License Agreement (EULA)
What is the EULA for CleanWaterAction Reminder by We-Care.com?
The following License Agreement have been republished from www.we-care.com/softwareLicense and/or the program's installer.
Important, if you have CleanWaterAction Reminder by We-Care.com installed on your computer or you plan on installing it, please read the Terms below very carefully as there are potential issues that you should understand.
Recommendation: Remove CleanWaterAction Reminder by We-Care.com
The We-Care App (We-Care Software) is provided free of charge, with the intent of helping users receive the full benefits of We-Care.com and all it has to offer. By using We-Care Software, you agree to be bound by the following Software License and We-Care.com's Terms of Service http://www.we-care.com/TOS and Privacy Policy http://www.we-care.com/Privacy
We-Care.com allows nonprofits, schools, associations and other organizations that take contributions ("Causes") to receive donations when their supporters shop online at participating merchants ("Merchants"), as well as engage with or view advertisements from sponsor advertisers ("Sponsors"). We-Care.com is a wholly owned subsidiary of the Internet Marketing group, Ltd., so when we say "we" or "our" or "us" in this end user license agreement (the "Software License"), or when we say We-Care.com, we mean both We-Care.com and the Internet Marketing Group, Ltd. We-Care.com provides the We-Care App (the "We-Care Software"), its website with a URL http://www.we-care.com or http://(causename).we-care.com where the "causename" identified is the cause selected by you or accepted by you as a result of marketing efforts of We-Care.com or a Cause (the "Site"), and related services and applications designed for end users (collectively, the "Services") free of charge. By using the We-Care Software, you are agreeing to be legally bound by the terms set forth in this Software License, and the terms of We-Care.com's Terms of Service, accessible at http://www.we-care.com/TOS. In addition, by using the We-Care.com Software, you are consenting to the data collection, use and disclosure policies described in our Privacy Policy (as defined and further described below).
WeCare.com reserves the right to update and modify, from time to time, this Software License and all documents incorporated by reference. We-Care.com may modify this Software License by posting a new version at http://www.we-care.com/softwarelicense. Your continued use of the We-Care Software after posting any changes constitutes your acceptance of such changes, so please check for updates frequently.
Although the We-Care Software does not automatically collect any personally identifiable information about you (name, address telephone number, or government assigned identification number), it does track certain information about how you use the application, the Causes you support, and how you use the Internet. In addition, you may choose to register at our Site, via social media interactions, via a request made though the We-Care Software or via additional message options and provide us with personally identifiable information about yourself during the registration process. We know that you care about how your information is used and shared. We are committed to using your data respectfully and transparently, and we encourage you to review our privacy policy which is included at the end of this Software License and is also accessible via http://we-care.com/privacy ("Privacy Policy"). Your information, both non personally identifiable information and personally identifiable information, may be transferred to a third party as part of a merger or disposed of as an asset during bankruptcy proceedings.
The We-Care Software, which for purposes of this Software License, includes all updates, new versions and other revisions made available to you, is licensed to you on a worldwide (except as limited in this Software License), non-exclusive, non-sublicenseable basis, on the terms and conditions set forth herein. You may only use the We-Care Software for non-commercial purposes. This means that you may use it at work or at home, but unless you first obtain We-Care.com's written permission, you may not sell, rent, lease, sublicense, publish, assign or otherwise transfer or commercially exploit the We-Care Software. You may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code for the We-Care Software. You also may not delete, alter or remove any copyright, trademark, or other proprietary rights notices that appear in or may be accessed in conjunction with the We-Care Software. Lastly, you may not modify the We-Care Software nor create any derivative work of the We-Care Software without We-Care.com's prior written permission.
All rights not expressly granted to you are reserved by We-Care.com.
Your license to the We-Care Software under this Software License continues until it is terminated by you or by us. You may terminate the Software License by discontinuing use of the We-Care Software and by destroying all your copies of the We-Care Software. This Software License terminates automatically if you violate any provision of this Software License or the Terms of Service. We may terminate this Software License, disable the We-Care Software or cease providing any service at any time.
Software Functionality
By installing the We-Care Software, you understand and agree that when you visit a participating Merchant's website, the We-Care Software may click through a marketing link in the background, or provide you a link to click on with or without an accompanying coupon code. These links inform the Merchant that you are shopping through We-Care.com, allowing a portion of your purchase to be returned to your chosen Cause as a cause marketing donation. The links do not transmit any personally identifiable information or affect your shopping experience in any way, but they do transmit a unique identifier that if you have registered will allow We-Care.com to associate your donation-generating activity with your registration for the purpose of reporting and marketing. When a background link is being clicked by the We-Care Software , a small icon, text message, bar, icon or some other type of image will generally appear above, next to or below the web page you are visiting or within the application thanking you for supporting your Cause. In some instances the software may request or require that you click on a link to enable the donation to your cause. In such cases, your purchase will only be eligible for a donation if you click OK, Continue, Earn Donation, or some similar designation, depending on the version of We-Care Software you are using and the language requested by the merchant partner.
In addition the We-Care Software may now or in the future contain additional functionality. If you would like to disable any functionality contained in the We-Care Software, you may do so within the We-Care Software application settings or you may uninstall the We-Care Software. Additional functionality may include:
The We-Care Software may show you advertising units while you are browsing the Internet (in the form of an overlay, slider, drop down or other ad unit) or while you are using other software. Such ad units will be clearly labeled so that you can determine they are being generated by the We-Care Software, rather than the web site you are visiting or another source. In addition, the We-Care Software may enhance certain web sites you visit by displaying frames, overlays or other enhancements within or alongside the web site being visited. Any such enhancements will also be clearly labeled so that you can determine that they are being generated by the We-Care Software at your request.
The We-Care Software may facilitate the setting of anonymous third-party online behavioral advertising (OBA) cookies on your computer which are then used by advertisers to show you relevant advertising based on your search and/or surfing behavior. Such ads may appear within the We-Care Software as well as on the We-Care.com Site and other websites you are visiting.
The We-Care Software may subscribe you to relevant content and sponsored RSS feeds which will show up within your default RSS reader application (in many cases this application will also be your email reading application). You may unsubscribe from these RSS feed messages using your email application. We may also enable our application to unsubscribe you from the RSS feeds.
The We-Care Software may allow you to engage with advertising or sponsor content where higher levels of engagement result in additional advertiser fees collected from Sponsors and shared with your designated Cause.
The We-Care Software may provide social media related functionality. For example, it may enable you to follow "tweets" from your favorite or chosen cause, display Tweets from Sponsors, suggest Twitter Handles for you to display within the We-Care software or display tweets from a list of "Twitter handles" which you specify. . The We-Care Software may also facilitate interaction with social media sites or services by enabling social media communication appropriate to each social media site's general functionality. For example social media functionality may be enabled for services that include but are not limited to Twitter, Facebook, Pinterest, Tumbler, StumbleUpon or LinkedIn. Within each of the aforementioned social media services, the We-Care Software may facilitate commenting, sharing, liking, tweeting or other social media activity. Of course, you agree to comply with the applicable social media web site's terms of use or terms of service when accessing or uploading to a social media service from the We-Care Software.
The We-Care Software may offer you an opportunity to participate in an online survey with your cause receiving a donation after successful completion of the survey. When possible we will share the resulting donation amount with you when presenting a link to any optional surveys. Survey links will be clearly labeled so that you can determine that they are being generated by the We-Care Software.
The We-Care Software creates research reports based on the aggregate anonoymized activity of users of the We-Care Software (including you) as well as the We-Care Site. Reports may be for internal use or may be sold in order to generate additional revenue for the all Causes, including your selected Cause. We-Care.com, will use commercially reasonable efforts to distribute revenues from research reports on a pro-rata basis based on the value of the research generated by you and those supporting each cause.
The We-Care Software may display sponsored messages, ads or links based on your current site visitation or previous site visitation behavior including previous search behavior on search engines. Depending on the agreement we have with the Sponsor, viewing or interacting with the Sponsor ads may generate donation revenue for your chosen Cause.
In the event that your selected cause terminates or modifies its affiliation with We-Care.com, We-Care.com reserves the right to automatically substitute a similar cause until such time as you make a new cause selection yourself.
Intellectual Property
You acknowledge and agree that the We-Care Software is licensed to you and not sold. You further acknowledge that We-Care.com and its licensors own all right, title, and interest, including intellectual property rights in and to the We-Care Software, and all documentation, services and materials provided to you by We-Care.com in conjunction with the We-Care Software. For purposes of this Software License, "intellectual property rights" means rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
Additional Obligations; Age Limitation
The We-Care Software and related products and services are not available to individuals below the age of 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO INSTALL THE WE-CARE SOFTWARE, AND YOU MUST CANCEL THIS INSTALLATION IMMEDIATELY. By accepting this installation, you are representing and warranting that you are not a minor below the age of 13. You further represent and warrant that you are either the owner or an authorized user of the computer where the We-Care Software is installed. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, and regulations with respect to your use of the We-Care Software and related services. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the We-Care Software or any related services, except to remove the We-Care Software from a computer of which you are an owner or authorized user. We reserve the right to investigate occurrences which may involve such violations, and to cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other technologies that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
Disclaimer of Warranties
THE WE-CARE SOFTWARE AND ANY WE-CARE.COM CONTENT ACCESSED THROUGH THE WE-CARE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, WE-CARE.COM DOES NOT REPRESENT THAT THE WE-CARE.COM SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO, OR YOUR USE OR OPERATION OF, THE WE-CARE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WE-CARE.COM SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF WE-CARE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER WE-CARE.COM, ITS AFFILIATES, OR LICENSORS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE LICENSE OR YOUR ACCESS TO, USE AND OPERATION OF THE WE-CARE SOFTWARE, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE-CARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PRUPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Updates and Support
You understand that we may update the We-Care.com Software at any time, but that we are under no obligation to do so. If we do update the We-Care.com Software, such updates will be deemed part of the We-Care.com Software and will be governed by the terms of this Software License (as may be modified from time to time as described above). The provision of any such updates will not impose an obligation on We-Care.com to furnish any additional updates. As the We-Care.com Software is provided free of charge, we are not under any obligation to provide you with any sort of technical support. However, any technical support we do offer will be in accordance with our standard support policies and may be terminated at any time at our sole discretion.
Electronic Signature
You acknowledge and agree that by checking the "I ACCEPT" box or such similar box or link as may be designated to install the We-Care Software, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Software License. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WE-CARE.COM SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, by other than electronic means.
Third Party Software
If the We-Care.com Software is bundled with or otherwise provided with any third party software and you choose to download, install and/or use such third party software, then your use will be governed by the third party license agreement provided with such software. You agree that We-Care.com is not responsible for any third party software or any content, links or materials accessible through any third party software, and that We-Care.com shall have no liability for your use of any such third party software or related content, links or materials.
Indemnification
You agree to defend, indemnify and hold We-Care.com, its affiliates and licensors, and their respective officers, directors, employees, agents and representatives harmless from and against any liabilities, losses, expenses, costs or damages (including reasonable attorneys' fees, experts' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of any provision of this Software License. We-Care.com may, if it so chooses, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect We-Care.com's rights or obligations shall be made without We-Care.com's prior written approval. We-Care.com reserves the right, at its own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
Export
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer of the We-Care Software to a prohibited country or otherwise in violation of any such restrictions or regulations.
General
This Software License (together with the Terms of Service and Privacy Policy) constitutes the entire agreement between us and you with respect to your use of the We-Care.com Software (unless and until modified by We-Care.com as permitted pursuant to the terms described above). Headings are solely for reference and shall not affect the meaning or interpretation of any term or section of this Software License. The failure of We-Care.com to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any portion of this Software License is 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 this Software License shall be unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction. You may not assign your rights under this Software License without We-Care.com's prior written permission and any attempt by you to do so shall be void. Any provision of this Software License which by its nature must survive the termination of this Software License in order to give effect to its meaning shall survive such termination.
Governing Law; Consent to Jurisdiction; Jury Trial Waiver
This Software License shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. You consent to the personal and exclusive jurisdiction of the federal and state courts sitting in the state of New York. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF THIS SOFTWARE LICENSE.
Contact Us
If you have any questions or concerns about this Software License, please contact us.
We-Care.com
108 West 39th Street Suite 1000
New York, NY 10018
800.768.1399
According to the license agreement provied by We-Care.com, it was effective as of August 26, 2013. For the most up to date Terms or EULA, visit the publisher's website at www.we-care.com/softwareLicense. The above content is the sole property of We-Care.com and replished on this site for transparency purposes only. All questions about these republished terms should be directed to the publisher directly by visiting the publisher's site at http://www.we-care.com/.
How do I remove CleanWaterAction Reminder by We-Care.com?
If you have CleanWaterAction Reminder by We-Care.com installed on your computer, you can easily remove it by downloading "Should I Remove It?", it installs in seconds (just click the download button below).