This Site is operated by B-Causes LLC (hereinafter “B-Causes”). These terms and conditions (“Terms”) govern your access to the B-Causes mobile application, the B-Causes website www.b-causes.com and any sites we have now or in the future that reference these Terms (collectively referred to as the “Site”). Your access to and use of the Site is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Site may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.
The term “you” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site. The terms “we,” “our” or “us” shall refer to B-Causes.
The Site is offered to you conditioned on your acceptance without modification of the Terms contained herein. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
USE OF OUR SITE
B-Causes is a platform that allows its members to save money on offers provided by different merchants while donating to charitable causes (“Causes”) that they care about. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw
or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Site is unavailable at any time or for any period.
You must be eighteen (18) years or over in order to use B-Causes and its Site. We do not knowingly collect, either online or offline, personal information from persons under the age of 13.
As a condition of us providing the Site and services available on it to you, you confirm that you will use the Site and the services available for your personal, non-commercial use only.
In order to access, use or receive our services, you need to register and create an account and become a registered user (“Member”). In creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an account, you will be required to provide certain personal information about yourself, such as your name, phone number, email address, credit card details, and other requested information, and establish a username and a password. You may only create and hold one account on the Site for your personal use and must register using a valid credit card. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
PASSWORD AND SECURITY
If you use the Site, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. You are solely responsible for maintaining the security of your account. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Site if in our opinion, you have failed to comply with any of the provisions of these Terms.
You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason, we do not receive payment for a
purchase, we may exercise our rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use or purchase of any of our Services, including sales, use, and excise taxes. All sales are final.
Certain partner merchants (“Merchants”) may offer and advertise their products and/or services on our Site such as, but not limited to, promotions, offers, coupons and vouchers (collectively, “Merchant Offerings”) Any descriptions of the Merchant Offerings advertised on the Site are provided by the Merchant or other referenced third parties. We do not screen or vet Merchants. We are not responsible for any claims associated with the description of the Merchant Offerings or products. Pricing relating to certain Merchant Offerings, products, and other available programs on the Site may change at any time in our sole discretion without notice. You should research what you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products. We do not recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site.
We may, in our sole discretion, verify a Member’s identity prior to processing a purchase. We may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms. Refunds for cancelled orders may be issued where appropriate. We reserve the right, in our sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. We reserve the right, in our sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
Merchants may offer vouchers (“Vouchers”) that are redeemable for certain goods, services or experiences offered by, or facilitated through the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and
release B-Causes and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
By purchasing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (“Fine Print”) and these Terms. These rules apply to all Vouchers that we make available, unless a particular Voucher’s Fine Print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s Fine Print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms will render the Voucher void.
The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in our discretion, without notice.
IN-KIND DONATIONS FOR SALE
The Site provides a platform for different Causes to offer gift certificates or goods (collectively “Items”) to be available for sale.
Certain Items may be available exclusively online through the Site. These Items may have limited quantities and may not be subject to return or exchange. We made every effort to display as accurately as possible the colors and images of the Items displayed for sale on the Site. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of the Items to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All Item descriptions or their pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any Item made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or services will be corrected.
B-Causes is responsible for the operation of the Site only and serves only to facilitate the sale transaction between the Members and the Causes. B-Causes shall retain all costs associated with performance of the services and then shall remit the agreed upon percentage of the remaining proceeds to the Cause after collecting all of the funds from the sale. Such costs shall include, without limitation a payment processing fee, any taxes, or other charges associated with the Items or the provision of services.
IN-KIND DONATIONS FOR AUCTION
The Site provides a platform for different Causes to offer gift certificates or goods (collectively, “Items”) through an online Auction to Members and for the Member with the highest bid at the close of the Auction to purchase. B-Causes is responsible for the operation of the Site only and serves only as an intermediary between Members and the Cause.
By bidding on any item, you agree to purchase the Items at the price you have bid. You agree that should you bid on an Item and that bid is the winning bid, that you are bound to pay B-Causes the winning bid amount for the Item. You further agree that all bids placed under a Member’s Account are considered to be placed by the Member or with the Member’s authorization.
When the Auction goes live, Members are free to place bids on the Item until the Auction closes. As bids are placed, we reserve the right to authorize your credit card for any bid amount placed. Each time you are outbid, we will notify you via email informing you of such. At the close of the Auction, we will review all bids for the Item and if you are the highest bidder we will inform you via email. After the close of the Auction the winning bidder’s credit card will be charged the closing auction price, plus sales tax, and any other applicable costs (“Total Purchase Price”). Upon the close of an Auction, we shall collect the Total Purchase Price directly from the Winning Bidder. B-Causes shall retain all costs associated with performance of the services and then shall remit the agreed upon percentage of the remaining proceeds to the Cause after collecting all of the funds from winning bidder. Such costs shall include, without limitation a payment processing fee, any taxes, or other charges associated with the Items or the provision of services.
All Items will be shipped by the Cause directly to the winning bidder/purchaser. We will provide you with a confirmation email stating that the Item or Items will be shipped to you, and will also include the tracking information for the Item. Any delivery date provided is only an estimate, and it is not a guarantee that an item will be delivered on that particular date. B-Causes, its subsidiaries or affiliates, or any of their employees, officers, directors, or agents are not responsible for any damage or loss incurred to any Item prior to or during shipment.
Use of the Site is limited to the permitted uses expressly authorized by us. To the extent your conduct and/or use of the Site, in our sole discretion, restricts or inhibits any other Member from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account. The Site shall not be used in any way that:
(1) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(2) Is unlawful, fraudulent, or deceptive;
(3) Uses technology or other means to access unauthorized content or non-public spaces;
(4) Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
(5) Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(6) Attempts to damage, disable, overburden, or impair our servers or networks;
(7) Attempts to gain unauthorized access to a B-Causes computer network;
(8) Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(9) Violates these Terms in any manner; or
(10) Fails to comply with applicable third-party terms and conditions or other third-party policies.
INTELLECTUAL PROPERTY RIGHTS
All of the information and other content displayed on, transmitted through, or used in connection with Site, including but not limited to, text, graphics, logos, images, advertising, directories, guides, articles, opinions, reviews, photographs, illustrations, audio clips, video, html, source and object code, software, data, the selection and arrangement of the aforementioned and the “look and feel” of the Site (collectively, the “Content”) is the property of B-Causes and protected by Copyright law and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of
any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of B-Causes or our licensors except as expressly authorized by these Terms.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
NOT A HEALTH OR WELLNESS PROVIDER
B-Causes is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site. A Merchant may advertise goods, services or experiences on the Site, or with respect to products that require Merchant to have an up-to-date regulatory authorization, license, or certification to operate. B-Causes does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant.
THIRD-PARTY LINKS, SITES AND SERVICES
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information on the Site is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
TERMINATION OR MODIFICATION OF SERVICE
We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the Site at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including registrations that, in our sole judgment, appear to be malicious or unlawful. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
LIMITATIONS OF LIABILITY
INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL B-CAUSES’ LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY B-CAUSES THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.
DISCLAIMER OF WARRANTIES
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER B-CAUSES, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS. THE SITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, B-CAUSES HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY
EXPRESS REPRESENTATIONS OR WARRANTIES BY B-CAUSES THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
Using the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writin. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS B-CAUSES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of Content or information from the Site may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these
Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state courts in the State of New Jersey for purposes of any legal action arising out of or related to the use of the Site or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, United States of America, without regard to New Jersey conflict of laws rules. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and B-Causes with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and B-Causes.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Site after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
We welcome your questions or comments regarding these Terms:
2640 Rt 70, Building 1A
Manasquan, NJ 08736
By Email: email@example.com
By Phone: (732) 554-1200
Effective as of November 30, 2017.