Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OUR SERVICE OR WEB SITE (“SITE”) (THE TERM “SERVICE” SHALL HEREINAFTER REFER TO BOTH THE SITE AND THE SERVICE UNLESS THE CONTEXT INDICATES OTHERWISE) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN (“TERMS OF SERVICE” OR THE “AGREEMENT”). IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS. THE TERM “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ORGANIZATION (IF ANY).
This Service is owned and operated by Bryte Innovative Technologies, LLC dba Cause Connector (hereinafter “Cause Connector”, “we” or “us”).
Through this Service, subject to these Terms of Service, 1. Cause Connector provides configuration tools, configuration services, Cause Connector App publication and maintenance services; 2. Cause Connector provides documentation and API to clients and business associates; and 3. Cause Connector provides registration and management of Cause Connector’s giving service (“Cause Connector”). Section 5 of these Terms of Service apply only to Cause Connector.
You may open an account by completing the information on the sign up pages of this Site. You are responsible for maintaining the confidentiality of your user name and password. Your username and/or password may not be assigned or transferred to any other person or entity. You are required to provide your email address in order to open an account. Your email address will help us to verify your identity on future visits. In the event that you register using a non-existent email address or an email address that belongs to someone else, we may terminate your account without notice. You will be responsible for any damage caused by unauthorized access resulting from your failure to keep your password secure.
You may register to utilize Cause Connector’s giving functionality by registering for that service and providing your bank or other financial institution account information. When you do so, you:
authorize Cause Connector to act as your agent to collect donations in your name and donor information on your behalf;
represent and warrant that all account information that you provide to Cause Connector shall be true and correct;
represent and warrant to Cause Connector that at all times during the term of this Agreement, (a) you are recognized by the Internal Revenue Service as exempt from federal income tax under IRC Section 501(c)(3), and have public charity status under Section 509, and will utilize all donations received through Cause Connector in accordance with such tax-exempt status, and your organization shall not violate any restrictions imposed by applicable law on IRC Section 501(c)(3) entities, including but not limited to those proscribing political activity or proscribing the use of your income or assets for a private purpose; (b) you understand you may have obligations to register under, and covenant that you shall fully comply and bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements thereof; (c) you have completed and submitted the Electronic Funds Transfer Authorization Agreement [link to EFT agreement], (d) you shall promptly notify Cause Connector of any change in your tax-exempt status, and any inquiry by the IRS or any state or local government regarding the matters described in (a) and (b) above; (e) the donor of any online donation will not receive, nor be promised to receive, any valuable goods or services as a result of such donation; (f) you agree to indemnify and hold harmless Cause Connector from and against any loss or liability of any kind, including but not limited to fees and costs incurred in defense thereof, resulting from or arising in any manner from, the material breach or inaccuracy of any covenant, duty, representation or warranty set forth herein. Your obligation to indemnify Cause Connector shall survive termination of this Agreement. You agree to provide Cause Connector with the information for an acknowledgement letter and receipt that will be emailed to the donor automatically and will allow the donor to seek and have evidence for tax deduction purposes. You agree that Cause Connector may deduct its service fees from the donation amounts
Authorize Cause Connector and/or third parties associated with the processing of payments to debit your depository account in order to collect fees as well as for the purposes of funding refund requests by the donor and/or chargebacks imposed by the applicable credit card company used by the donor.
Agree that payment to the designated organization will be made approximately a week after receipt of funds from donor and will be sent to the designated organization via electronic funds transfer.
You warrant and represent that your representatives have legal and financial authority to make legally binding financial decisions on behalf of your organization;
Account applications with Cause Connector may be declined based on the background/creditworthiness of the applicant.
It is your responsibility to obtain your donors’ consent to be billed on a recurring basis in compliance with applicable legal requirements and Card Network payment rules.
You authorize us to provide your business name and limited information to financial services providers.
In the event of a default under this Agreement or a misuse of applicable funds, Cause Connector financial service providers facilitating card transactions on your behalf may also report your business name and the name of your principals to the MATCHTM listing maintained by MasterCard and accessed and updated by Visa and American Express or to the Consortium Merchant Negative File maintained by Discover, if applicable, pursuant to requirements of the Network Rules. You specifically consent to the fulfillment of the obligations related to this listing by Cause Connector our payment processor and to the listing itself and you waive and hold harmless Cause Connector from all claims and liabilities resulting from such reporting.
You may not utilize Cause Connector to process cash advances.
You may not act as a payment intermediary or aggregator or otherwise resell our services. Cause Connector utilizes Priority. Payment processing for Cause Connector is pursuant to a 3-party agreement between you, Bryte Payment Solutions, and Wells Fargo bank.
You agree that, from the time you begin processing payment with Bryte Payment Solutions until you terminate your account with us, we may identify you as a customer of Bryte Payment Solutions. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Bryte Payment Solution.
Credit card companies permit donors to dispute charges that appear on their bill. A Chargeback may result in the reversal of a transaction where you are immediately liable for the amount of the transaction.
When a Chargeback is issued, you are immediately liable to Cause Connector and/or Bryte Payment Solutions for the full amount of the transaction related to the Chargeback plus any associated fees, fines, expenses or penalties. You agree that, among other remedies, Cause Connector, and/or Bryte Payment Solutions may recover these amounts by deducting the amount of the Chargeback from any amounts owed to you by us. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. Where such amounts are not immediately paid to us, you agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks.
Chargeback reserves may be established by Cause Connector or Bryte Payment Solutions, or by Wells Fargo based upon risk parameters associated with your processing activity.
As a result, donated funds could be held either in whole or in part for an indeterminate time period.
You acknowledge that your use of the Service may result in Cause Connector disclosing certain of its Confidential Information to you. “Confidential Information” refers to certain information that Cause Connector reasonably regards as proprietary or confidential relating to its business, customers, products, proposed products, plans, inventions, processes and techniques, including without limitation: (i) information, software, designs, text, graphics, pictures, reviews, and sound files implemented or used by Cause Connector in its products or to support its business operations; (ii) trade secrets, business plans, strategies, methods and/or practices; (iii) computer systems architecture and configurations; (iv) information which is governed by any now-existing or future non-disclosure agreement between you ; (v) any other information relating to Cause Connector that is not generally known to the public, including information about government investigations and actions (where disclosure is permitted) personnel, products, customers, financial information, marketing and pricing strategies, services or future business plans; and (vi) any and all analyses, compilations, or notes prepared which contain or are based on any of the above information.
You agree to hold in confidence and not use or disclose any Confidential Information except in accordance with this Agreement. You may disclose Confidential Information, on a need-to-know basis, to your personnel who have agreed in writing to non-disclosure terms at least as protective as the provisions of this Section, for purposes permitted in this Agreement, subject to the condition that you shall be liable for their breach of this Section.
The obligations set forth in this Section do not apply to Confidential Information that (i) is in or enters the public domain without breach of this Agreement, (ii) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation, (iii) the receiving party knew prior to receiving such information from the disclosing party or develops independently without access or reference to the Confidential Information, (iv) is disclosed with the written approval of the disclosing party. Notwithstanding the Confidentiality Obligations set forth in this Section, each party may disclose Confidential Information of the other party as permitted by law (i) to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law but only after alerting the other party of such disclosure requirement and, prior to any such disclosure, allowing (where practicable to do so) the other party a reasonable period of time within which to seek a protective order against the proposed disclosure, or (ii) on a “need-to-know” basis under an obligation of confidentiality substantially similar in all material respects to those confidentiality obligations in this Section to its legal counsel, accountants, contractors, consultants, banks and other financing sources.
You agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to Cause Connector and that, in the event of such breach, Cause Connector will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
Unless otherwise indicated, the Service and all content and other materials on this Site including, without limitation, the Cause Connector trademarks, and all designs, text, graphics, images, information, data, software, documentation, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the property of Cause Connector and are protected by U.S. and international copyright, trade secret and other intellectual property laws.
The following actions are specifically prohibited: (a) any resale, lease or rental of the Site or the Service Materials therein; (b) the distribution, public performance or public display of any Service Materials; (c) modifying or otherwise making any derivative uses of the Site or the Service Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, offline readers, data mining tools, or the like to download data from the Site or Service or to cause an overload of Cause Connector servers ; (e) downloading (other than page caching) or copying any portion of the Site, the Service Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Cause Connector’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; (g) collection or harvesting of any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes; (h) use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site or the Service Materials other than for their intended purpose. Any use of the Site or the Service Materials other than as specifically authorized herein, without the prior written permission of Cause Connector, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Feedback–Any suggestions, ideas or feedback concerning the Service provided by you to Cause Connector shall become the sole property of Cause Connector. Cause Connector shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and circulation thereof for any purpose, without acknowledgment or compensation to you.
Cause Connector respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Cause Connector will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Bryte Innovative Technologies, LLC dba Cause Connector
Address: 76 S Laura St. Suite 1370 Jacksonville, FL 32202
LIMITATIONS ON USE OF CAUSE CONNECTOR SERVICE:
Any use of the Service that violates this agreement is strictly prohibited and may result in your exclusion from the Service, and your App being removed from any network, store or server, and any other platform on which the App has been published. Unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. With respect to the Service, you will use Cause Connector and any information obtained from the Service or a Cause Connector Account solely for the purposes authorized by this agreement. You will not circumvent Cause Connector’s intended limitations for any feature of the Service/Cause Connector App Interfaces as reflected in the Cause Connector Documentation from time to time. You will not encourage or promote the use of the Cause Connector Services in any manner or for any purpose that is not permitted under these. Terms of Service. You will not use or attempt to use the Cause Connector Service, App or any Service Data in any manner that is unfair, deceptive, or otherwise unlawful or harmful to Cause Connector, any Cause Connector Clients, or any third party. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
USE ONLY BY YOUR ORGANIZATION:
You may not transfer or assign your rights under this Agreement to any third party and any attempt to do so shall be void.
The App shall only be distributed to end users by Cause Connector through the app networks, app stores, servers, and platforms selected by Cause Connector, utilizing in every case a form of license acceptable to Cause Connector. Violation of the provisions of this Section may result in deactivation of the Cause Connector App without refund.
All Content included in your data feeds must be viewable on your web site at such time as it is viewable using the Cause Connector App. You may not make the Cause Connector App available to another entity for inclusion of their Content and you may not rent, lease, or sell the Service to third parties or otherwise provide other entities with the ability to distribute their Content through the Cause Connector App unless it is branded as your Content. You agree not to resell, republish, duplicate, reproduce or exploit any part of the Service without Cause Connector’s prior written permission.
DATA FEEDS; RESTRICTIONS ON CONTENT POSTED:
You shall be solely responsible for establishing, and maintaining a connection to the Internet, and providing the required data feeds to support proper function of the Cause Connector App. In providing Cause Connector with Customer Materials, you grant Cause Connector an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, transmit, publicly perform, digitally perform, publicly display, and distribute them through Cause Connector Apps on any platform, network, store, server, in the Internet. This license is non-exclusive, except you agree that Cause Connector shall have the exclusive right to combine Customer Materials with a Cause Connector App. You represent and warrant that you have all rights needed to authorize Cause Connector to use, copy, transmit, publicly perform, digitally perform, publicly display and distribute the Content provided through such data feeds.
You may not use the Service in a prohibited manner or include in the data feed any Content that is prohibited. Cause Connector reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Content served through the Cause Connector App and terminating the violator’s Service without refund. We value integrity, truth, and respect for others, and we strive to avoid offending users with content, apps, or websites that are inappropriate for our network. For this reason, we don’t allow the publication or promotion of hatred; violence; racism; blasphemy; or sexual, religious, or political content or activity that violates or disparages traditional Christian scripture and values, or organizations with such views.
The following is prohibited:
Harassment or perceived harassment of another person.
Unsolicited mass mailings or “spam”.
Content determined by Cause Connector to be illegal, or to violate any local, state or federal law or regulation or the rights of any person or entity.
Harmful, offensive and abusive language, including but not limited to: hate speech, expletives, harassment, obscenities, vulgarities, sexually explicit language or images, video or other content (e.g. nudity, bestiality, pornography).
Content that is inappropriate based on the subject matter.
Content that is encrypted or that contains viruses or any other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system or information.
Content that violates intellectual property rights of any person.
You agree that you will only utilize Content that you believe to be true and you will not purposefully provide false or misleading information.
You further agree that you will not:
Modify, adapt, translate, or reverse engineer any portion of the Service;
Take any action that creates an unreasonably large load on our IT infrastructure;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;
Create user accounts by automated means or under false or fraudulent pretenses;
Collect information about other users for any improper purpose;
CONSENT TO RECEIVE EMAILS:
By using the Service, you consent to receive emails from Cause Connector, which may include commercial emails. We will not use your information to send you news or product updates, unless you “opt in” to receiving such communications. In addition, you may “opt out” of receiving marketing or promotional email from Cause Connector by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. Please note, however, that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from Cause Connector.
RIGHT TO UPGRADE SERVICE:
Cause Connector reserves the right to upgrade and/or change the Service at any time without notice.
PAYMENT FOR SERVICES:
Your total configuration fee shall be as shown in the Statement of Work (if any), which incorporates all of the terms and conditions of the Terms of Service already agreed to by the parties. Upon your acceptance of the Statement of Work, you authorize Cause Connector to bill you for a deposit of the configuration amount shall begin configuring a Cause Connector App according to the specifications in the Statement of Work. When you authorize Cause Connector to charge your credit card for the monthly service fees associated with the Service Plan selected by you, Cause Connector will submit the Cause Connector App for publication on the platform you selected. Cause Connector shall charge your credit card the agreed monthly fee each month in advance. You represent and warrant that all credit card, ACH, and or other payment and related information that you provide to Cause Connector for such purposes shall be true and correct. In the event that Cause Connector chooses to increase rates, it shall provide you with email notification of such increase at least thirty (30) days in advance and you may elect to terminate the Service prior to such increase becoming effective by contacting Cause Connector by email. You must promptly inform Cause Connector of any changes in your credit card information. All payments shall be made in U.S. dollars. The charges included here do not include taxes. If Cause Connector is required to pay any federal, state or local sales, use, property or value added taxes based on the services provided under this Agreement, the taxes shall be separately billed to you, unless you are able to provide proof of appropriate, qualifying tax exempt status. Cause Connector shall not pay any interest or penalties incurred due to late payment or nonpayment of such taxes by you. Upon your failure to pay monthly fees, you authorize Cause Connector to remove the Cause Connector App from any and all platforms on which the Cause Connector App has been published. After the first year of Service, you may terminate the Service at any time. Prepaid fees are non-refundable. To cancel your app prior to the end of your terms of service, you are required to pay a $500 cancellation fee or the remainder of your service agreement.
NON-SOLICITATION AND NON-COMPETITION:
During the term of this Agreement and for a period of two years from the date your account expires or is terminated, you will not solicit those vendors or customers of Cause Connector that you learned of or with whom you developed relationships as a result of your relationship with Cause Connector nor will you divert or attempt to divert from the Cause Connector any business Cause Connector enjoyed or solicited from such customers and to the extent that you gained valuable confidential information from Cause Connector, you shall not enter into competition with Cause Connector .
NONINTERFERENCE WITH CAUSE CONNECTOR EMPLOYEES:
During the time that your account is active and for two (2) years following, you agree that you will not: induce, or attempt to induce, any Cause Connector employee to quit Cause Connector’s employ, recruit or hire away any Cause Connector employee, or hire or engage any Cause Connector employee or former employee whose employment with Cause Connector ended less than one year before the date of such hiring or engagement.
Cause Connector does not guarantee acceptance of Cause Connector Apps or data by Apple, Inc. or gatekeepers of other platforms, networks, stores or servers. If the app is rejected by them for code defects, Cause Connector will correct them and re-submit them as soon as reasonably possible. If the app is rejected for any other reasons (content, feeds, branding, etc.), Cause Connector will use the allocated consulting hours to work with you to fix and resubmit the app. This warranty to you shall be null and void if you are in default under this Agreement.
Closing your account shall not relieve you of the obligations and/or restrictions stated herein.
DISCLAIMER OF WARRANTIES:
EXCEPT AS STATED ABOVE, THE SITE, THE SERVICE MATERIALS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS ABOVE, CAUSE CONNECTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CAUSE CONNECTOR DOES NOT REPRESENT OR WARRANT THAT SERVICE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CAUSE CONNECTOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL CAUSE CONNECTOR OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE SERVICE, THE CONTENT OR THE SERVICE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CAUSE CONNECTOR OR THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CAUSE CONNECTOR’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF CAUSE CONNECTOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SITE OR THE SERVICE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CAUSE CONNECTOR.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”
You agree to indemnify, defend and hold Cause Connector, its subsidiaries, affiliated companies and their respective shareholders, directors, officers, employees, agents, attorneys, successors and/or assigns, (the “Indemnified Parties”) harmless from and to reimburse the Indemnified Parties for any claims, cost, expenses, losses, demands, damages, legal fees and costs, penalties, and/or liabilities of any kind or nature, resulting from or relating in any way to your use of our Service. You further agree to indemnify, hold harmless and defend Cause Connector against any claims asserted or threatened against Cause Connector by your end users related to or arising in any way out of your breach of warranties or representations, services, operation of your organization, use of our Service, or failure to provide services. We may defend any such claim, at our option, and you must pay our attorney fees and costs. This indemnity will continue in full force after expiration or termination of this Agreement.
APPLICABLE LAW AND VENUE:
These Terms of Service and your use of the Service shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Service or these Terms of Service shall be filed only in the state and federal courts located in Duval County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
In the event of any controversy between the parties, the parties hereto shall consult and attempt to reach a solution satisfactory to both parties. If they fail to do so within a period of thirty (30) days, then either party may, by notice to the other, demand mediation under the mediation rules of the American Arbitration Association. If resolution is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Jacksonville, Florida. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. This Section shall not apply to claims concerning the ownership, validity, infringement, misappropriation, disclosure, misuse or enforceability of any confidential information, patent right, copyright, mask work, trademark or any other trade secret or intellectual property. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section shall not be affected.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. If there is any overlap or similarities with other previous agreements between you, these Terms of Service shall supersede those other agreements.
ACCREDITATION AND PROMOTION:
The Launch screen of the Cause Connector App shall bear a copyright notice and the branding of Cause Connector in the form, size, and location chosen by Cause Connector in its discretion. The Software’s graphical user interface shall display copyright information and the credit “Designed + Developed by Cause Connector” or similar credit in the form, size and location chosen by Cause Connector in its discretion. Cause Connector retains the right to reproduce, publish and display static screen shots, motion demos, and other representations of the Cause Connector App with your name and logo in Cause Connector-owned and affiliated portfolios and websites, and in galleries, design periodicals and other media or exhibits for purposes of publicity. In the app stores and marketplaces, keywords “Cause Connector” must be included. Also, credit must be mentioned in the app description. In all other places where Cause Connector App is marketed or distributed, you shall add the following statement “designed and built by Cause Connector. Copyright © 2009-2017 Cause Connector” or similar credit in the form, size and location chosen by Cause Connector in its discretion, and include a link to the Site if the statement is made in electronic format.
Revision -1.0 August 21, 2017