We-Care App End User License Agreement
WeCare.com reserves the right to update and modify, from time to time, this Software License and all documents incorporated by reference. We-Care.com may modify this Software License by posting a new version at http://www.we-care.com/softwarelicense. Your continued use of the We-Care Software after posting any changes constitutes your acceptance of such changes, so please check for updates frequently.
The We-Care Software, which for purposes of this Software License, includes all updates, new versions and other revisions made available to you, is licensed to you on a worldwide (except as limited in this Software License), non-exclusive, non-sublicenseable basis, on the terms and conditions set forth herein. You may only use the We-Care Software for non-commercial purposes. This means that you may use it at work or at home, but unless you first obtain We-Care.com's written permission, you may not sell, rent, lease, sublicense, publish, assign or otherwise transfer or commercially exploit the We-Care Software. You may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code for the We-Care Software. You also may not delete, alter or remove any copyright, trademark, or other proprietary rights notices that appear in or may be accessed in conjunction with the We-Care Software. Lastly, you may not modify the We-Care Software nor create any derivative work of the We-Care Software without We-Care.com's prior written permission.
All rights not expressly granted to you are reserved by We-Care.com.
Your license to the We-Care Software under this Software License continues until it is terminated by you or by us. You may terminate the Software License by discontinuing use of the We-Care Software and by destroying all your copies of the We-Care Software. This Software License terminates automatically if you violate any provision of this Software License or the Terms of Service. We may terminate this Software License, disable the We-Care Software or cease providing any service at any time.
By installing the We-Care Software, you understand and agree that when you visit a participating Merchant's website, the We-Care Software may click through a marketing link in the background, or provide you a link to click on with or without an accompanying coupon code. These links inform the Merchant that you are shopping through We-Care.com, allowing a portion of your purchase to be returned to your chosen Cause as a cause marketing donation. The links do not transmit any personally identifiable information or affect your shopping experience in any way, but they do transmit a unique identifier that if you have registered will allow We-Care.com to associate your donation-generating activity with your registration for the purpose of reporting and marketing. When a background link is being clicked by the We-Care Software , a small icon, text message, bar, icon or some other type of image will generally appear above, next to or below the web page you are visiting or within the application thanking you for supporting your Cause. In some instances the software may request or require that you click on a link to enable the donation to your cause. In such cases, your purchase will only be eligible for a donation if you click OK, Continue, Earn Donation, or some similar designation, depending on the version of We-Care Software you are using and the language requested by the merchant partner.
In addition the We-Care Software may now or in the future contain additional functionality. If you would like to disable any functionality contained in the We-Care Software, you may do so within the We-Care Software application settings or you may uninstall the We-Care Software. Additional functionality may include:
The We-Care Software may show you advertising units while you are browsing the Internet (in the form of an overlay, slider, drop down or other ad unit) or while you are using other software. Such ad units will be clearly labeled so that you can determine they are being generated by the We-Care Software, rather than the web site you are visiting or another source. In addition, the We-Care Software may enhance certain web sites you visit by displaying frames, overlays or other enhancements within or alongside the web site being visited. Any such enhancements will also be clearly labeled so that you can determine that they are being generated by the We-Care Software at your request.
The We-Care Software may facilitate the setting of anonymous third-party online behavioral advertising (OBA) cookies on your computer which are then used by advertisers to show you relevant advertising based on your search and/or surfing behavior. Such ads may appear within the We-Care Software as well as on the We-Care.com Site and other websites you are visiting.
The We-Care Software may subscribe you to relevant content and sponsored RSS feeds which will show up within your default RSS reader application (in many cases this application will also be your email reading application). You may unsubscribe from these RSS feed messages using your email application. We may also enable our application to unsubscribe you from the RSS feeds.
The We-Care Software may allow you to engage with advertising or sponsor content where higher levels of engagement result in additional advertiser fees collected from Sponsors and shared with your designated Cause.
The We-Care Software may offer you an opportunity to participate in an online survey with your cause receiving a donation after successful completion of the survey. When possible we will share the resulting donation amount with you when presenting a link to any optional surveys. Survey links will be clearly labeled so that you can determine that they are being generated by the We-Care Software.
The We-Care Software creates research reports based on the aggregate anonoymized activity of users of the We-Care Software (including you) as well as the We-Care Site. Reports may be for internal use or may be sold in order to generate additional revenue for the all Causes, including your selected Cause. We-Care.com, will use commercially reasonable efforts to distribute revenues from research reports on a pro-rata basis based on the value of the research generated by you and those supporting each cause.
The We-Care Software may display sponsored messages, ads or links based on your current site visitation or previous site visitation behavior including previous search behavior on search engines. Depending on the agreement we have with the Sponsor, viewing or interacting with the Sponsor ads may generate donation revenue for your chosen Cause.
In the event that your selected cause terminates or modifies its affiliation with We-Care.com, We-Care.com reserves the right to automatically substitute a similar cause until such time as you make a new cause selection yourself.
You acknowledge and agree that the We-Care Software is licensed to you and not sold. You further acknowledge that We-Care.com and its licensors own all right, title, and interest, including intellectual property rights in and to the We-Care Software, and all documentation, services and materials provided to you by We-Care.com in conjunction with the We-Care Software. For purposes of this Software License, "intellectual property rights" means rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
Additional Obligations; Age Limitation
The We-Care Software and related products and services are not available to individuals below the age of 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO INSTALL THE WE-CARE SOFTWARE, AND YOU MUST CANCEL THIS INSTALLATION IMMEDIATELY. By accepting this installation, you are representing and warranting that you are not a minor below the age of 13. You further represent and warrant that you are either the owner or an authorized user of the computer where the We-Care Software is installed. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, and regulations with respect to your use of the We-Care Software and related services. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the We-Care Software or any related services, except to remove the We-Care Software from a computer of which you are an owner or authorized user. We reserve the right to investigate occurrences which may involve such violations, and to cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other technologies that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
Disclaimer of Warranties
THE WE-CARE SOFTWARE AND ANY WE-CARE.COM CONTENT ACCESSED THROUGH THE WE-CARE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, WE-CARE.COM DOES NOT REPRESENT THAT THE WE-CARE.COM SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO, OR YOUR USE OR OPERATION OF, THE WE-CARE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WE-CARE.COM SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF WE-CARE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER WE-CARE.COM, ITS AFFILIATES, OR LICENSORS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE LICENSE OR YOUR ACCESS TO, USE AND OPERATION OF THE WE-CARE SOFTWARE, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE-CARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PRUPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Updates and Support
You understand that we may update the We-Care.com Software at any time, but that we are under no obligation to do so. If we do update the We-Care.com Software, such updates will be deemed part of the We-Care.com Software and will be governed by the terms of this Software License (as may be modified from time to time as described above). The provision of any such updates will not impose an obligation on We-Care.com to furnish any additional updates. As the We-Care.com Software is provided free of charge, we are not under any obligation to provide you with any sort of technical support. However, any technical support we do offer will be in accordance with our standard support policies and may be terminated at any time at our sole discretion.
You acknowledge and agree that by checking the "I ACCEPT" box or such similar box or link as may be designated to install the We-Care Software, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Software License. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WE-CARE.COM SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, by other than electronic means.
Third Party Software
If the We-Care.com Software is bundled with or otherwise provided with any third party software and you choose to download, install and/or use such third party software, then your use will be governed by the third party license agreement provided with such software. You agree that We-Care.com is not responsible for any third party software or any content, links or materials accessible through any third party software, and that We-Care.com shall have no liability for your use of any such third party software or related content, links or materials.
You agree to defend, indemnify and hold We-Care.com, its affiliates and licensors, and their respective officers, directors, employees, agents and representatives harmless from and against any liabilities, losses, expenses, costs or damages (including reasonable attorneys' fees, experts' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of any provision of this Software License. We-Care.com may, if it so chooses, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect We-Care.com's rights or obligations shall be made without We-Care.com's prior written approval. We-Care.com reserves the right, at its own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer of the We-Care Software to a prohibited country or otherwise in violation of any such restrictions or regulations.
Governing Law; Consent to Jurisdiction; Jury Trial Waiver
This Software License shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. You consent to the personal and exclusive jurisdiction of the federal and state courts sitting in the state of New York. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF THIS SOFTWARE LICENSE.
If you have any questions or concerns about this Software License, please contact us.
276 5th Ave, Suite 205
New York, NY 10001
Updated: August 26, 2013
We-Care.com knows that you care about how information about you is handled. We value your trust and are committed to using private data respectfully and transparently.
Registration and Personally Identifiable Information
We-Care.com does not knowingly collect personally identifiable information about you unless you choose to provide it to us, either by registering at our Site (which is completely optional) or by voluntarily contacting us and providing us with your email address or other personally identifiable information.
You do not have to register in order to view the content of our Site, to have a portion of your online purchases at our Merchants donated to your favorite Cause, or to download, install and use the We-Care Software. However, registering at our Site allows you to take advantage of certain enhanced features. For example, registered users may: (i) view their account and a record of their donations at any time they log into the Site to determine how much they have donated, (ii) set preferences, and (iii) receive emails that announce changes to our Services, new services we are offering, or special deals and programs.
If you do decide to register, you may change the information we have on file for you at any time simply by logging into the Site and clicking on the "My Account" link at the top of the page. You may also decline to receive emails from us at the time of registration, or opt out of receiving them later by changing your preferences accessible via the "My Account Link" or by following the opt-out instructions included with each email. Please note that it may take up to ten (10) business days to process your request.
From time to time, we may provide you with the opportunity to participate in surveys. If you choose to participate, we may request certain personally identifiable and/or demographic information from you. Participation in such surveys is completely optional. You may also elect, at your discretion, to provide demographic information during the registration process (such as your age, income, geographic location, or gender).
We-Care.com uses your personally identifiable information to provide you with the Services and for the purposes described above, such as managing your account and preferences, tracking your donations, sending you email communications and responding to your questions or inquiries. If we haven't identified a particular purpose, you can generally assume that we will use your personally identifiable information for the purpose for which it was provided.
Information We Collect and How We Use It
Server logs capture information that is typically not personally identifiable, such as the time and date of a Site visit, the browser and operating system being used, the IP address or domain name of the user's ISP, and the web URL a user linked from. This information is generally used to help us plan system enhancements when necessary and to provide content which is compatible with our users web browsing systems and in certain cases when your behavior has lead to a donation, in order to attribute the value of your donation-generating behavior to your selected Cause account. Because We-Care.com does keep a log of your IP address as well as certain purchase, search or advertising behaviors for the purposes of generating or allocating donation revenue to your chosen cause there is a possibility that some combination of search, social media or site visitation behavior could alone or in combination reveal personally identifiable information about you. We-Care.com does not engage in the mining of log data with the express intent of determining your identity or generating personally identifiable information. When you have provided us with registration information, server logs may be used to provide you with reporting information as to your current and past donation behaviors and activities.
Cookies, Local Shared Objects on Our Site and Digital Finger printing Cookies
A cookie, or Local Shared Object (Flash Cookie) is a small text file that is stored on a user's computer for record-keeping purposes. Cookies do not contain any personally identifiable information, but do contain a unique user ID and may contain IDs for the Causes you have selected to support through the Site. If you choose to register, the user ID is linked to your account, allowing you to track your donations.
Depending on participating merchant policies, tracking cookies are set when you visit our site, when you visit a merchant site, or when you click on the link provided by the We-Care Software.
We also employ a technology called clear web beacons (also known as clear pixels and clear gifs) placed in the pages of our Site to help us gather additional information about which parts of the Site receive the most visits and other user traffic patterns. Web beacons do not typically contain or collect personally identifiable information, but do contain a unique user ID that tracks online movements. We use web beacons to help us learn how users are using the Services, which in turn helps us operate and improve those Services. We also use web beacons so that we can understand your browsing behavior and provide Merchants and other third parties with information regarding user interactions with them, such as when and how often their coupons and offers are displayed.
If you have registered at the Site, cookies or Web beacons may contain your user ID information which we can then match with other information collected from you in order to provide you with the additional functionality available only to registered users.
You can set your browser to reject most cookies by following the browser help file directions. However, if your browser is set to reject cookies or you delete cookies, you may not be able to use some features of our Site or other websites. You can also delete cookies already set on your computer by following the browser help file directions.
In order to facilitate tracking and properly maximize the value your shopping, searching and ad-viewing behavior and deliver proper share of the dollar value you are generating for your cause the We-Care Software may make adjustments to your browsers default Do-Not-Track settings to allow our Software to communicate with our tracking servers and the servers of our partners. We will place information about your DNT settings in the Software's administrative screens whenever possible.
The We-Care Software collects and transmits back to our servers certain information that is not personally identifiable such as which Internet browser you are using, which version of our software you downloaded, your software application preferences and whether you have certain features enabled or disabled.
In addition, the We-Care Software transmits information to us to let us know when you visit the website of a Merchant and when you make a purchase from that Merchant to help us ensure the Cause that you have chosen receives the applicable donation for your purchase.
We-Care Software may collect and transmit to We-Care.com information about the web sites you visit and your activities on those web sites, which may include the purchases you make (or decide to abandon), searches you perform, ads you see or click through, videos you watch, and/or non-personally identifiable, data you submit into web forms on web sites. Generally, all of this information is collected and transmitted on an anonymous basis, using an anonymous user ID, and is not associated with your name, email address or other personally identifiable information. However, you should be aware that if you submit personally identifiable information into web forms, this information may be transmitted back to We-Care.com. However, we will not use such personally identifiable information for marketing purposes nor intentionally associate it with non personally identifiable information about you.
In addition, third-party cookies may be set by partners based on your search or commerce behavior for the purpose of serving you more relevant messages and advertising. Resulting Online Behavioral Advertising may appear within the We-Care Software, on the We-Care.com Site and on other sites. Partner data payments are donated to your chosen cause on a pro-rata basis in keeping with We-Care policies, which means that the value of your anonymous browsing and searching behavior will help your selected cause.
In order to remove OBA (Online Behavioral Advertising) third party cookes from your browser, visit the NAI website at http://www.networkadvertising.org/ or the Digital Advertising Alliance website at: http://www.aboutads.info/choices/
In addition to the uses identified above, We-Care.com uses non personally identifiable information collected from users by the We-Care.com Software and other Services in the following ways:
- To maintain, operate and provide the Services,
- To improve the We-Care Software and other Services by determining which features are most often utilized by our users,
- To help us understand how often certain Merchants are visited and/or appear in search results,
- To help us ensure that applicable Causes receive the portion of your online purchases that they are entitled to,
- To help us target advertisements and provide you with enhancements to your web browsing experience that may be of interest to you,
- To help us create and determine the effectiveness of certain marketing campaigns and strategies, including email campaigns,
- To determine how many of our users select a particular Cause for Merchant donations or follow a particular Cause on a social media web site,
- To perform market research and prepare reports and analysis which may be shared in aggregate form with third parties.
How Do We Share the Information We Collect
Lastly, if We-Care.com is acquired by or merged with a third party entity, or in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we reserve the right, in any of these circumstances, to disclose, transfer and/or assign the information we have collected as part of such merger, acquisition, sale, or other change of control.
With respect to non personally identifiable information collected about you in connection with your use of the Services, We-Care.com may sell, rent, disclose or otherwise share with third parties all such information. Please note that any time we share such information, it is not associated with your name, email or other personally identifiable information. Typically, it is disclosed in the form of aggregate statistics.
Some of our business associates (e.g., advertisers, affiliate networks, and analytics services) also serve cookies, web beacons and similar technologies through our Services. All data collected by such business associates using these tracking technologies is anonymous and is not linked to your personally identifiable information. This data may be used to determine site usage, target advertisements, analyze whether advertising resulted in sales, clicks, or other activity and for other purposes. These business partners include but are not limited to Google, Linkshare, Commission Junction, PepperJam, Appnexus, TheTradeDesk, CPX, Yahoo, Gigya, Impact Radius, and Didit. To learn more about how these companies use such data, please visit and check their respective privacy policies.
The Services also contain links to other websites that are not owned or controlled by us. Of course, we are not responsible for the content or privacy practices of such websites.
The Site and We-Care Software is not directed at children under the age of 13 and does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Site has collected the personally-identifiable information of a child under the age of 13, please contact us at the number or address listed below and we will use our best efforts to remove the information from our records.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security or be responsible for any damage that results from a breach in security. If you have any questions about security on the Site, please contact us at the number or address listed below.
Attn: Privacy Department
276 5th Ave, Suite 205
New York, NY 10001
Updated: August 26, 2013