THE CARES ORGANIZATION, INC.

TERMS AND CONDITIONS

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Terms and Conditions For Website, Mobile Apps, and Payments

Terms of Use

Welcome to The Cares Organization (“the Organization”, “TCO”). By using this website and mobile apps, you have accepted the terms and agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using the website and mobile apps. If you do not agree to these terms, please do not use the website or mobile apps. 

Intellectual Property

The content, design, graphics, text, and other materials on this website are owned or licensed by the Organization and protected by intellectual property laws. You may not reproduce, distribute, modify, or otherwise use any of the content without prior written consent from the Organization.

Accuracy of Information

While we strive to provide accurate and up-to-date information on our website, we cannot guarantee the accuracy, completeness, or reliability of any information provided. Use the information at your own discretion and verify any information before making decisions based on it.

User Conduct

When using the website, you agree not to:

• Violate any applicable laws or regulations.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any portion of the website.
• Use the website in a manner that could interfere with, disrupt, or compromise the security or functionality of the website.

Links to Third-Party Websites

This website may contain links to third-party websites. These links are provided for your convenience, and the Organization does not endorse or have control over the content of these external websites. We are not responsible for the content, accuracy, or practices of these websites.

Refund Policy

The Cares Organization does not provide refunds for gifts, donations, membership dues, or any other form of payment sent in physically, online, mobile, banking, or a third party platform. If there is a transaction issue, please immediately contact: CustomerService@TheCaresOrganization.org.

Terms and Conditions for Events

These are the terms and conditions (the “Agreement”) governing your participation, and that of your guests, in any THE CARES ORGANIZATION owned and operated Live or Virtual Events, including but not limited to Meetings, Conferences, Podcasts, Webinars, Retreats, Summits, Receptions, and other such gatherings (the “Event”). By registering for the Event, you agree to these terms which form a binding legal contract between the Event owner and host, The Cares Organization, Inc., (“THE CARES ORGANIZATION” or “Owner and Organizer”) and the registered participant (“you” or “Participant”) and your guests. If you are registering on behalf of another individual, or have invited guests to participate with you, it is your responsibility to ensure the person(s) participating is(are) aware of these terms and accept them. By completing the registration on behalf of yourself you agree to comply with and be bound by the following terms and conditions. By completing the registration on behalf of another individual you are warranting and implying that you are aware and have made the Participant(s) aware of these terms and that they have accepted these terms. 

Participation Requirements

Cost of Access – Your registration entitles you to access to the Event and to the outlined benefits and scheduled event activities for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and Event shall have no liability for such costs.

Membership Status – In order to obtain access to an Event of THE CARES ORGANIZATION, attendee must be an invited guest of The Cares Organization or of individuals invited by The Cares Organization, a Director, Officer, Member class, Founder, Donor, Sponsor, or a member in good standing with dues up to date at the time of registration and at the time of the event. If someone registers as a member and their membership expires prior to the event, THE CARES ORGANIZATION has the right to cancel their registration if they do not renew. Some chapters require an application process; if the attendee cannot get their membership processed before the date(s) of the Event, THE CARES ORGANIZATION will evaluate the individual situation.

Use of Likeness and Appearance Release – By participating in an Event of THE CARES ORGANIZATION, you acknowledge and agree to grant THE CARES ORGANIZATION full rights and release to record, film, live stream, photograph, or capture your likeness, name, voice, mannerisms, characteristics and any other biographical material concerning you revealed or captured in connection with Events, in any media now available or hereafter developed and to distribute, broadcast, use, copyright, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you, your guests, nor any payment to you. This grant to THE CARES ORGANIZATION includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media. For good and valuable consideration, the receipt and sufficiency of which is acknowledged. You understand that THE CARES ORGANIZATION will be the sole owner of the results and proceeds of said media assets (“Materials”), with the exclusive right, throughout the world, including under copyright, to use and to license others to use, all or any portion of the Materials, in any manner and in any and all media of any kind, now known or hereafter discovered or developed, whether in or in connection with the Event or in ways not related to the Event, throughout the universe, in perpetuity.  Such rights shall include, but not be limited to, using Materials in the promotion of the Event and/or of THE CARES ORGANIZATION. Furthermore, THE CARES ORGANIZATION shall not be obligated to use any of the Materials in the Event or otherwise. You further represent that any factual statements made by you to THE CARES ORGANIZATION, or in connection with the Event are true, to the best of your knowledge, and that neither your appearance nor any statements made by you will violate or infringe upon the rights of any third party. You waive any right of inspection or approval of your appearance or any of the Materials related to the Event. You acknowledge that THE CARES ORGANIZATION will rely on this permission, potentially at substantial cost to the organization, and you agree not to assert any claim of any nature whatsoever (including any claims for injunctive relief or money damages, all of which you hereby knowingly waive) against anyone relating to the exercise of this permission or to the use of the Materials by THE CARES ORGANIZATION. You agree to release, defend, indemnify and hold THE CARES ORGANIZATION, its Officers and Directors, harmless from any and all claims, demands, costs (including outside attorneys’ fees) and causes of action of any kind or nature whatsoever now and in the future, including without limitation defamation, disparagement, bodily harm, infliction of emotional distress and invasion of privacy, arising out of or in connection with your appearance, statements or actions in or in connection with the Event.

Event Content – You acknowledge and agree that THE CARES ORGANIZATION, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.

Use of Registrant Contact Information – By registering for this Event, registrants give permission for their contact information to be shared with other registrants, associated third‐party vendors, event sponsors and be included in the Event Attendee List. If a registrant would like to opt‐out, a written request must be sent to: Events@TheCaresOrganization.org. The Attendee List may not be reproduced, copied or disseminated, entered into a computer database, used as part of or in conjunction with a mailing list, or otherwise utilized except for your individual, personal and confidential reference. Use of the data in the Attendee List to send unsolicited marketing e‐mails (“spam”) is not permitted. Infractions are monitored and may result in legal or disciplinary action, which may include cancellation of membership and/or future THE CARES ORGANIZATION virtual and live events.  

First Come First Serve –  You hereby acknowledge that Event registrations for participation and/or sponsorships are available on a First Come First Serve basis upon payment received. Payment is due and payable upon execution of a sponsorship agreement, terms and payment, which must be signed and completed through the online portal, mobile app, or received via email to process a transaction

Cancellation Policy – No cancellations, refunds, or changes are allowed.

Force Majeure – In the event of cancellation by either party, you or THE CARES ORGANIZATION, due to government regulation, natural disaster, or a pandemic making it illegal or impossible to hold the event, this agreement remains valid and in full force. The event will be postponed and/or moved to a different location at the sole discretion of the event organizer.

Prohibited Conduct

Limitations on Use – By registering for an Event, you agree not to sell, trade, transfer, or share your paid or complimentary access link unless such transfer is granted by THE CARES ORGANIZATION. If THE CARES ORGANIZATION determines that you have violated this policy, THE CARES ORGANIZATION may cancel your access, retain any payments made by you, cancel your membership, and ban you from future THE CARES ORGANIZATION virtual and live events.  

Disruptive Conduct – You acknowledge and agree that THE CARES ORGANIZATION reserves the right to remove you from the Event if THE CARES ORGANIZATION, in its sole discretion, determines that your participation or behavior create a disruption or hinders the Event or the enjoyment of the Event content by other participants.

Recording & Broadcasting – Participants may not record or broadcast audio or video of sessions of THE CARES ORGANIZATION Events. Participants may not record any one‐on‐one meetings, group discussions, virtual or live networking, or any other activity with other Participants without prior written consent from all other Participants in the conversation.

Unethical Practices – THE CARES ORGANIZATION reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non‐compliant business practices.

Additional Exclusions – THE CARES ORGANIZATION may also exclude any prospective participant from registering for or participating in any Event, in THE CARES ORGANIZATION’s sole discretion.

Anti‐Harassment Policy – THE CARES ORGANIZATION is dedicated to providing a harassment‐free Event experience for everyone. THE CARES ORGANIZATION does not tolerate harassment of any form.

Release from Liability

THE CARES ORGANIZATION and its Directors, Officers, Members, Employees, Agents, representatives and successors shall not be liable for, and are hereby released from, any claims, liabilities, losses, damages, costs or expenses relating to or arising out of any injury to any other person or any loss of or damage to any property of registrants or any other property where such injury, loss or damage is incident to, arises out of or is in any way connected with the registrant’s participation in the Event, and the registrant shall be responsible for any such injury, loss or damage or any expenses relating thereto, and the registrant hereby agrees to protect, indemnify, hold harmless and defend THE CARES ORGANIZATION and its Directors, Officers, Employees, Members, Agents, representatives and successors against all such claims, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees and costs of litigation; provided that the foregoing shall not apply to injury, loss or damage caused by or resulting from the sole negligence of THE CARES ORGANIZATION and its Directors, Officers, Members, Employees, Agents, representatives and successors. In addition to the foregoing, the registrant agrees that it will make no claim of any kind against THE CARES ORGANIZATION and its Directors, Officers, Members, Employees, Agents, representatives and successors for any injury, loss, cost or damage of any nature or character whatsoever, including without limiting the foregoing, any claim for damage to the registrant’s business by reason of the failure to the hold the Event or for any action of THE CARES ORGANIZATION and its Directors, Officers, Members, Employees, Agents, representatives and successors in relation to the Event.

 

Additional Terms and Conditions for Website, Mobile Apps and Events

Privacy Policy

Your use of this website, mobile apps, and events is also governed by our Privacy Policy, which can be found at: TheCaresOrganization.org/PrivacyPolicy. 

Disclaimer of Liability

The content on this website, mobile apps, and events is provided “as is” without any warranties of any kind, either express or implied. The Organization disclaims all liability for any damages arising out of your use or inability to use the website, mobile apps, and events.

Changes to Terms of Use

The Organization reserves the right to modify these Terms and Conditions at any time. Your continued use of the website, mobile apps and events after any such changes indicates your acceptance of the modified terms.

Electronic Signature and Electronic Delivery Consent 

Electronic Signature Agreement

By creating an account on The Cares Organization (hereafter referred to as the “Company”), you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By creating an account, you consent to be legally bound by this Agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining an account with the Company constitutes your agreement to be bound by the terms and conditions of the Company’s Terms of Service and Privacy Policy as they exist on the date of your E-Signature.

Consent to Electronic Delivery

You specifically agree to receive and/or obtain “Electronic Communications” from the Company. The term “Electronic Communications” includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship to the Company. You acknowledge that, for your records, you are able to retain the Company’s Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via your account with the Company as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.

Paper version of Electronic Communications

You may request a paper version of an Electronic Communication. You acknowledge that the Company reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication contact us at: +1 (855) WAYS.TO.GIVE or by email at: Compliance@TheCaresOrganization.org. 

Revocation of Electronic Delivery

You have the right to withdraw your consent to receive/obtain communications via your account with the Company at any time. You acknowledge that the Company reserves the right to restrict or terminate your access to your account with the Company if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at: +1 (855) WAYS.TO.GIVE or by email at: Compliance@TheCaresOrganization.org. 

Valid and Current Email Address, Notification and Updates

Your current valid email address is required in order for you to obtain Electronic Communications from the Company. You agree to keep the Company informed of any changes in your email address. You may modify your email address by logging into your account on the Company’s website. The Company may notify you through email when an Electronic Communication or updated agreement pertaining to your account is available.

Controlling Agreement

This Agreement supplements and modifies other agreements that you may have with the Company. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement. It is recommended that you print a copy of this Agreement for future reference.

Governing Law

These Terms and Conditions are governed by the laws of Delaware, USA. Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts located in Delaware.

Contact Information

If you have any questions about these Terms and Conditions, please contact us directly at: CustomerService@TheCaresOrganization.org.  

Terms and Conditions For Charitable Crowdfunding

 

Welcome to The Cares Organization’s charitable crowdfunding platform! We are thrilled to have you as part of our community. Before you begin crowdfunding for charitable causes, please take a moment to read and understand these Charitable Crowdfunding Terms of Use. By using our platform, you agree to abide by these terms, which are designed to ensure a positive and safe experience for all users.

Acceptance of Terms:

By accessing or using The Cares Organization’s charitable crowdfunding platform, you agree to comply with these Terms of Use and any other policies or guidelines provided on our platform. If you do not agree with these terms, please refrain from using our services.

Charitable Purpose:

Our platform is dedicated to charitable fundraising. You agree to use our services only for fundraising activities that are consistent with charitable purposes and in compliance with all applicable laws and regulations.

Project Creation:

When creating a crowdfunding campaign on our platform, you agree to provide accurate and truthful information about yourself and the charitable cause you are supporting. Misleading or fraudulent campaigns will not be tolerated. Media assets provided must be personal, proprietary, or licensed.

Donations and Contributions:

Users can make donations or contributions to charitable campaigns on our platform. You acknowledge that all donations are made voluntarily, and refunds are not accepted.

Fees:

In addition to the funds allocated towards our nonprofit for operations, we may charge standard  fees for using our platform, as well as fees charged by third-party financial institutions or payment processors, which will be clearly outlined during the crowdfunding campaign creation process. You agree to any and all applicable fees which will be automatically deducted from the fundraiser proceeds.

Prohibited Activities:

You agree not to engage in any of the following activities:

• Violating any laws or regulations.
• Harassing, threatening, or harming others.
• Uploading malicious software or engaging in any form of hacking or cyber-attacks.
• Impersonating others or providing false information.
• Using our platform for commercial purposes without our express consent.
• Posting content that is offensive, defamatory, or violates the rights of others.

 

Intellectual Property:

All content on our platform, including text, graphics, logos, and trademarks, is protected by intellectual property laws. You may not use, reproduce, or distribute this content without permission.

Privacy:

We value your privacy and collect and use your data in accordance with our Privacy Policy. By using our platform, you consent to our data practices as outlined in the Privacy Policy.

Amendment of Terms:

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding, and their translations in other languages are for convenience only. In case of discrepancies between the English version of these Terms of Service and their translations, the English version shall prevail. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

Donations at Your Own Risk:

All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. We do not guarantee the success or fulfillment of any charitable campaign and are not responsible for how the funds are ultimately utilized by the nonprofit. Please exercise due diligence and make informed decisions when contributing to charitable causes on our crowdfunding platform.

Donations to Non-Profit Organizations (Charities):

If you are a Donor to a non-profit organization, established as such under the applicable laws of incorporation (“Charity”):

1. You are not permitted to impose restrictions on the use of such Donation by the Charity. To the extent that you make a Donation in response to an appeal for a particular program of a Charity, or to the extent that you purport to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only, and the Charity shall have full discretion to determine how all Donations will be used.
2. You should consult your tax advisor as to the amount of your Donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction. The Cares Organization makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax-deductible or eligible for tax credits. The Cares Organization will have no liability for any claim by any federal, state, provincial, territorial, local, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User, or any Charity.

 

Gift Agreement for Online Donors

Last updated November 17, 2023

By accepting this Agreement and proceeding with the online donation payment, the Donor explicitly agrees to the terms and conditions outlined herein.

This Gift Agreement (“Agreement”) is made on this date by and between the Online Donor, and their assignee, company, endowment, trust, estate, foundation, or other legal entity (hereinafter referred to collectively as “Donor”) and The Cares Organization (“Recipient”, “TCO”, the “Organization”), a nonprofit organization formed in the state of Delaware and headquartered in Dallas, Texas USA.

The Donor and The Cares Organization agree as follows:

Donation Date. For online transactions, the effective date of this agreement is the transaction completion date of the donation through payment portal confirmation.

Donor Commitment. The Donor hereby pledges to The Cares Organization the sums as shown in the My Gifting Box, which as provided herein are designated for the benefit of The Cares Organization in furtherance of its charitable mission.

Gifting Purpose. It is understood and agreed by the Parties that 90% of the amounts donated will be used for the Donor-directed charitable causes selected by the Donor, and 10% of the gift will be used by the organization to support operating funds for the organization in furtherance of its charitable mission.

Exception. In the case of Crowdfunding Causes, an exception to the distribution of funds to the organization may range from the standard 10%, and may in some cases go up to 25%, depending on the level of complexity of specific causes. In such cases, the updated allocation details will be specified on the individual donation pages.

Intent. It is the agreement of the parties and the intention of the Donor that this gift and any unpaid promised installment under this Agreement shall constitute the Donor’s binding obligation and shall be enforceable at law and equity, including, without limitation, against the Donor and the Donor’s accounts, estate, heirs and personal representatives, and their successors and assignees. The Donor acknowledges that The Cares Organization has substantially relied, and shall continue to rely, on the Donor’s gift being fully satisfied as set forth herein. The Donor acknowledges that The Cares Organization will commit substantial resources in reliance of such gift and unpaid promised installment.

Recognition by The Cares Organization. To honor the Donor, and to express the appreciation of The Cares Organization, industry standard forms of Donor recognition will be provided including but not limited to publicity and acknowledgment in materials, public events, annual reports, announcements, and the organization’s website and social media platforms in line with industry standard Donor recognition channels.

Permissions. The Donor hereby grants The Cares Organization full approval for public recognition, including but not limited to acknowledgment in materials, public events, annual reports, and the organization’s website and social media platforms in line with industry standard Donor recognition channels.

Reporting and Stewardship. Reports on performance of the organization and acknowledgement of use of the proceeds shall be provided annually to the Donor.

Additional Gifts. The Donor reserves the right to increase the donation through additional gifts, and if so, hereby consents to additional contributions to the organization by any individual, corporation, foundation, trust, estate or other legal entity through individual gift, bequest or other gifting vehicle, and all gifts so designated, shall be subject to the provisions of this Agreement.

Charitable Gift Refund Policy. Charitable donations are considered gifts, and once given, they are generally irrevocable and legally binding. A completed gift is a voluntary transfer of property from one person to another without compensation, where the gift is no longer in the donor’s possession and control.

If there was a specific agreement or contract between the Donor and the organization regarding a restriction on the use of the funds, the terms of that agreement would be crucial. On the other hand, if the organization can demonstrate that the funds were used for their intended purpose as outlined in the materials and correspondence with the Donor, and that the Donor was made aware of or agreed to this use, then the contract is fulfilled by the organization.

The organization adheres to the Charitable Gift Refund Policy as outlined in our Terms and Conditions Legal Disclaimers that states: The Cares Organization does not provide refunds for gifts, donations, membership dues, or any other form of payment sent in physically, online, mobile, banking, or a third party platform; except for circumstances as outlined in the organization’s Charitable Gift Refund Policy. If there is a transaction issue, please immediately contact: CustomerService@TheCaresOrganization.org.

Restrictions on Gifts. Every gift is considered unrestricted, unless there is written stipulation on the gift with specific restrictions provided by the Donor. The Cares Organization, like most nonprofit corporations, relies on unrestricted gifts to fund their operations and advance their mission. Unrestricted gifts are contributions made to the organization without any specific restrictions on how the funds should be used. The most desirable gifts are unrestricted gifts as it allows the Corporation to address the most pressing needs of the Corporation. 

Gift-Over Clause. If, in the opinion of the Board of Directors of The Cares Organization, all or part of this gift cannot at some time in the future be usefully or practically applied to the above purposes by the organization, or if the purpose cannot be achieved because of a future change in law or unforeseeable circumstances of the organization, it may be used for any related purpose which in the opinion of the Board of Directors, in consultation with legal counsel, will most nearly accomplish the Donor’s wishes and is another IRS recognized 501(c)3 organization that most closely aligns to our organization’s historical purpose and practices.

Amendment. By mutual consent of The Cares Organization and the Donor, the Donor’s legally or duly appointed agent or attorney-in-fact, or the personal representative of the Donor’s estate, any provision of this Agreement may be amended, modified, or deleted. Any such changes, deletions or additions shall be recorded in a written signed addenda, which shall form part of this Agreement.

Morality Clause. If at any time the Donor, or his or her name, may compromise the public trust or the reputation of The Cares Organization, including but not limited to acts of moral turpitude, the organization in its sole discretion and with the approval of the Board of Directors, in consultation with legal counsel, has the right to either remove the name, return the gift in whole or in part, or both.

Electronic Authorization For Compliance Screening. The Cares Organization, a US based tax-exempt nonprofit organization, aims to increase transparency, manage financial risks, prevent fraud, and uphold compliance with legal and regulatory mandates via the use of third party Compliance screenings and verifications that encompass processes like: Anti-Money Laundering (AML), Politically Exposed Person (PEP), and Office of Foreign Assets Control (OFAC) screenings. The criteria for conducting Compliance Screenings will depend on several factors, including federal and state laws, organizational policies, risk exposure levels, financial exposure levels, and individual roles and responsibilities. Compliance screening and verifications help The Cares Organization to:

• Pursue our mission to raise funds “responsibly”, aimed towards charitable global causes.

• Protect our reputation by avoiding association with individuals or entities involved in illegal or unethical activities.

• Comply with legal and regulatory requirements, which can vary by jurisdiction and may include reporting obligations.

• Prevent financial losses, fraud, and misuse of charitable funds.

• Ensure transparency and accountability in our financial transactions and partnerships.

• Demonstrate our commitment to ethical and responsible financial management to donors, stakeholders, and the public.

Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter of the Agreement and is subject to the laws of the State of Delaware. This Agreement also supersedes all other agreements and understandings, both oral and written, between the parties relating to the subject matter of the Agreement.

Dispute Resolution. In the event of any dispute or disagreement regarding a donation to The Cares Organization, both parties agree to resolve the matter through mediation. If mediation is declined by either party within 60 days, or goes to mediation but does not result in a resolution within 180 days, the dispute will be submitted to binding arbitration. The arbitration shall be conducted in Delaware, USA in accordance with the rules of a recognized arbitration service, and the arbitrator’s decision will be final and binding. Each party will bear its own costs.

The Donor acknowledges and accepts to comply with the terms and conditions of the Gift Agreement, and further authorizes the Organization to obtain the necessary information for conducting screenings and verifications in compliance with applicable laws and regulations; and if applicable, during the course of my association with the Organization. To the best of the Donor’s knowledge and belief, the provided information is accurate. The Donor acknowledges that any discrepancies or inaccuracies in this information, as revealed through checks and verifications, could lead to reconsideration of their association with the Organization.

The Donor is aware that the Organization may enlist third-party service providers or agencies to conduct these checks and verifications, and the information collected will be used exclusively for association-related purposes. The results of these checks and verifications may be shared with the Organization’s Compliance, Human Resources, Top Tier Management, and other relevant personnel involved in onboarding and compliance oversight.

The Organization is committed to maintaining the confidentiality of this information in accordance with legal requirements and its privacy policies.

The Donor also understands that the Corporation is a charitable nonstock entity recognized as tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986. To maintain this tax-exempt status, the Corporation must primarily engage in activities that align with its tax-exempt purposes.

By proceeding with your online donation, these terms have been acknowledged and agreed by the parties as of the Online Donation Date.

Tax Responsibility:

The Cares Organization does not withhold funds for tax purposes or otherwise. Charities and Donors will be solely responsible for taxes if assessed by regulatory authorities based on applicable US, international, federal, state, local, or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). It is the responsibility of Charities and Donors to comply with all relevant tax laws and regulations and to fulfill any tax obligations that may arise from their use of the platform. The Cares Organization assumes no responsibility for any tax-related matters or liabilities incurred by Charities or Donors.

Member Account, Password, and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify The Cares Organization of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. The Cares Organization will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to the Services:

The Cares Organization reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Content Manifestly Made Public by the User:

1. Public Content; Public Display of Information and Donations:

Some of your activity on and through the Services provided under the crowdfunding platform (Services) is public, such as content you post publicly on the Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Services, including through The Cares Organization, any Clips or other functions on The Cares Organization Platform, or share with other Users or recipients) (collectively, “User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services. We urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Notice for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Prohibited Conduct:

You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you provide us for upload, post, publish, display, transmit, or otherwise use. If you are the beneficiary of the Fundraiser you organize, you are also responsible for ensuring the funds raised are for the purpose outlined in the Fundraiser. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service. We reserve the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service, or other policies as posted from time to time. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of ourselves and/or our Users.

Termination:

We reserve the right to suspend or terminate your access to our platform if you violate these terms or engage in any harmful activities.

Disclaimer of Liability:

We provide our platform “as-is” and do not guarantee the accuracy, reliability, or availability of the services. We are not responsible for the actions or conduct of campaign creators or donors.

Governing Law:

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