Section headings in these Terms and Conditions are for convenience only and do not have any force or effect.
Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions may register for an account and use the Site and Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the website and related services by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms and Conditions. By registering for an account or using the website and any related services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a registered user and use the services made available to registered users, and you further agree to abide by all of the terms of these Terms and Conditions.
Changes to the Terms and Conditions
Company may update these Terms and Conditions from time to time by posting revised versions on the site, without notice to you except that the effective date at the top of these Terms and Conditions will change and your subsequent use of the site is governed by that new Terms and Conditions.
You can donate just about anything on the Site, but you do have to comply with all local, state and federal laws and regulations. A nonprofit beneficiary organization may, in its sole discretion, determine that certain types of items, or any specific listing, is inappropriate as a donation for its benefit. If Company or a nonprofit beneficiary organization determines that the content of a listing is prohibited, illegal or inappropriate, the listing may be removed without prior notification.
The following items may not be listed on CauseStuff.com.com or any website or service maintained by Company:
• Recalled Products (any products recalled by the Consumer Product Safety Commission are prohibited)
• Unauthorized (Pirated) Copies of Media (music, movies, TV shows, photos, radio programs, concerts, software, video games, etc.)
• Replicas of trademarked items (counterfeit and 'knock-off' items)
• Adult and Pornographic Products
• Firearms, Ammunition, and Weapons
• Stock and Securities
• Lottery Tickets
• Prescription or Illicit Drugs
• Tobacco Products
• Unauthorized/Illegal Wildlife Products (including illegal animal byproducts - skins, organs, tissue, bones, feathers, etc. - of endangered species)
• Stolen Goods
Terms for Donating Items
By clicking the 'Post for Sale' button, you are pledging the donated item as a contribution to the nonprofit designated as the beneficiary on the page where you clicked 'Donate.' You understand that CauseStuff.com has been engaged to execute the sale of the donated item(s) on behalf of the nonprofit and pay the proceeds over to it, withholding a fee for the services provided in completing the transaction. You agree that, upon notice from us that the item has been sold (and within the time frame you indicated when posting the item), you will deliver the item in accordance with the delivery option you offered that was selected by the buyer. If the buyer selected local delivery, you will arrange with the buyer a time and place for the buyer to take possession. If the buyer has paid for shipping, CauseStuff.com will generate a prepaid shipping label for you to print and affix to the package. When the sale is completed, your pledge is satisfied, and your contribution becomes final. CauseStuff.com, on behalf of the nonprofit, will send you a receipt to use for tax purposes.
You understand that only if and until someone purchases and takes delivery of an item will it become a charitable contribution. You cannot claim an unpurchased item as a tax-deductible contribution to charity, and it remains your property (pledged to the charity) until it is sold. If you delist the item that is treated as a rescission of your pledge. Upon confirmed receipt by the buyer, the gift is perfected, and the value of the item can be claimed as a charitable contribution. In the unlikely event that a buyer refuses to take delivery of an item, the gift is not perfected, the item remains your property, and there is no contribution. If the buyer accepts the delivery but requests a refund and you have selected the option to have the item returned to you, the gift is rescinded, and the item will be returned to you and no charitable contribution may be taken. Otherwise, once a buyer has taken delivery of an item, you will no longer own it and it will not be returned to you. In the event of a buyer refund or return, CauseStuff.com will relist the item (possibly at a different price) or otherwise sell or dispose of the item as CauseStuff.com sees fit, subject only to any instructions we receive from the nonprofit. If an item is resold, the proceeds received by the nonprofit for your contribution may be different than the amount of the original sale, or if CauseStuff.com cannot sell or liquidate the refunded item, there could be no proceeds to distribute to the nonprofit.
All items shipped using a CauseStuff.com prepaid shipping label include insurance. If a claim is made that the item was lost or damaged in shipping, and that claim is filed within 30 days of expected delivery, the item will be treated as a return under the 30-Day Buyer Assurance Guarantee. The purchase price will be refunded to the buyer. CauseStuff.com will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale.
Note about nonprofits' use of donated items
Please note that unless otherwise notified, no items donated through the Site will be consumed or distributed in fulfilling the purpose or function of the charity or tax-exempt organization to which it is donated. For example, donated medical supplies will not be used by a disaster-relief organization to aid victims and donated art will not be hung or displayed by the charity to which it was donated.
Terms for Buying Items
By clicking the 'Buy Now' button, you agree (i) to purchase the indicated item; (ii) that CauseStuff.com may charge your credit card for the purchase price (including shipping and sales tax, if applicable), and (iii) that the net proceeds will be paid to the nonprofit designated as the beneficiary. You understand that the IRS does not regard the purchase price as a tax-deductible contribution to charity because you have received goods in exchange for your payment.
CauseStuff.com does not control or guarantee (i) the accuracy of users' content, listings or claims, (ii) the quality, authenticity, safety, or legality of items offered, or (iii) the donor's rights or ability to offer listed items. Purchases are non-refundable. If an item does not match the donor's description the buyer and the donor shall resolve the dispute between themselves. If the item is not shipped within seven (7) business days of purchase a full refund will be processed by the platform.
All items that are shipped using a prepaid shipping label include USPS insurance based on the price paid for the item, package type, and service class. USPS regulations for insurance claims can be found here. In the event of a claim for loss or damage, CauseStuff.com will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale. This may affect the proceeds received by the nonprofit for the contributed item. In accordance with USPS policy, CauseStuff.com will similarly assist you in filing with USPS any claim on the buyer's behalf concerning a lost or damaged shipment. Note that although a claim can be made with USPS, in accordance with their policies.
Note that under USPS guidelines, claims for damaged shipments must be made no later than 60 days from the mailing date. Claims for a lost Express Mail package must be made no later than 90 days after the original mailing date and claims for all other packages must be made no later than 180 days after the original mailing date. CauseStuff.com will pay the proceeds of any shipping insurance claim it receives over to the buyer.
For any shipping insurance claim at any time, USPS requires that you retain the damaged article and mailing container (including wrapping, packaging, and contents). USPS may require you to turn the materials over to a Post Office for inspection, retention, and disposition in accordance with the claim’s decision.
Users agree not to use the Site or Services to:
1. Post, use or transmit content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
2. Post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation or advertising;
3. Post, use or transmit false product identification information, including UPC codes, in product description pages.
4. Post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the websites or services or servers or networks connected to the websites or services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the websites or services;
5. Post or transmit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
6. Intimidate or harass another;
7. Use or attempt to use another's account, service, or personal information;
8. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the websites or services;
9. Attempt to gain unauthorized access to the websites or services, other accounts, computer systems or networks connected to the websites or services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the websites or services or any activities conducted through the websites or services;
10. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the websites or services;
11. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
12. Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, unless there is a written agreement between you and Company in effect to the contrary, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the websites or services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the website or service); or, (ii) use the Site or Services in any manner that could disable, overburden, damage or impair the Site or Services, or interfere with any other party's use and enjoyment of the Site or Services.
Content Available On or Through the Site and Services
1. Responsibility for content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, 'Content') which you may have access to as part of, or through your use of, the Site and Services are the sole responsibility of the person from whom such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Company does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Site and Service. You understand that by using the Site and Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Company liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Site and Services.
2. Licenses Associated With Content on the Site and Services.
a. Company Content: All Content (other than computer software) owned by Company and made available by Company on or through the Site or Services is licensed under the Creative Commons Attribution 3.0 Unported license unless marked otherwise. b. Your Content: You retain the copyright in your Content that you provide on the Site or in connection with the Services. You hereby agree that all Content you voluntarily provide to Company on or through Site or Services is licensed under a Creative Commons Attribution 3.0 license, is not copyrightable, or is in the public domain (such as Content you or another make available under CC0). When you post your Content, you designate Company (including CauseStuff.com) as the 'Attribution Party' for the purposes of the Attribution 3.0 license, as defined therein, and grant permission for CauseStuff.com to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Creative Commons Attribution 3.0 license, you must not provide it to Company. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to Company on the Site or Services, you are licensing such Content under a Creative Commons Attribution 3.0 license in addition to any such other license that may apply to your content, and designating Company as the Attribution Party for purposes of that license. c. Third-Party Content: Third Party Content and Third-Party Websites (as defined in Third Party Website Content and Links, below) that Company links to or embeds in the Site, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that Company supplies, as a courtesy Company will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Creative Commons Attribution 3.0 license; provided, however, that Company cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such before use. d. Product Search Results: Company provides a product search tool as a service to assist users in creating listings. The search tool may return Content that infringes on the rights of a third party. The Company will make reasonable efforts to clearly mark Content returned by our search tools that may infringe on the rights of a third party. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
3. Content You Provide. You may only submit Content to the Site or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms and Conditions. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without the express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through the Site or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Company may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Company determines violates the Terms and Conditions or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Company does not endorse or support any Content posted by you or any other third party on or through the Site or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Site or Services, and you authorize Company to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Site or Services. You may request the removal of your Content from the Site or Services at any time, and Company will take reasonable steps to promptly remove such Content; provided, however, that Company can remove any such Content only from Site and cannot remove Content from email archives, wiki history pages and similar community forums where you may post Content, or others' computers, such as Content you may have sent to others in an email posted to a Company email list. If you choose to remove your Content, the license you granted when submitting such Content (see subparagraph (2)(a), above) will remain in full force and effect in accordance with its terms.
4. Use of Content on the Site or Services. You may use the Content you find on the Site in accordance with the Creative Commons Attribution 3.0 Unported license unless marked otherwise. For the avoidance of doubt, you must attribute all Content (except public domain Content) to CauseStuff.com. By using the Site or Service, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Site without your own independent evaluation of that Content. The Company does not guarantee that Content made available on or through the Site or Services does not infringe on the rights of any third party.
Proprietary Rights Restrictions
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.
All Company trademarks and service marks, logos, slogans, and taglines are the property of the Company. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Company, or such third party that may own the trademark, service mark, logo, slogan or tagline.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Company ("Comments") are not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
Third-Party Website Content and Links
The Site may contain links to websites not controlled by Company ('Third Party Websites'), as well as Content belonging to or originating from persons or organizations other than Company ('Third Party Content'). You acknowledge that Company is not responsible or liable for any Third-Party Websites or any Third-Party Content, information or products made available at any Third Party Website. You further acknowledge that Company (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non-infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site and using the Services for any reason or for no reason whatsoever, including improper use of this Site or the Services or failure to comply with these Terms and Conditions, and to take any other action we deem appropriate. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site, Services and/or to any Content therein.
We may post Content from third parties in some areas of the Site. Any third-party posting Content to the Site is solely responsible for said Content and compliance with these Terms and Conditions.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, NONPROFIT PARTNERS OR AGENTS (THE "COMPANY PARTIES" OFFER THE SITES AND SERVICES AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR THIRD-PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR THROUGH THE SITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITES OR SERVICES, FOR YOUR USE OF THE SITES OR SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH THE SITE IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES.
You agree to indemnify, hold harmless and defend the Company Parties harmless from and against any and all loss, liability, claims, causes, actions, damages, expense, cost (including but not limited to reasonable attorneys' fees), or penalties , incurred or made against the Company Parties in connection with any claim arising out of or related to: (1) your use of the Site, the Services or the Content (2) any breach of these Terms and Conditions by you or your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content you provide to Company. You agree to fully cooperate as reasonably required by a Company Party. Each Company Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Company Party.
THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Resolution of Disputes
These Terms and Conditions contain a binding arbitration provision that may be enforced by the parties. Any controversy or claim arising out of or relating use of the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Company. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Company may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or Company pending the completion of arbitration.
You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Copyright Complaint Policy
If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
If you have any questions about the site or these Terms and Conditions, you may contact us via e-mail at [email protected]
We are always glad to hear your questions and comments.