COMPLETE THE CIRCLE’S TERMS & CONDITIONS

AND PRIVACY POLICY

 

Complete the Circle LLC (“CTC”) owns and operates this website located at completethecircle.org (“Website”) and provides access to the Website for your personal use as a donor and for obtaining information, subject to the following Terms & Conditions. It is your responsibility to review these Terms & Conditions periodically. All changes automatically go into effect on the day they are posted on the Website and your use of the Website thereafter constitutes your agreement to all amendments.  By accessing or using this Website, you agree to follow and be bound by these Terms & Conditions.  In these Terms & Conditions, the words “user,” “donor,” "you" and "your" refer to you as an individual Website user, including as a donor or as a visitor, and "we", us" and "our" refer to CTC.

 

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AND IN THEIR ENTIRETY.  IF YOU DO NOT AGREE TO AND ACCEPT THE TERMS OF THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS THE WEBISTE.  THE WEBSITE IS NOT INTENDED FOR MINORS (DEFINED AS THOSE WHO ARE NOT AT LEAST 18 YEARS OF AGE), AND YOU MUST NOT USE THE WEBSITE IF YOU ARE A MINOR.

 

WEBSITE DESCRIPTION AND USAGE

 

This Website is an online fundraising venue for individuals or entities seeking to raise funds for their own Fundraising Campaigns (“Campaign Organizer”) and for donors to contribute (via donations) to Fundraising Campaigns posted by Campaign Organizer. For purposes hereof, the term "Campaign Organizer" shall be deemed to include any individual(s) or organization(s) designated as a beneficiary of a Fundraising Campaign. CTC makes no representations about the quality, safety, morality or legality of any Fundraising Campaign, or the truth or accuracy of content posted on the Website. CTC does not represent or warrant that Campaign Organizers posting Fundraising Campaigns will use donations as described in the Fundraising Campaign. As such, users use the Website at their own risk.

 

DONATIONS TO FUNDRAISING CAMPAIGNS

 

To make a donation, select the appropriate Fundraising Campaign posted on the Website and select the “Make a Donation” button. You will be taken to a donations page where you can make a donation to the selected Fundraising Campaign. The donations page will require you to enter certain “Personal Information,” such as name, address, telephone number, and email address, as well as “Payment Information,” which must be in the form of valid credit or debit card information. Donations will be processed by CTC’s payment processor, Stripe®. Each Donation will be divided into a Service Fee, a Payment Processing Fee, and a Fundraising Payment. The Service Fee is CTC’s service fee for hosting the Fundraising Campaigns on the Website, and is defined as five percent (5%) of each donation. CTC reserves the right to change the Service Fee once per calendar quarter. The Payment Processing Fee is the fee deducted by Stripe® for processing each donation. The Payment Processing Fee is established by Stripe® and is currently set as two point nine percent (2.9%) of each donation. Stripe® may revise the Payment Processing Fee from time to time. You may visit the Stripe® webpage (stripe.com) to verify the current Payment Processing Fee. The remaining portion of each donation is the Fundraising Payment, which is determined as the donation amount less the applicable Service Fee and the Payment Processing Fee. Each Fundraising Payment will be distributed to the Campaign Organizer of the particular Fundraising Campaign by Stripe®.

 

Fundraising Campaigns may be, but are not necessarily, charities to which you can make tax-deductible charitable donations. Those Fundraising Campaigns that are charities will be described as such in the information posted on the Website for the particular Fundraising Campaign. For those Fundraising Campaigns that are not charities, any donations you make will not be tax-deductible. CTC does not endorse, guarantee, make representations, or provide warranties for or about the truth, accuracy, or legality of any Fundraising Campaign (or the information on the Website describing a Fundraising Campaign). You are solely responsible for determining how to treat your donation for tax purposes.

 

CTC is a service provider and is not a Broker, Financial Institution, Creditor or Charitable Institution. The Website is an administrative platform only. CTC facilitates donations from you to the Campaign Organizers, but is not a party to any agreement between a Campaign Organizer and you. CTC is not a broker, agent, financial institution, creditor or insurer for you or any user. CTC has no control over the conduct of, or any information provided by a Campaign Organizer, and CTC hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

 

CTC does not guarantee that a Fundraising Campaign will obtain a certain amount of donations or any donations at all. We do not personally endorse any Fundraising Campaign or Campaign Organizer, and we make no guarantee, explicit or implied, that any information provided through the Website by a Campaign Organizer is accurate. We expressly disclaim any liability or responsibility for the success of any Fundraising Campaign, or the outcome of any fundraising purpose. You, as a donor, must make the final determination as to the value and appropriateness of contributing to any Fundraising Campaign and/or Campaign Organizer.

 

We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer, as applicable. As such, you will be responsible for resolving any disputes regarding donations or a Fundraising Campaign directly with the applicable Campaign Organizer. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer is not raising or using the funds for their stated purpose, please contact us to alert us of this potential issue and we will investigate. You may contact us at [email protected]

 

DONATION PAYMENTS

 

At this time, donations may only be made through the Website via credit and debit card payments, such as Visa, MasterCard, American Express (AmEx), and Discover. Your credit or debit card will be charged the same business day we receive your order.  In order to increase security of your Payment Information, once your credit or debit card is processed, we do not retain your card number nor do we have access to your card number. You, as a donor, represent and warrant to CTC that the Payment Information you provide is true and that you are authorized to use the credit or debit card. You agree that a certain minimum donation amount may apply, and that all donation payments are final and will not be refunded unless CTC, in its sole discretion, agrees to issue a refund.

 

USE OF WEBSITE CONTENT

 

CTC and/or our respective third-party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all text, photographs, images, illustrations, graphics and other works of authorship displayed on the Website (“Content”), except for third-party resources as discussed below.  All Content is protected by copyright, trademark, patent, and/or other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or license to the Content.

 

CTC grants you limited permission to view and print Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other Website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way.  This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms & Conditions. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

 

You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of the Website, use of the Website or access to the Website.   You are prohibited from using the Website or any Content to do any of the following:

 
  1. upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through the Website;

  4. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; or

  5. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes.”

 

You grant CTC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers license) for any content, information or materials that you post or upload to the Website such as personal messages, reviews, and feedback (other than personally-identifiable Personal Information and your Payment Information) (“User Content”).  CTC will not compensate you for User Content. CTC will treat any and all User Content that you upload or otherwise transmit to the Website as non-confidential and non-proprietary.  

 

TERMINATION

 

You agree that CTC, in its sole discretion, may terminate your use of and access to the Website or any part thereof with or without notice. You agree that any termination of your access to the Website under any provision of these Terms & Conditions may be affected without prior notice.  Further, you agree that CTC shall not be liable to you or any third party for any termination of your access to the Website.  WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE.

 

THIRD-PARTY RESOURCES

The Website and Content may contain hyperlinks to other resources and businesses on the Internet.  Those links are provided as citations, resources and aids to help you identify and locate other Internet resources that may be of interest and are not intended to represent or imply that CTC sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.

 

DISCLAIMER OF WARRANTIES

 

CTC makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website or any content. CTC expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website or any content.  CTC does not warrant that the functions performed by the Website will be uninterrupted, timely, secure or error-free, or that defects in the Website will be corrected. CTC does not warrant the accuracy or completeness of the Website or content, or that any errors in the content will be corrected.  The Website and content are provided on an “as is” and “as available” basis.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL CTC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CTC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THE WEBSITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

JURISDICTION AND VENUE

 

CTC controls and operates the Website from its headquarters in Lawrence, Kansas.  Any claim relating to the Website shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Leavenworth County, Kansas or the United States District Court for the District of Kansas.

 

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CTC’S PRIVACY POLICY    

 

How CTC Collects and Uses Information

This Privacy Policy covers your use of the Website, including how CTC treats “Donor Information,” which is personally-identifying information and/or financial information collected by us when you provides such information to us on a voluntary basis. As such, Donor Information means all personally-identifying and financial electronic data, content, and information submitted to us by you during your use of the Website. For example, Donor Information may include the Personal Information and the Payment Information you provide when making a donation. As provided below, during your use of the Website, some portions of your Donor Information may be retained and/or used by us.


Donor Information:

i.    Personal Information. As indicated above, we may gather personally-identifying information about you (i.e., Personal Information) when voluntarily provided to us by you, such as when you use the Website to make a donation. If you post Personal Information on the Website, you should be aware that any Personal Information you submit there can be read, collected or used by others or could be used to send you unsolicited messages. We may store Personal Information to facilitate operation of the Website or as otherwise may be required for record-keeping purposes. We may use your Personal Information for research and analysis purposes or as part of our maintenance, administration, and improvement of the Website. We may also share your Personal Information with third parties, such as affiliates, technology partners, or business partners.

ii.    Payment Information.  We may collect Payment Information, in the form of credit or debit card information, when you voluntarily provided by you, such as when you use the Website to make a donation. Such Payment Information is provided to our payment processor for processing your donation. After your donation is processed, we do not retain your Payment Information nor do we have access to your Payment Information. As such, we will not disclose Payment Information to third parties (other than to our payment processor) without your explicit consent.

 

In addition to Donor Information, CTC also collects, stores and analyzes log files, including IP addresses and Website usage data, from its servers.  For example, CTC collects information on what content users view. CTC collects information to assist in the maintenance, administration and improvement of the Website. CTC may share information with technology and business partners or may use information for research purposes, but CTC will refer only to aggregate data, not specific personally-identifying information.  CTC occasionally may share such non personally-identifying information with its affiliates and related technology affiliates.  In addition, CTC may combine your non personally-identifying information with information that CTC collects from other companies to enhance and personalize the Website, content and Website advertising.

 

CTC uses “cookie” technology that allows its servers to deposit codes on a user’s computer. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive.  You can configure your browser to accept all cookies, reject all cookies or notify you when a cookie is set.  If you reject all cookies, you may not be able to take full advantage of the Website.  CTC uses its own cookies for a number of purposes, including to keep track of preferences you specify while you are visiting the Website; estimate and report Website traffic; and conduct research to improve the Website and Content.  This information also is used for research purposes in the course of providing and enhancing the Website’s features and functions.  CTC’s cookies do not collect personally-identifiable Information.

 

Security of Your Donor Information

 

CTC implements physical, electronic and managerial procedures to safeguard and secure the Donor Information it collects. We follow generally accepted industry standards to protect the Donor Information submitted to us, both during transmission and once we receive it.  No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strives to use commercially acceptable means to protect your Donor Information, we cannot guarantee its absolute security.  Under no circumstances will we be responsible or liable for any loss or damages, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your Donor Information. If you have any questions about security on the Website, you can email us at [email protected].

 

Opting Out

 

You may choose not to provide us with any Donor Information.  However, if you do not provide Donor Information, you will not be able to make donations to any Fundraising Campaigns through the Website.  If you do not wish to receive information or promotional materials from us, you may unsubscribe from our mailing list on any one of the promotions or other materials we send to you.

 

Disclosing Personal Information

It may be necessary for us to share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of CTC's Terms & Conditions, as specified in this Privacy Policy, or as otherwise required by law.  In some additional cases, we may choose to buy or sell assets.  In these types of transactions, customer information is typically one of the business assets that is transferred.  We will transfer your Personal Information if we are acquired by or merged with another company or its assets acquired.  In this event, we will notify you by email or by putting a prominent notice on the Website before your Personal Information is transferred and becomes subject to a different privacy policy.

Third Parties

CTC may contract with or employ other companies and people to perform tasks on our behalf, and we may need to share your Donor Information with them to perform Website functions and to improve and enhance the Website. However, these companies do not retain, share, store or use personally-identifiable information for any secondary purposes beyond those requested by us.

Except as otherwise stated, this Privacy Policy addresses only the use and disclosure of information we collect from and in connection with this Website. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them.  We do not control the privacy policies of third parties and you are subject to the privacy policies of those third parties where applicable.  CTC is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from this Website. CTC strongly encourages you to ask questions before you disclose personally-identifying information to others.

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CTC’S INTELLECTUAL PROPERTY POLICY    

CTC has adopted the following general policy for copyright infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Pursuant to the DMCA, notices of claimed copyright infringement must be submitted to CTC’s Designated Agent for this Website as described below.

By Mail: 1517 Medinah Rd, Lawrence, Kansas 66047


By Email: [email protected]

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that any User Content (which includes content posted by any user or Fundraising Organizer) on the Website is infringing your intellectual property rights, you may be liable for damages (including costs and attorneys' fees).  If you are not sure whether the User Content infringes upon your intellectual property, please contact an attorney before contacting CTC.

If you believe that any User Content residing on or accessible through the Website infringes a copyright or other intellectual property right, to provide CTC of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification”). Your notice must specify the type of infringement and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed;

  2. Identification in sufficient detail of the material being infringed, including the relevant patent, copyright or trademark registration number;

  3. Identification of the User Content that is claimed to be infringing the identified intellectual property right.  Include information regarding the location of the infringing User Content with sufficient detail so that CTC is capable of finding and verifying its existence;

  4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting CTC on the owner's behalf, the address, telephone number and, if available, e-mail address;

  5. A statement that the notifier has a good faith belief that the User Content is not authorized by the intellectual property or copyright owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

B. Removal of Allegedly Infringing Material

Once a proper Infringement Notification is received by CTC’s Designated Agent, CTC may respond to a proper notice claimed of copyright infringement by (i) removing or disabling access to any User Content claimed to be subject of infringing activity; and (ii) terminating the account and Website access of repeat offenders.  If CTC removes or disables access in response to such a notice, CTC will make a good-faith attempt to contact the allegedly infringing user so that the user may submit a counter notification.  Whether to reinstate the objected to content is solely within the discretion of CTC.

C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent

If you materially misrepresent that your User Content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees).  Therefore, if you are not sure whether or not your User Content infringes the identified intellectual property, please contact an attorney before contacting CTC.

If a Website user believes that his or her User Content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA.  Please do not re-post your User Content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.

  1. Your physical or electronic signature;

  2. Identification of your User Content that has been removed or to which access has been disabled and the location at which your User Content appeared before it was removed or disabled;

  3. A statement, under penalty of perjury, that the you have a good faith belief that your User Content was removed or disabled as a result of mistake or misidentification of such User Content;

  4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining user’s address is located, or if your address is located outside the United States, for any judicial district in which CTC is located, and that you will accept service of process from the complaining user who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, CTC may send a copy of the counter-notice to the original complaining party informing that person that CTC may replace the removed content or cease disabling it in ten (10) business days.  Unless the intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at CTC’s discretion.

Please contact CTC’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:

[email protected]


 

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