We-Care.com

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Terms of Service


Overview

Welcome to We-Care.com! We-Care.com allows nonprofits, schools, and other eligible organizations to receive donations when their supporters shop online at participating merchants. We-Care.com is a wholly owned subsidiary of the Internet Marketing group, Ltd., so when we say “we” or “our” or “us” in this Terms of Service (“TOS”), or when we say We-Care.com, we mean both We-Care.com and the Internet Marketing Group, Ltd.

We-Care.com provides its website at www.we-care.com (the “Site”) and the We-Care software applications (currently, the “We-Care Reminder”, “We-Care Slider” and “We-Care Slider Lite” and collectively referred to herein as the “We-Care Software”) to end-uses (“Users”) free of charge. By using the Site, We-Care Software, and/or related We-Care.com applications or services made available from the Site (collectively, the “Services), you (“You”) are agreeing to be legally bound by the terms set forth in these Terms of Service and are consenting to the data collection, use and disclosure policies described in our Privacy Policy. If You choose to download any We-Care Software, You will also be required to agree to the terms of our End-User License Agreement (“EULA”).

WeCare.com reserves the right to update and modify, from time to time, these Terms of Service by posting a new version at the Site. Your continued use of any of the Services after posting any changes constitutes Your acceptance of such changes, so please check for updates frequently.

Online Shopping Program

Qualifying Purchases

For purchases to be eligible for a donation to a Cause, Users must start their shopping sessions at the Site, use the We-Care Software, or click on a link distributed by We-Care.com to arrive at one of our Merchant’s sites. The User must then make a Qualifying Purchase in order for its selected Cause to receive a donation. For purposes of these TOS, “Cause” means any nonprofit, school, association, or other organization that is eligible to receive donations through Users’ use of the Services. “Merchant” means any merchant or business listed on the Merchants Page of the Site. A “Qualifying Purchase” is a purchase or other activity for which the Merchant pays a commission to We-Care.com. Though we endeavor to display on the Site which purchases from Merchants will qualify and what the resulting donations to a Cause will be, the final decision rests with the applicable Merchant.

If a User initiates a purchase but completes it during a different web browsing session, clicks on another promotional offer before or after reaching a Merchant’s site, or uses a coupon code from a source other than We-Care.com, the purchase may not be considered a Qualifying Purchase by the Merchant. Also note that items returned following a purchase will invalidate part or all of the original Qualifying Purchase.

You can find a list of Merchants at www.we-care.com/Merchants.

Qualifying Search

For each Qualifying Search made by a User, the User’s selected Cause will receive a donation. This amount is estimated to be one cent per search, but will vary monthly as described below under Payments and Transactions.

A “Qualifying Search” is a search performed by a real person seeking real search results. Automated queries, including but not limited to those made through the use of robots, bots, computer scripts, or other automated query tools are not Qualifying Searches and are prohibited. Similarly, any query that We-Care.com (or the applicable search engine) determines is generated through fraudulent, deceptive, abusive, or other invalid means, will not count as a Qualifying Search and is prohibited.

The following types of searches, though permissible while You are using the Services are not considered Qualifying Searches and will not earn donations:

Payments and Transactions — Search

In order to guard against abuse of the search advertising revenue element of the We-Care service the amount that any qualified search will earn for a cause shall be calculated based on a pro-rata allocation of search revenues received across all causes based on the searches generated by supporters for each cause. Search advertising revenue earned via the We-care search functionality are disbursed in accordance with the policies for funds earned by We-Care users for their shopping activities.

User Accounts

Optional User Registration

We-Care.com believes that using our Services should be easy. You do not have to register in order to use or visit the We-Care.com Site, or to have a portion of Your online purchases at our Merchants donated to Your favorite Cause. However, registration allows You to take advantage of certain enhanced features, including:

Privacy

We-Care.com does not collect personally identifiable information about You unless You choose to provide it to us, either by registering at the Site or by voluntarily contacting us and providing us with Your email address or other personally identifiable information. To learn more about what personally identifiable and non personally identifiable information we collect, and how we use it, please read our Privacy Policy.

Tracking Your Transactions

Registered Users can view their transactions in the Your Account section of the Site. This allows Users to keep track of donations and to ensure that Merchants have properly reported purchases to We-Care.com.

Please note:

Shopping transactions typically post within three business days of payment, though some Merchants take longer. If You are a registered User and notice a missing or inaccurate transaction that is not corrected within 15 business day after Your payment has been processed, please contact us. We will contact the Merchant and try to resolve the issue. (See Payment Exceptions, below, for details on transactions that may not show up in Your Account.) Please remember, Amazon.com purchases will not show up under Your Account.

When contacting us to resolve a transaction error, please include the information found on Your receipt, including the name of the Merchant, purchase date, order number, items purchased, total price, and Your contact information as You provided it to the Merchant (name, address, phone number, and email address). Please do not include a credit card number.

Feedback

We-Care.com welcomes Your feedback. However, You understand and agree that by submitting ideas, suggestions, and feedback to us regarding the Services, including but not limited to the features, functionality, content, Causes or Merchants that are currently at the Site or that You would like to see be a part of the Services (“Feedback”), You are granting us an irrevocable right to use, incorporate, and exploit such Feedback in whatever manner we deem fit without any obligation to compensate or credit You.

Payment to Causes

Timing of Payments

We-Care.com pays Causes by check monthly. Payments are made approximately 90 days after a Qualifying Purchase occurs. This period allows enough time for Merchants to credit returns on purchases and for both Merchants and search engine partners to pay We-Care.com. A $10 minimum balance is required for payment to a Cause. Otherwise, balances are rolled over to the next month. If We-Care.com does not receive payment from the applicable Merchant or search engine in a timely fashion, payment to the applicable Cause may be delayed.

Commissions and Donations

When Users make a purchase while using one of our Services, we receive an affiliate-marketing commission from the Merchant or its agent. The Cause receives at least fifty percent (50%) of that commission as a donation except where otherwise noted below. As we do not charge Causes to participate or Users to use our Services, the remainder goes to We-Care.com so that we can continue to offer and operate our Services.

Donation percentages listed on the We-Care.com Site represent the amount that goes to the Cause (not the full commission amount). We-Care.com uses commercially reasonable efforts to ensure the accuracy of these numbers. However, as Merchants change their commissions frequently and often vary them by product or service, actual commissions and resulting donations may vary. We-Care.com has no control over Merchant policies and is not responsible for variances in donations.

We may, on occasion, distribute the We-Care Software on behalf of a Cause that has requested us to do so through a third-party partner who charges We-Care.com a fee for distribution. In these cases, the percentage donated to the Cause may be less than fifty percent (50%) of the commission and therefore the payment received by the Cause for a software enabled transaction may be less than the payment percentage listed on the Site in order to help defray the cost of paying our distribution partners. Similarly, we sometimes agree to perform special marketing programs on behalf of a Cause, or a Cause may have another request that results in the donation being less than fifty percent (50%) to account for the extra services We-Care.com is providing or additional costs we are incurring as part of the relationship with that specific Cause. In these instances, the Cause is fully aware of and formally approves of the reduction in donation to less than fifty percent (50%).

When a Qualifying Search is made, We-Care.com receives revenue from our search partners, and a User earns a donation for his or her selected Cause. The amount of the donation for each Qualifying Search is calculated as follows:

Each month, We-Care.com allocates fifty percent (50%) of the revenue We-Care.com receives from the use of We-Care Search in such month for donations when the search occurs without the use of the We-Care Software. When software is in use, the percentage may be lowered to reflect the costs of operating, maintaining and distributing the software. In all cases, after determining the total revenue available from search and applying the revenue share percentage based on direct or software facilitated searches, We-Care.com divides each amount by the total number of Qualifying Searches made in such month to determine the pro-rata amount to donate for each Qualifying Search.

Payment Exceptions

Under certain limited circumstances beyond our control, We-Care.com may be unable to make payments to Causes. These circumstances include, but are not limited to, the following:

Causes

Eligibility

We-Care.com works with a wide variety of Causes, including charities, educational institutions, associations, faith-based organizations, houses of worship, humanitarian groups, health organizations, advocacy groups, and many others. We take great pride in providing organizations with Services that help them raise money and strengthen constituent relationships.

We-Care.com is non-partisan and does not take a position on its clients’ missions, beliefs, or advocacy objectives.

We seek to work with organizations that share our commitment to equal opportunity and nondiscrimination. We-Care.com will not work with groups that promote violence, hatred, discrimination, or intolerance. We-Care.com will exercise its judgment in determining whether an organization violates the spirit of these principles.

Causes must be incorporated in the United States or Canada and eligible to receive donations under applicable law. (Nonprofit status is not required.) We-Care.com cannot work with PACs, political campaigns, or any other organization that, in our sole judgment, cannot legally receive donations through our Services.

Though we work with a diverse range of Causes, We-Care.com reserves the right to refuse to work with a Cause or prohibit the use of our Services by any Cause for any reason.

In addition, We-Care.com reserves the right to terminate our relationship with a Cause for any reason, including but not limited to a belief that a Cause is using the Services for illegal purposes or in connection with activities that we determine could expose us to liability or be harmful to our reputation.

Relationships

We-Care.com has two types of relationships with Causes: Affiliated and Non-Affiliated.

“Affiliated Causes” are Causes that formally apply for and receive a co-branded Service and indicate their assent to these Terms of Service. If You are reviewing these TOS on behalf of Your organization with the intent of becoming an Affiliated Cause, You should note the following:

Charitable Accountability

We-Care.com shall cooperate with the Cause in order to assist the Cause in its compliance with the Better Business Bureau's Standards for Charitable Accountability such that the consumer has full disclosure at point of sale and in advertising and promotions as to (i) any floor or ceiling on the monies paid by We-Care.com to the Cause, (ii) dates of the promotion (if applicable); and (iv) what percentage or amount of the purchase price (gross or net) is paid by We-Care.com to the Cause.

Termination of Affiliated Cause Relationship

Causes may terminate their affiliation with We-Care with 30 (thirty) day notice. As part of that termination Cause must indicate whether or not the termination is purely of the “Affiliated” status or if that cause wishes to be removed from the We-Care site altogether, no longer allowing users to select that cause for donation.

Prohibited Uses

We-Care Search

The use of We-Care Search is intended for real searches by real people. You shall not, and shall not authorize or encourage any third party to, directly or indirectly generate queries, impressions of or clicks on any search results, links, or sponsored results (i.e., ads) through any automated, deceptive, fraudulent, or other invalid means, including, but not limited to, repeated manual clicks, the use of robots or other automated query tools, or computer generated searches requests.

As per the robots.txt file on our search results pages, you may not automatically or robotically crawl the We-Care.com search results or manually copy the results from We-Care Search and reformat and display them on any other site. You may not incorporate We-Care Search results in your own application ore search results nor “meta-search” We-Care Search. If You are interested in adding a We-Care Search box to Your website in order to generate revenue for a specific Cause, please contact us.

Online Shopping Services

You may not re-post any coupon codes, links, or offers from any Services in any way that would prevent We-Care.com from receiving commissions through their use.

We-Care.com Services are intended for the use of adults. If we find that children under the age of 13 have used the Services, registered for an account, or submitted any personal information, such transactions shall be invalidated and any information submitted shall be disregarded and deleted. If You know of any information submitted by children, please contact us.

Additional Restrictions.

You may not modify, reproduce, copy, reverse engineer, decompile, reverse assemble or otherwise attempt to discover the source code or algorithms of any of the features or functionalities of any of the Services. You agree that You will not use any device, software or routine to interfere with the proper working of the Services or use any automated means, including, without limitation, agent, robots, scripts or spiders to access, monitor or copy the Services. You agree not to copy, modify, rent, lease, loan, sell, sublicense, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the Services or any technology underlying the Services. We-Care.com reserves all rights not expressly granted hereunder.

User Created Content.

We-Care.com may provide Users with the ability to post information and other material that will be visible to other Users, such as reviews or comments on their selected Causes ("User Created Content"). You may only upload to or otherwise submit to We-Care.com for distribution on the Services, User Created Content that You own or that You have full rights to distribute over the Internet. You understand that any User Created Content You provide to us will not be kept confidential. You further understand that You are solely responsible for Your own User Created Content and the consequences of posting or publishing such content. By uploading or otherwise making Your User Created Content available to We-Care.com for inclusion in the Services, You are granting We-Care.com an irrevocable, perpetual, worldwide, royalty-free and non-exclusive right and license, with full rights to sublicense to, use, distribute, reproduce, modify, adapt, publicly perform, publicly display and otherwise transmit such User Created Content on the Services, any co-branded or syndicated versions of any Services, and in marketing and other materials related to We-Care.com’s business in any media formats and through any media channels. You also represent and warrant to us that You own or have all necessary licenses, rights, consents, and permissions to grant us the rights set forth above. You further agree to ensure that all Your User Created Content complies with the requirements listed below under “User Created Content Conditions.” You acknowledge that We-Care.com shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any User Created Content that is available via the Services, including without limitation, with or without notice for any reason, including that such content violates these Terms of Service. Notwithstanding the above, We-Care.com assumes no responsibility for ongoing monitoring or editing of any User Created Content, even after receiving notice that such User Created Content is objectionable.

User Created Content Conditions.

You agree that any User Created Content You submit or otherwise provide to We-Care.com will not: (1) be offensive, harmful and/or abusive to any person or entity, including but not limited to, attacks against any particular person or entity, images depicting or language containing profanities, obscenities, harassment, vulgarities, sexually explicit material or material that promotes bigotry or discrimination against protected classes, (2) violate or infringe the intellectual property right, publicity right, privacy right or other proprietary right of any person or entity, (3) violate any law or regulation or contain defamatory, deceptive or libelous material, (4) contain personally identifiable information about any individual, (5) be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials, (6) be in a language other than English, be encrypted, contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information, or (7) assert or imply that Your User Created Content or any Cause or Merchant is sponsored or endorsed by We-Care.com.

Intellectual Property

Prohibitions

You acknowledge that the Services contains information, data, software, graphics, videos, text, images, typefaces, sounds, and other material that is protected by copyrights, trademarks, and other intellectual property or proprietary rights. Except as otherwise permitted under these TOS, You may not modify, remove, delete, publish, transmit, participate in the transfer or sale of, or create derivative works from, any of the Services. You further acknowledge and agree that the Services, including but not limited to the Site (but excluding any User Generated Content You submit), and the We-Care Software shall remain at all times owned by We-Care.com and its licensors.

Trademarks.

You acknowledge that We-Care.com, We-Care Reminder, and Shop & Give Gadget are all registered or unregistered trademarks, trade names, and/or service marks of We-Care.com. All other trademarks, tradenames, service marks, logos, brand features, and product and service names appearing on any of the Services (“Marks”) are the property of their respective owners. You agree not to display or use in any manner any We-Care.com Mark or third party Mark appearing on any of the Services without appropriate consent from the applicable Mark owner.

DMCA Procedure.

We-Care.com has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act (“DMCA”). Upon receiving notice of a potential copyright infringement claim with respect to content included in the Services, We-Care.com will remove or disable access to the allegedly infringing content if such notice complies with the requisite elements under the DMCA. If a User is found to be a repeat offender, We-Care.com may terminate the User’s account (if registered) and may terminate such User’s access to any or all of the Services.

Disclaimer of Warranty

THE WE-CARE.COM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FORM A COURSE OF DEALING OUR USAGE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, WE-CARE.COM DOES NOT REPRESENT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE ACCURATE, OR THAT YOUR ACCESS TO, OR YOUR USE OR OPERATION OF, ANY OR ALL OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF THE WE-CARE SOFTWARE OR OTHER WE-CARE.COM APPLICATIONS OR CODE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND , THE ABOVE PROVISIONS SHALL BE LIMITED TO THE MINIMUM DEGREE NECESSARY TO BE ENFORCEABLE IN SUCH JURISDICTIONS.

Third Party Links, Content and Services. Without limiting the above disclaimer, You acknowledge and agree that We-Care.com does not endorse and is not responsible or liable for the practices, content, products, services, advertisements or other materials on or available from any third party sites or services accessible from or linked to via any of the Services, including but not limited to those of Merchants and Causes. You further acknowledge and agree that We-Care.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, products, services, advertisements or other materials available on or through any such third party site or services, including those of Merchants and Causes. Your dealings with such third party sites or services are solely between You and such third party. Similarly, We-Care.com will not be responsible or liable for Your participation or membership in any third party services accessible via our Services (e.g. Facebook), or for Your compliance (or failure to comply) with any terms and conditions imposed upon You by such third party in connection with Your participation in such service.

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, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF ANY OF THE WE-CARE.COM SERVICES, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, STRICT LIAIBLITY, 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 PURPOSE OF ANY LIMITED REMEDY.

Any claim or cause of action arising out of Your use of the Site, these Terms of Service, or any other written policy posted at the We-Care.com Site must be filed within ninety (90) days after such claim or cause of action arose or be barred.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General

Indemnification

At our request, You agree to defend, indemnify and hold harmless We-Care.com, its affiliates, licensors, and their respective, officers, directors, employees, agents, and representatives suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising from: (a) any User Created Content You make available to or through any of the Services, (b) Your violation of these Terms of Service, or (c) Your violation of any applicable law, rule, regulation or of any third party right.

Termination of Services.

We-Care.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that We-Care.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof). In addition, we may indefinitely suspend or terminate Your (or any User’s) right to use or access all or any part of the Services, without notice, if we determine in our sole discretion that You have violated these Terms of Service or based upon our belief that Your continued use or access would violate applicable law or be harmful to us or another User. You understand that if You are a registered User, such suspension or termination would include termination of Your account. You understand and agree that we shall not be liable to You or any third-party for any termination of Your access to the Services.

Restrictions Applicable to International Use.

You agree to comply with all applicable laws, rules and regulations in Your use of the Services, including applicable export and import laws and regulations.

Miscellaneous.

These Terms of Service (together with the Privacy Policy and the EULA, if You have downloaded and installed any We-Care Software) constitute the entire agreement between us and You with respect to Your use of the We-Care.com Services (unless and until modified by We-Care.com as permitted pursuant to the terms described above). To the extent there is a conflict between these Terms of Service and the EULA, the EULA shall control with respect to Your use of We-Care Software. Headings are solely for reference and shall not affect the meaning or interpretation of any term or section of these Terms of Service. The failure of We-Care.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any portion of these Terms of Service is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof shall remain in full force and effect. If any provision of these Terms of Service shall be unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.

Governing Law.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to its conflict of laws provisions. You consent to the personal and exclusive jurisdiction of the federal and state courts sitting located within the county of New York, New York to resolve any legal matter arising from these TOS. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF THESE TERMS OF SERVICE.



Contact Us

If You have any questions or concerns about the Services or these Terms of Service, please contact us.

276 5th Ave, Suite 205
New York, NY 10001
(212) 678-2541

Updated: September 22, 2011