The following License Agreement have been republished from capradioshops.shoppinganddonation.com/terms-and-conditions.htm and/or the program's installer.
The Shoppinganddonation.com site is operated by Easycause, Inc. (Easycause) as a licensee of the non-profit organization named on the site. Registration is optional. References to the tracking of individual purchases, commissions and donations only apply to registered users. Easycause represents the individual user of the Easycause service (Service). It does not represent advertisers, sponsors or causes. If you sign up with Easycause, become a registered user or use shoppinganddonation.com without becoming a registered user, you are willingly agreeing to the following terms (Terms).
Commissions Commissions are earned by all users who make purchases on partner sites after they have clicked through to the partner site from the shoppinganddonation website or by using other Easycause tools, such as the browser plug-in. Commissions earned by registered users are credited to the users’ accounts, and then disbursed from those accounts to their selected causes. Commissions generated by non-registered users, or registered users not successfully logged-in, are collected and disbursed directly to the cause identified on the shoppinganddonation.com site.
Amazon Commissions on purchases made through Amazon.com are credited to the non-profit cause of choice, but cannot be tracked and/or credited to a registered user’s individual account. Amazon simply does not facilitate or allow tracking of purchases on their site to an individual user level.
Easycause You understand that Easycause will use commercially reasonable efforts to present various online retailers to you. You also understand that Easycause will use commercially reasonable efforts to allow you to designate to your account the commission specified on the shoppinganddonation.com site for purchases that you make from those retailers, for later disbursement to your selected cause. Commission amounts are subject to change at any time by the retailer. Easycause will use its commercially reasonable efforts to display the current commission available
Commission Amounts The purchase amount eligible for commission is typically net after subtracting tax, shipping, promotional discounts, returns or cancellations and other fees. This amount can vary by retailer. You understand that it usually takes 30-45 days for commissions to be credited by the retailer to Easycause. Purchases made but not yet credited can be seen as “pending” transactions on your account status page on shoppinganddonation.com.
Donations To earn commissions on purchases, registered users must start their shopping at a shoppinganddonation.com site, through an Easycause email newsletter, or through use of another Easycause tool, such as the Browser Button. You understand that Easycause will seek to find paying advertisers who wish to reach you in order to show you ads or sell you merchandise. You agree that Easycause will deliver the advertised proceeds resulting from your donation-generating activities to your chosen recipient organization. Easycause will never deduct commissions or fees from the advertised donation rates.
Term Easycause is commissioned by its registered users; the terms of that commission may change on 30 days notice to you. This agreement lasts for 99 years, and is cancelable on 30 days notice by either party.
Personal Information Easycause will not intentionally disclose "personally identifiable" information about you to any third party without your explicit permission, except as may be required by law or action of a court of competent jurisdiction.
Notices Easycause may give notice to you by posting information on the shoppinganddonation.com. Web site or via e-mail. You may give notice to Easycause by emailing [email protected]
or by following the support links on the shoppinganddonation.com site.
Right of Refusal Easycause reserves the right to refuse any registered usership, advertiser, advertisements, or recipient organizations.
Use Limits Easycause or any of its advertisers may limit the number of ads you may get credit for viewing during any given time period. This limit may change without prior notice.
Abuse You understand that Easycause has been created to deliver advertisers with real transactions, real leads and real people viewing their ads. Any action by you that undermines this may disqualify you and your viewing activity. All of your earnings or rebates may be disqualified, at the sole discretion of Easycause, if you attempt to: (1) use Easycause through any means other than through participating sign-up pages; (2) disrupt Easycause or circumvent the these Terms; (3) use automated means to create entries or registrations; (4) register on behalf of another person; (5) provide false or unverifiable information to Easycause; (6) sign up multiple times; or (7) use software that redirects credit for transactions away from Easycause. If any of the above occurs, or if you engage in any other attempts to defraud Easycause or its advertisers, Easycause may remedy the action, disruption or circumvention in a manner, determined solely by Easycause, that it believes is fair and equitable to other registered users, advertisers and causes. Easycause may not notify you when is does so. All information posted and received is subject to final audit.
The Site You may take advantage of the shopping site at shoppinganddonation.com (Site). you understand that Easycause will use commercially reasonable efforts to collect a rebate from the Site merchants, and remit all advertised proceeds resulting from your donation-generating activities to your account, for later disbursement to you or to your selected cause, as applicable. Payment by Easycause is contingent on its receipt of payment from the merchant.
Cash-Backs Some non-profits may invite registered users to keep for themselves a portion of commissions they have earned, sharing the revenue between the user and the organization. The percentage of the cashback earnings available to you will be available in the My Preferences section of the Site.
Exclusions Some purchases may not be eligible for individual cash-back earnings. For example, Amazon.com does not permit partners to track purchases to an individual user. These earnings will still be credited as a donation to the non-profit identified on the shopping site.
Taxes Any tax liability due on individual earnings are your sole responsibility.
Withdrawals You may withdraw your cashback earnings at any time once a minimum earnings level of $15 has been reached. This refers to earnings paid to Easycause by online merchants and deposited in your account, not to pending transactions. There is a $3 administrative fee applied each time earnings are withdrawn. It may take up to 45 days for payment to be sent to you. Withdrawals can be made by notifying Easycause through the link available on the account status page on shoppinganddonation.com.
Age An Easycause registered user must be at least 13 years old.
Active Users Being an active Easycause registered user is important, because being active generates the revenues that allow us to funnel money to your favorite causes. We define an active registered user as someone who has completed the registration form on a shoppinganddonation.com site with valid information and is logged in at the time of purchase. Using Easycause means your having our software (the Browser Button) installed on the computer(s) you use to purchase goods and services on the Internet and the software successfully connecting with our servers. Successfully connecting means that the software is receiving updates, and correctly responding to your internet surfing activity.
License and Updates Easycause grants you a non-exclusive license to install and use our software solely for personal use and only for the purpose of accessing the Service. Easycause and its licensors/suppliers reserve the right to add additional features or functions to our software at any time, without asking your approval. Easycause may require the update of our software on your computer when a new version of the software is released or new features are available. This update or new download may occur automatically when you use the Service. Your continued use of the software will constitute consent to any revised terms listed in this document. Easycause is under no obligation to support the software. Easycause may at any time suspend or terminate this license and disable the software.
Restrictions You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Easycause software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, the software and all rights not expressly granted herein are reserved to Easycause and its licensors/suppliers.
Tax Deductibility We perform a service for our registered users and are not qualified to offer tax advice on the deductibility of any donation that you may make. Use of the Service may allow the commission that you receive from a merchant to meet the structural qualifications of the IRS code such that, if you and your designated organization are qualified, you may take the donation as a deduction. The commission (of monies paid by the registered user to the merchant) provided by the merchant transfers to your control, and you voluntarily determine whether or not to donate that money, and whether or not to donate it to an organization to which donations are "deductible", as defined by the Internal Revenue Service under Â§ 170.
Donations resulting from activities other than purchasing are probably not deductible.
Content not provided by Easycause You should be aware that content presented to you as part of the Service, including but not limited to advertisements and sponsored content, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to us (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by us( or by the owners of the content) in a separate agreement. We reserve the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some parts of the Service, we may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable. You understand that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
Exclusion of Warranty NOTHING IN THESE TERMS, INCLUDING THIS SECTION, WILL EXCLUDE OR LIMIT EASYCAUSE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE.
IN PARTICULAR, EASYCAUSE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (1) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EASYCAUSE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EASYCAUSE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability SUBJECT TO OVERALL PROVISION IN PARAGRAPH TITLED "EXCLUSION OF WARRANTY" ABOVE, YOU AGREE THAT EASYCAUSE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; (2) ANY CHANGES WHICH EASYCAUSE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (4) YOUR FAILURE TO PROVIDE EASYCAUSE WITH ACCURATE ACCOUNT INFORMATION; (5) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON EASYCAUSE’S LIABILITY TO YOU IN THIS SECTION WILL APPLY WHETHER OR NOT EASYCAUSE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Miscellaneous Provisions Sometimes when you use the Service you may (as a result of, or through your use of the Service) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with those other companies or individuals.
These Terms constitute the whole legal agreement between you and Easycause and govern your use of the Service (but excluding any services which Easycause may provide to you under a separate written agreement), and completely replace any prior agreements between you and Easycause in relation to the Service.
You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we may have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You agree that each registered user of the group of companies of which Easycause is the parent or a subsidiary will be third party beneficiaries to the Terms and that those other companies will be entitled to directly enforce, and rely on, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be third party beneficiaries of the Terms.
These Terms, and your relationship with us under these Terms, will be governed by the laws of the State of California, without regard to its conflict of laws provisions. We both agree to submit to the exclusive jurisdiction of the courts located within the county of Placer, California, to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that we will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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