CausePlanet Terms of Service Agreement
This Terms of Service Agreement is made by and between CausePlanet and anyone who uses CausePlanet, and/or completes the registration process to open and maintain any free or fee based Internet account with CausePlanet.
By clicking the acceptance button or accessing, using, or installing any part of the service, you expressly agree to and consent to be bound by all of the terms of this Agreement. If you do not agree to all of the terms of this Agreement, the button indicating non-acceptance must be selected, and/or you may not access, use or download any part of the service. The terms of this Agreement may be updated periodically at the sole discretion of CausePlanet. Every time you access the service, you reaffirm your acceptance of the current terms of the Service Agreement. A copy of this Agreement shall be accessible at the bottom of every page of www.CausePlanet.org, after the copyright statement by clicking on “(more information).”
1. Grant of license
a. Description: CausePlanet services are proprietary to CausePlanet and are protected by intellectual property laws and international intellectual property treaties. Your access to our Service is licensed and not sold. CausePlanet agrees to provide you with non-exclusive access to or use of our Service, consisting of all fee and non-fee services offered on www.CausePlanet.org.
b. Accessibility: You agree that, from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CausePlanet may undertake from time to time; or (iii) causes beyond the control of CausePlanet or which are not reasonably foreseeable by CausePlanet.
d. General practices and limits: You agree that CausePlanet may establish general practices and limits concerning use of the Service. If applicable, these may include, among others, the data stored and retained by the Service, the maximum data and/or bandwidth that may used by an account on the Service, the maximum size of any e-mail messages that may be sent from or received by an account on the Service, the maximum disk space allocated on CausePlanet's servers on User's behalf, and the maximum number of times (and the maximum duration for which) a subscriber may access the Service in a given period of time. You acknowledge that limits CausePlanet establishes may differ for different portions of the Service, and in particular, may be set at different levels for subscribers based on factors determined in CausePlanet's sole discretion, which may or may not include, among others, a subscriber's chosen service level, specific usage patterns, and/or a subscriber's participation in certain programs designed to generate revenues for CausePlanet. You also acknowledge that CausePlanet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
e. Intellectual property:
2. User representations and warranties
You represent and warrant to CausePlanet that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth in Section 3; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address, and telephone number.
3. Acceptable use policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate intentionally misleading information (b) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email (collectively, “Spam”); (c) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (d) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of CausePlanet or any person; (e) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (f) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (g) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (h) disseminate or transmit viruses, Trojan horses or any other malicious code or program; or (i) any other activity prohibited by applicable law or deemed at the sole discretion of CausePlanet to be in conflict with the spirit or intent of this Agreement.
4. General use limitations and conditions
a. Security: You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password. You must promptly notify CausePlanet if a credit card, User name or password is lost, stolen or used without permission. In such event, we shall cancel that credit card number, User name, or password, and update our records accordingly. CausePlanet is not responsible for the validity of data posted to the Site and/or security including, but not limited to, the personal and financial security of related transactions.
c. Links to other websites: The Site may contain links to other websites and/or books available for purchase. A link should not be considered an endorsement of the linked entity, website, or materials available for purchase. CausePlanet is not responsible for the practices or the content of linked websites.
d. Site content disclaimer: The content on the Site is for general informational purposes only and shall not constitute advice. It is the goal the Site to provide accurate information, but CausePlanet cannot guarantee that the information provided is accurate or appropriate for an individual or organization’s specific situation. CausePlanet makes absolutely no guarantees, either express or implied, regarding all content appearing on the Site, including, but not limited to, all Page to Practices™, public forum posts and other content contributions. Any and all Actions by User regarding information posted in Public Forum is at User’s sole risk. Content contributions from third party authors do not imply an endorsement of the content by CausePlanet.
e. Public forum: Areas of Site content shall be made available to the general public (“Public Forum”). User acknowledges, understands, and agrees that any information disclosed for inclusion in Public Forum becomes public information. The Site contains classified links to goods and services. The listing of goods or services on the Site does not imply endorsement by CausePlanet of the goods and/or services offered. As part of the Service, CausePlanet may also make chat rooms, forums, message boards, blogs, and news groups available to Users. CausePlanet is a distributor and not a publisher of information transmitted by persons using the Service. By posting, uploading or transmitting material to Public Forum, you are requesting CausePlanet and/or its partners to make such material available to others, and you are acknowledging that placing such material in a public area shall result in copies of such material being transmitted to others. CausePlanet has no control over its use and all Users should exercise caution when deciding to disclose information. By uploading or transmitting information to Public Forum, you hereby grant CausePlanet (i) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from such material (in whole or in part), and to incorporate it whether now known or later developed, and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above. CausePlanet makes absolutely no guarantees, either express or implied, regarding Public Forum. Any and all Actions by User regarding information posted in Public Forum is at User’s sole risk.
a. General: As a subscriber to any billable portion the Service, you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card or other payment method to pay for any billable portions of the Service, you expressly authorize CausePlanet or its agents to charge all fees and other charges incurred in connection with your use or access of the Service to the credit card or other payment method you have designated, and such authorization shall remain valid unless terminated pursuant to Section 6 of this Agreement. If you use a credit card and CausePlanet does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon request by CausePlanet. Fees are non-refundable, except as otherwise provided in this Agreement. If applicable, you may change your payment method by logging onto your account and choosing the appropriate links. In addition to fees for your subscription to any billable portion of the Service, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Service or goods or services that you purchase through the Service. Failure to make payment for any billable portion of the Service may result in immediate cancellation of your ability to access the Service.
b. Fee structure: The Service has a six-month fee and annual fee structure. Fees shall be as follows:
a. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason with (30) days prior notice provided via CausePlanet’s website. Users can log in at the top right corner of the page, arrive at User landing page, click on “Unsubscribe” option contained in User links below the Subscriber Log-in. Receipt of notice must be confirmed by CausePlanet.
b. CausePlanet may monitor use of the Service and reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove data or disable access to all or any portion of the Service; (ii) suspend your access to or use of all or any portion of the Service; and (iii) terminate this Agreement.
c. In the event that CausePlanet ceases operation of Service or otherwise terminates access or removes data, CausePlanet is not liable for any indirect, incidental, consequential, special or punitive damages.
7. Disclaimer of warranties
The Service is provided on an “as is” basis without warranty of any kind, express or implied. You expressly agree that the use of the Site including all information transmitted via the Site is at your sole risk. CausePlanet does not warrant that the service shall be uninterrupted or error free, nor does CausePlanet make any warranty as to any results including products and/or services that may be obtained by or through use of the Service. CausePlanet makes no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, in relation to the service. CausePlanet may keep back-up data files including, but not limited to, User’s service related files and settings at its sole discretion, but is not required to do so per the Agreement.
8. Limitation of liability
Under no circumstances shall CausePlanet be liable to User or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this Agreement, the Service, or the Internet generally, including, without limitation, User’s use, access, or inability to use or access the Service, any changes to or inaccessibility of the Service, delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any deletion of files, any transaction or Agreement entered into through the Service, or any data or material from a third party accessed on or through the Service, whether such liability is asserted on the basis of contract, tort otherwise. In no event shall CausePlanet’s total liability for direct damages exceed the total fees paid by User to CausePlanet hereunder. Some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to User. If the User is dissatisfied with the Service, User’s sole and exclusive remedy shall be for the User to discontinue use of the Service and terminate this Agreement in accordance with Section 6.
CausePlanet may monitor Service for instances of misuse, but is not required to do so. CausePlanet is not obligated to take any steps to prevent or correct any illegal, abusive or otherwise inappropriate activity that appears as content on the Service, nor is CausePlanet obligated to archive or otherwise maintain any reproduction of the content that appear so on the Service for future reference. CausePlanet is not liable for any action or inaction with respect to any content on the Service. If you believe that another User is using the service without adherence to the acceptable use policy set forth in Section three, you are encouraged to contact CausePlanet immediately (firstname.lastname@example.org). However, CausePlanet is not required to act in any such instance. Industry standards to insure the security of the Service and related Internet transmissions, but due to the inherent nature of the Internet, cannot guarantee or warrant absolute security of Internet transmissions.
The User is solely responsible for all transactions taking place including sales propagated by information transmitted via the Site. The User is urged to take every precaution necessary to ensure the safety and security of each transaction. CausePlanet is not responsible for the use, by any person or entity, of information transmitted via the Site including, but not limited to, all public forum data. Information transmitted via the Site is posted and/or acted upon at the User’s sole risk.
You agree to indemnify, hold harmless and defend CausePlanet, its, members, shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of or access to the Service, including, but not limited to, any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
10. Privacy statement
a. General: CausePlanet shall not monitor, edit, or disclose any personal information about the User or User’s account, including its contents or the User’s use of the Service, without the User’s prior written consent unless CausePlanet has a good faith belief that such action is necessary to: (i) comply with any legal process or other legal requirements of any governmental authority, (ii) protect and defend the rights, interests, or property of CausePlanet, (iii) enforce this Agreement, (iv) protect the interests of Users of the Service other than User or any other person, entity, partnership, organization, association or otherwise, (v) operate or conduct maintenance and repair of CausePlanet’s services or equipment, including the Service as authorized by law, or (vi) if release/disclosure of the information to third party providers is required to enhance the functionality of the service. User’s IP address may be transmitted and recorded with each User session. CausePlanet may use collected information to directly contact Users without limitation.
b. Data collection and storage
c. Use of aggregate information: CausePlanet may, at its sole discretion, share aggregate information (e.g. number of website visits, demographic breakdown, etc.) to third parties by combining aspects of personal information into an anonymous pool.
d. Security of personal information: Information security is of the utmost importance to CausePlanet, however, no transmission of data over the Internet is guaranteed to be completely secure. CausePlanet shall not guarantee or warrant the security of any personal information transmitted to or from it. Any such transmission is made solely at User’s risk. Personal information that is posted by the User to the Public Forum via the Site is available to the public shall not be considered private information for the purposes of this Agreement/Privacy Statement. Posting of personal information to the Public Forum is done solely at the User’s risk.
e. Links: CausePlanet may contain links to other Internet websites. These websites are not under the control of CausePlanet and CausePlanet does not control linked websites’ privacy and/or User Agreements. CausePlanet does not grant any warranties (express or implied) nor does CausePlanet have any liability for information transferred and conferred to or from linked websites.
a. Independent parties: The parties and their respective personnel are independent and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment: CausePlanet shall have the right, at any time and without prior written notice, to add to or modify the terms of this Agreement, simply by publishing such amended terms at the bottom right corner of every Site page under the “more information” link. User’s access to or use of the Service after the date such amended terms are published on the Site shall be deemed to constitute acceptance of such amended terms.
c. Waiver: No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Severability: If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
e. Notice: All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
f. Governing law: This Agreement is made in and shall be governed by the laws of the State of Colorado without reference to any conflicts of laws.
g. Dispute resolution: Any and all disputes relating to or arising out of this Agreement including, but not limited to, the arbitrability and the validity of this Agreement shall be resolved by binding arbitration in Denver, Colorado. Arbitration shall be administered by the American Arbitration Association (“AAA”), by a single arbitrator pursuant to the AAA Commercial Arbitration rules. The prevailing party shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys’ fees, court costs, reasonable costs of investigation and other related expenses incurred in connection therewith.
h. Headings: The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
i. Force majeure: If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by any cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
j. Survival: The respective rights and obligations of the parties under Sections two, three, four (b), seven, eight, nine, ten, and eleven shall survive any termination or expiration of this Agreement.
k. Entire Agreement: This Agreement constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.