of these Terms. The headings of sections or other subdivisions of these Terms will not affect in any way the meaning or interpretation of these Terms.
OneCause may provide notices to You by posting notices or links to notices in Your My Home Messages area. Notices to You also may be made via e-mail, regular mail, overnight courier or facsimile at Your contact addresses of record as provided to us through Your sign-up information. If You provide notice to OneCause, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: CauseLoyalty, c/o FreeCause, Inc., 294 Washington Street, Suite 1150 Boston, MA 02109. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by an authorized personnel member of OneCause.