ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“BuyWithCause™”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

1. TERMS OF USE.

1.1 General.

The Site provides an interactive online service operated by BuyWithCause, LLC. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through BuyWithCause, affiliates of BuyWithCause or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of BuyWithCause, and BuyWithCause shall not be responsible for any data lost while transmitting information on the Internet. While it is BuyWithCause’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of BuyWithCause, access to the Site may be interrupted, suspended or terminated from time to time.
BuyWithCause shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, BuyWithCause may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

1.2   Modified Terms.

BuyWithCause reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If BuyWithCause makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

1.3   Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. BuyWithCause shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

1.4   End User Conduct.

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BuyWithCause’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in BuyWithCause’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. The foregoing provisions of this Section 4 apply equally to and are for the benefit of BuyWithCause, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

1.5   Copyright and Trademarks.

Everything located on or in this Site, including the Microsites, is the exclusive property of BuyWithCause, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BuyWithCause, LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. BuyWithCause owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of BuyWithCause or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with BuyWithCause shall not be deemed to be in the public domain but rather the exclusive property of BuyWithCause, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of BuyWithCause unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted BuyWithCause the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants BuyWithCause the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of BuyWithCause, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

1.6   Copyright Policy.

BuyWithCause reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to BuyWithCause by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide BuyWithCause with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

1.7   Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER BUYWITHCAUSE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.THIS SITE  AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BuyWithCause HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

1.8   Limitation of Liability.

IN NO EVENT SHALL BUYWITHCAUSE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL BUYWITHCAUSE’S LIABILITY IN CONNECTION WITH A BUYWITHCAUSE EXCEED THE AMOUNTS PAID FOR SUCH BUYWITHCAUSE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

1.9  Monitoring.

BuyWithCause shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by BuyWithCause, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BuyWithCause shall have the right, but not the obligation, to remove any material that BuyWithCause, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

1.10   Privacy.

End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. BuyWithCause does not control or endorse the content, messages or information found in any Community, and, therefore, BuyWithCause specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to BuyWithCause (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by BuyWithCause as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Microsite, End User grants BuyWithCause the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see BuyWithCause’s Privacy Policy.

1.11  License Grant.

By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to BuyWithCause a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

1.12  Indemnification/Release.

End User agrees to defend, indemnify and hold harmless BuyWithCause, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.

End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases BuyWithCause from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

1.13   Termination.

BuyWithCause may terminate this Agreement at any time. Without limiting the foregoing, BuyWithCause shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which BuyWithCause, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.

1.14   Trademarks.

BuyWithCause is a trademark of BuyWithCause, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on BuyWithCause are the property of their respective owners.

1.15   Third-Party Content.

BuyWithCause, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, BuyWithCause has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of BuyWithCause.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with BuyWithCause. BuyWithCause neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on BuyWithCause by anyone other than authorized BuyWithCause employee spokespersons while acting in official capacities. Under no circumstances will BuyWithCause be liable for any loss or damage caused by an end user’s reliance on information obtained through BuyWithCause. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through BuyWithCause.

BuyWithCause contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by BuyWithCause of the contents on such third-party sites, and BuyWithCause hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with BuyWithCause expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. BuyWithCause reserves the right to revoke its consent to any link at any time in its sole discretion.

1.16   Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for BuyWithCause established by BuyWithCause, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

2. TERMS OF SALE.

All vouchers printed from the Site or any Microsite, or any other website associated with BuyWithCause (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through BuyWithCause to be used in exchange for goods and services. By placing an order for a Voucher from a Merchant through BuyWithCause, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated herein. For more information about our collection of personal information, please view our Privacy Policy.

The Voucher that the End User purchased through BuyWithCause is redeemable for goods or services by the Merchant. The Merchant, not BuyWithCause, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher purchased. BuyWithCause sells a Voucher that can be redeemed in connection with End User’s purchase of the goods or services from Merchant.

2.1  Terms and Conditions for Restaurant-Specific Vouchers.

For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers. For said Merchants the following aopplies:

• Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
• Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
• Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
• Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
• The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
• Neither BuyWithCause nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
• Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
• Void to the extent prohibited by law.
• If End User redeems the Voucher for less than its face value, End User will not be entitled to a credit nor cash from the Restaurant, equal to the difference between the face value and the amount you redeemed,
• All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title [43] XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. BuyWithCause’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and BuyWithCause has no role in such determination or action on the part of the Merchant.

2.2   Terms and Conditions for Non-Restaurant Merchant Vouchers.

For this section, “Non-Restaurant” Merchant Vouchers shall be defined as a Merchant who does not offer food and beverage for sale in its regular business operations, and is making non- food and non- beverage items available to purchasers of Vouchers. For said Merchants the following applies:

• Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
• Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
• The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
• Neither BuyWithCause nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
• Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
• Reproduction, sale or trade of this Voucher is prohibited Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
• Void to the extent prohibited by law.
• If End User redeem the Voucher for less than its face value, End User will not be entitled to a credit or cash from the Merchant equal to the difference between the face value and the amount End User redeemed.

3.   Additional Terms and Conditions for All BuyWithCause Vouchers.

All Vouchers shall be subject to the terms and conditions of BuyWithCause and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. End User  waives, and releases BuyWithCause and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Merchant may be responsible for allowing End User to redeem the Voucher for the cash value based on the money End User actually paid for the Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the BuyWithCause, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant.  

4. Additional Terms and Conditions for all Non-profits (NPs), also referred to herein as Cause(s), engaging in e-campaigns and fund raising through www.BuyWithCause.com.

4.1. 

The Non-Profit (NP or Cause) shall  conduct one or more fundraising events (Campaigns), whereby the Cause will engage its membership, and social and business contacts of its membership,  for the purpose of generating donations for the Cause through promoting deals on BuyWithCause.com through BuyWithCause LLC (BWC).
 
4.2. 

Each Campaign will offer a  product or service, for example, for a  restaurant meal, within a local community, offered at fair market value, by a Business Sponsor (BS), also referred to herein as a Merchant. The Cause will use its best efforts to generate interest from its community of contacts in exchange for donations. The more interest the Cause’s membership generates for the offer,  the greater the potential purchases and donations to the Cause. The Cause agrees to publicize the fundraising event to its membership and will encourage further sharing of the offer to, and through, the membership’s social and business contacts, though email, Facebook, Twitter, flyers, word of mouth, and/or other means. 

4.3. 

The Cause is hereby granted permission to use BWC’s artwork, promotional material, and web site(s), when publicizing the fundraising Campaign. However, the Cause agrees that such use of material, which is acknowledged to be BWC’s Intellectual Property (IP), is to be used solely for the purposes of fundraising though BuyWithCause LLC. The NP agrees not to use, nor claim any rights to, this material otherwise, and to not disclose it to any competitor of BWC,  and to cease using this material after this Agreement terminates or within 30 days after the duration period for redemption of purchases, whichever comes first.

4.4. 

BWC will supply the Cause with promotional templates and other material to assist the Cause in its fundraising efforts, including use of BWC’s  proprietary internet engine and business process for managing the intake and payout of cash and donations among the parties and the provision of electronic coupons for product and/or service purchases related to the Campaign.

4.5.

The Cause will identify one (or more) local Business Sponsors (BS) and engage them in the sponsoring of a transaction whereby the  BS offers a product  or service  for sale, at fair market value, over the internet through BWC, which results in a) donation to the Cause in the amount of 20% of the fair market value sale of the BS’ product through BWC,  and  b) payment to BWC of a merchandizing fee equal to 15% of the fair market value sale of the BS’ product, as advertised in the Campaign. The remaining 65% of the proceeds of the sale will be retained by the BS, paid to the vendor by BWC within 15 days after the advertising end date of the Campaign. The Cause will also retain 100% of any additional donation provided by the End User upon their purchase of a voucher, less electronic transaction costs incurred by BWC in providing such additional donation amounts to the Cause.

4.6  

BWC will process each purchase on BuyWithCause.com with payment options including major credit cards and PayPal and or echech via ACH. Once a purchase is complete, BWC will provide the Purchaser, via email over the internet, an Electronic Coupon (also called a Voucher). The Purchase can then print out the Coupon and provide it to the BS for a single redemption.  Coupons may only be redeemed commencing on the day after the promotional Campaign ends, through the duration agreed to by the Cause and the BS described in the fine print terms disclosed on the Voucher.

4.7 

Actual purchase volumes are contingent upon the Cause’s efforts to outreach to it membership, a work task that is solely the responsibility of the Cause and its membership.

4.8. 

This Agreement may be canceled by either party with 60 days written notice. BWC reserves the right to terminate this Agreement without notice if it feels, in its sole discretion, that Cause is using BWC’s capabilities fraudulently, or negatively impact ing BWC’s reputation.

4.9.

The parties to this agreement attest to the fact that BWC, the  Cause, and the BS, the latter being  the sponsoring business(also referred to as Merchant herein)  offering and redeeming the product or service for sale,  are each independent entities and none are acting  as Agent for one another.

4.10. 

By using www.ButWithCause.com  the Cause representative warrants that he/she has the necessary authority to enter into this  Agreement on behalf of the Cause.

4.11. 

The parties agree this Agreement represents the entire understanding of the parties and that no oral or written statements, promises, representations or guarantees other than those contained in this Agreement, have been made, except that other terms and conditions may apply as present on the BuyWithCause.com web site and/or within the terms and conditions that may be placed by the BS  included on the Coupon, for example. Coupon expiry date. In all cases the Cause, BS, BWC, and Purchaser(s) will have access to all terms clearly visible prior to the Purchaser entering into any purchase transaction. All sales will be final at time of purchase and are non-refundable.
 

4.12 By using the BuyWithCause URL to promote fundraising support, both BuyWithCause and the non-profit cause party benefiting from this arrangement, agree to work together for each other’s mutual benefit and the benefit of the Cause and, in particular, agree to not compete with each other, specifically agreeing to keep each other’s business information confidential, and not use each other’s customer lists nor act in any manner to entice the other party’s business partners  via direct solicitation  or otherwise which would divert business away from, or cause harm to, the other party.

5. Additional Terms and Conditions for all Business Sponsors, also referred to as BS or Sponsoring Businesses herein, engaging in e-campaigns, customer and revenue acquisition through www.BuyWithCause.com

5.1. 

The Non-Profit organization (NP or Cause) identified herein intends to conduct one or more fundraising events (Campaigns), whereby the Cause will engage its membership, and social and business contacts of its membership,  for the purpose of generating donations for the Cause through promoting deals on BuyWithCause.com through BuyWithCause LLC  (BWC).
 
5.2. 

Each Campaign will offer a product or service, provided by a Business Sponsor (BS) in the  community (e.g., a restaurant meal), offered for sale by the Cause and BS at fair market value. The Cause will use best efforts to generate interest from its community of contacts in exchange for donations, which the Cause will receive from a % of each sale The more interest the Cause’s membership  generates in the offer,  the greater the potential purchases and donations to the Cause and also the greater the revenue, profit, repeat business, and positive public image received by the BS. The Cause agrees to publicize the fundraising event (Campaign) to its membership and will encourage further sharing of the offer through, the membership’s social and business contacts, via email, Facebook, Twitter, flyers, word-of-mouth, and other means. The BS is encouraged, though not required, to also support the Cause by promoting the offer.

5.3. 

The BS shall fulfill the product or service, to the Purchaser(s), upon Purchaser’s presentation of a Coupon created through BWC and purchased by the Purchaser at fair market value through BuyWithCause.com. The BS shall have access to the facilities provided by BWC to assure the legitimacy of the purchased Coupon, and to protect each Coupon’s single use. This will be implemented by BWC providing the BS a list of all valid Purchasers and unique identifying numbers of the Coupons purchased. This list will be provided to the BS by BWC via email within 24 hours after the advertising end date of the fundraising event, and before any Purchaser is authorized to redeem such Coupon, which are valid only for the duration of the event, commencing at the advertising end date of the Cause’s Campaign.

5.4. 

BWC will supply the Cause and BS with promotional material to assist the Cause in its fundraising, and to assist the BS to acquire incremental sales and profits produced through the Cause’s fundraising, including use of BWC’s proprietary internet engine and process for managing the intake and payout of cash and donations among the parties and the provision of electronic Coupons for Purchasers to redeem purchases from the BS related to the Campaign.

5.5.

Through this agreement the Cause signs up a BS in the local community and engages the BS in sponsoring a transaction whereby the BS offers a product  or service  for sale at fair market value, over the internet through BWC resulting in a) donation to the Cause in the amount of 20% of the fair market value sale of BP’s product through BWC,  and  b) payment to BWC  of a merchandizing fee equal to 15% of the fair market value sale of the BS’ product or service, as advertised in the Campaign, and with c) the remaining 65% of the sale retained by the BS, paid to the BS by BWC within 15 days after the advertising end date of the Campaign. Any financial terms and conditions that may differ from this arrangement, as outlined above, shall be specified in writing and agreed to by the Sponsoring Business and BuyWithCause in advance.

5.6. 

BWC will process purchases on BuyWithCause.com via major credit cards and PayPal and e-check via the ACH network. Once a purchase is complete, BWC will provide the Purchaser, via email, an electronic Coupon. The Purchaser will print out the Coupon and provide it to the BS for a single redemption.  Coupons may only be redeemed commencing on the day after the advertising end date of the Campaign, and continuing through the duration agreed to by the Cause and BS. 

5.7. 

This Agreement  may be canceled by either the BS or the Cause with 60 days written notice to BWC and the counterparty. BWC reserves the right to terminate this Agreement without notice  if , in its sole discretion, BWC feels the Cause or BS is using BWC’s capabilities fraudulently. Or otherwise negatively impacting BWC’s reputation.

5.8. 

The parties attest that BWC, the Cause, and the BS,  are each independent entities and none are acting as Agent for one another.  By engaging in the provision, offer, and/or purchase of service and/or product via www.BuyWithCause.com, each party to this Agreement warrants that he/she has the necessary authority to enter into this Agreement on behalf of their respective organization. The parties agree that this Agreement represents the entire understanding of the parties and that no oral or written statements, representations or guarantees other than those contained in this Agreement, have been made, except that other terms and conditions may apply as present on the BuyWithCause.com web site and/or within the terms and conditions placed by the BS and included on the Coupon (for example, Coupon expiration date). In all cases the Cause, BS, BWC, and Purchaser(s) will have access to all terms, clearly visible prior to the Purchaser entering into any purchase transaction. All sales will be final at time of purchase. 

 

5.9

 

By using the BuyWithCause URL to promote and sell a Sponsoring Business’ product, BuyWithCause and the Business Sponsor that is party to BuyWithCause’s e-voucher sales programs, agree to work together for each other’s mutual benefit and the benefit of the Cause and, in particular, agree to not compete with each other, specifically agreeing to keep each other’s business information confidential, and not use each other’s customer lists and/or  intices business partners in  a manner involving direct marketing solicitation  which would divert business away from, or cause harm to, the other party.

6.  Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against BuyWithCause arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and BuyWithCause; (3) the arbitrator shall apply  Maryland law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or BuyWithCause’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BuyWithCause will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor BuyWithCause shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

7. Applicable Law.

This Agreement will be interpreted according to laws of State of Maryland.

8. Acceptance of Terms.

Any End User, Purchaser, Cause, Merchant and/or Business Sponsor agrees to the terms and conditions  herein as a condition of usage of www.BuyWithCause.com Usage of www.BuyWithCause.com acknowledges and certifies agreement to the terms and conditions described herein.