Just4Cancer : Peer-to-Peer Crowdfunding Network Fighting the Financial Impact of Cancer. : Terms & Conditions
 

TERMS & CONDITIONS

LAST UPDATED: December 20, 2018

1. ACCEPTANCE OF TERMS

1.1 Just4Cancer, Inc. ("Just4Cancer") requires that all donors ("Donors"), fundraisers or beneficiaries ("Fundraisers"), "Advocates" when asking upon behalf of another individual , non-profit organizations and/or governmental agencies ("Trusted Partners") and all other visitors including those who choose to be Models ("Models), Charities, Sponsors, Fund finders or Designers (collectively known as "Members") to its site ("the Site") agree to these Terms and Conditions. You should review carefully the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. As used in this Agreement, "we," "our" and "us" means Just4Cancer unless otherwise indicated.

2. WHO WE ARE

2.1 Just4Cancer™ is a social crowd funding platform that allows everyone to raise and give money to support cancer charities and families affected by cancer. Our belief in the law of reciprocity - that we rise by lifting others - enables us to blend the concept of fundraising and giving, thereby giving each family the unique opportunity to become part of the fundraising ecosystem. We further use fashion in a fun and engaging way to increase donations and propel the quality of life of cancer patients, survivors and caregivers.

Just4Cancer is a for profit entity with social responsibility. We are committed to our cause and deeply rooted in our philosophy of giving.

3. WHAT WE DO

3.1 We allow you to raise funds on this platform for any cancer cause, with or without a campaign.

3.2 You can sign up as a Donor. As a Donor, you can help the campaign of any member (model, designer or charity). to the fashion event finale. A Donor can donate to everyone on the platform; models, designers, fund finders, charities. However, donorship to fund finders shall not count towards a place at the finale unlike donorship to models, designers and charities. You can attend our beauty, fashion or health classes during the finale weekend which will be presented by top professionals in the industry.

3.3 Each Fundraiser, Trusted Partner, or Advocate creates an online account and then submits a proposal for a cause or activity (“Application or Project”). Through the submission and publication process, the Fundraiser, Trusted Partner, or Advocate is able to post stories, photos, and videos about their need. All visitors to Just4Cancer.com can search through all our active Projects and choose to donate to the ones that interest them.

4. ANTI-DISCRIMINATION POLICY

4.1 Just4Cancer, Inc. does not and shall not discriminate on the basis of race, color, religion (creed), gender, age, national origin (ancestry), disability, marital status, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.

5. FEATURES AND SITES

5.1 When using the Site, you will be subject to any additional posted policies or rules applicable to specific media, services, and features, which may be posted from time to time (“the Policies”). All such Policies are hereby incorporated by references into these Terms and Conditions.

5,2. Just4Cancer shall verify the beneficiary of all campaigns and members understand and agree to sign and submit the Beneficiary(Medical) Release Form to providing medical facilities.

5.3 Any donation to a selected charity, made upon withdrawal of funds raised, shall be obligatory and minimum is 2.5% of fund raised or $10. There is no maximum.

6. MODIFICATIONS TO TERMS & CONDITIONS

6.1 We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions and any Policies periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these terms, such amended terms shall automatically be effective after they are initially posted on the Site. Please note that additional and/or different conditions and terms of use may apply to our media, or services provided through one or more of our Trusted Partners or business associates, and you should refer to those before using such services.

7. AVAILABILITY OF THE SITE

7.1 The Site may change or discontinue media, features or services available within the site at any time and without notice. Just4Cancer makes every effort to ensure current media and services; however, Just4Cancer makes no commitment to update these materials on the site.

8. SERVICES PROVIDED BY JUST4CANCER

8.1 If you choose to start a campaign, you authorize Just4Cancer to provide the following services (the “Just4Cancer Service” or “the Service”) on your behalf. Just4Cancer will (a) review project Applications at random for compliance with the Just4Cancer eligibility and validity requirements; (b) accept and process online donations made by individuals or entities through Just4Cancer.com; (c) hold the funds received through online donations in an account; (d) remit funds via one-time payment to the fundraiser by ACH transfer or any major debit/credit cards through Stripe after the Project is closed by reaching a predetermined funding goal or deadline; (f) provide an electronic receipt to the Donor for each donation at time of donation via e-mail.

8.2 At the close of a Project, Just4Cancer will notify the fundraiser and, if applicable, the Advocate and the Trusted Partner regarding the planned distribution of funds.

9. JUST4CANCER ACCOUNTS AND PROFILES

9.1 Each Fundraiser, Advocate, Trusted Partner, Volunteer must create an account by completing all required fields on the applicable account set-up web page and must have an email account to verify access. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete, and accurate; and (b) update this information so as to maintain its accuracy. A Donor can either create an account or donate as a Guest. If a Donor chooses to donate as a Guest, then the Donor must provide a valid email address in order to receive a tax receipt. In no instance will Just4Cancer reproduce tax receipts or donor history for Donors who donate as a Guest.

9.2 If you choose to register by creating an account, you are responsible for all activities occurring under your email address and for keeping your password secure.

9.3 When you create an account, you may opt out of receiving email news and updates from Just4Cancer other than transactional activity. You may also opt out of permitting Just4Cancer to share your name and contact information with third parties to receive communications from the third party. You may also opt out of permitting Just4Cancer to share your email address and name with third parties to receive communications from the third party. You may unsubscribe by changing your profile options (account holders only) or by using the link found on the email message to unsubscribe.

9.4 You may choose to remain anonymous, but if you do not choose to remain anonymous, your display name will default to your first name and last initial unless you enter a different display name. If you choose to be not anonymous, your real full name shall be displayed, and all past posts and interactions shall be automatically updated with your real name.

These anonymous settings apply to all Users.

Both member’s registered name and display name shall be searchable on the site.

Member cannot set anonymous and display name at the same time. Only one option can be used at a time.

9.4.1 Guest Checkout

9.4.1.1 A Donor can either create an account or donate as a Guest. If a Donor chooses to donate as Guest, then the Donor must provide a valid email address in order to receive a tax receipt. In no instance will Just4Cancer reproduce tax receipts or donor history for Donors who donate as a Guest.

10. ADDITIONAL PROVISIONS SPECIFIC TO FUNDRAISERS, ADVOCATES AND TRUSTED PARTNERS

10.1 Any individual, entity, or organization that submits an Application is subject to the following additional terms of these Terms and Conditions that apply specifically to Fundraisers, Advocates, and Trusted Partners.

10.2 By submitting an Application as a Fundraiser or on behalf of an individual as an Advocate or Trusted Partner, you warrant and represent that:

10.3 (a) You are not below the age of 13; (b) All information you provide to Just4Cancer is truthful, current, complete, and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a Project with a cancer connection and that complies with all applicable federal, state, and local laws and regulations; (d) You understand and agree that information identifying you (other than contact information) and the Project will be published on Just4Cancer.com to promote the core need you have identified; (e) You will use all donated funds solely for the Project you have identified, and may choose to keep part of it for yourself; (f) You agree to provide clearly identifiable documentation; (g) You will provide updates with the progress and outcome of your Project through use of Just4Cancer.com Project updates; (h) If you are a nonprofit organization you: (i) have tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) are registered with the GuideStar database, (iii) agree that all proceeds must be used for the published individual, family, or community improvement Project and that no proceeds will be used for the organization’s general expenses.

10.4 Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Service.

10.5 You understand and agree that there is no guarantee or expectation that Just4Cancer will be able to meet your goal in full. The success of your Project relies solely on the generosity of others. Just4Cancer retains the sole power and ability to direct, redirect, or otherwise distribute funds in a manner deemed appropriate by Just4Cancer, in its sole discretion.

10.6 If the Fundraiser is a natural person, you understand and agree that, in the event you die at or before the Project has completed by reaching a predetermined funding goal or deadline, the funds will be paid to your beneficiary. The beneficiary is your spouse, if living, otherwise your surviving children in equal shares, otherwise your estate.

10.7 Depending on the type of request you submit, you may need to provide additional information, authorizations, or documentation at the discretion of Just4Cancer, including, but not limited to, the following:

10.8 Acts of Nature, Natural Disasters or Accidents

10.8.1 Photos or video of damages

10.8.2 Photos or video of individual affected

10.8.3 Assessment by reputable assessor of damages incurred.

10.8.4 Insurance claims

10.8.5 News reports

10.8.6 Copies of relevant bills

10.8.7 References

10.8.8 Proof of ownership of affected property

10.9 Medical Conditions

10.9.1 Photos or video of individual affected

10.9.2 Insurance claims

10.9.3 Proof of medical condition such as doctors signed statement.

10.9.4 Representative medical bills

10.9.5 Documentation of other private or public assistance applied for and/or received.

10.9.6 News reports if applicable.

10.9.7 References

11. ADDITIONAL PROVISIONS SPECIFIC TO DONORS AND VOLUNTEERS

11.1 Any individual, entity, or organization that registers for a Donor account, volunteers or donates as Guest is subject to the following additional terms of these Terms and Conditions that apply specifically to Donors and Volunteers.

11.2 You are not a minor; (b) all information you provide to Just4Cancer is truthful, current, complete, and accurate and you will update the information to maintain its accuracy; (c) Any donation you make is legal in your jurisdiction. Just4Cancer will not be held liable for any loss or damages due to non-compliance; (d) Just4Cancer indemnifies itself of any and all liability from injury, loss, or damage of personal and public property that may result from any donation or volunteer effort. All volunteers, Fundraisers, and Trusted Partners agree to indemnify and hold harmless Just4Cancer, its employees, directors, and any other affiliates.

11.3 You choose what information you provide, including contact and personal information, interests and causes. You control the sharing of information by selecting whether or not you prefer to remain anonymous on your profile. However, volunteer names, contact information, and other volunteer information except any financial information will be provided to Fundraisers. This information may also be publically available via Just4Cancer.com

11.4 Just4Cancer serves as an intermediary between Donors, Volunteers, and Fundraisers. After a Project has been completed by reaching a predetermined funding goal or deadline, Just4Cancer remits donated funds to the Fundraiser. Donations made through Just4Cancer are nonrefundable. After Just4Cancer transfers funds to the Fundraiser, all further dealings are solely between the Donor and such organizations and individuals.

11.5 You acknowledge that you are making a non-conditional donation to Just4Cancer. Just4Cancer will make every attempt to honor your request in its distribution of the funds you have donated. Just4Cancer retains the sole power and ability to direct, redirect, or otherwise distribute funds in a manner deemed appropriate by Just4Cancer, in its sole discretion.

11.6 Just4Cancer makes no representations or warranties regarding the accuracy of any information contained in the profile and Project pages. You use the Site entirely at your own risk. Just4Cancer does not warrant that a Member who receives donations for a Project will use the funds in a manner specified in their Project description or use volunteers in the manner described. If you have any reservations regarding the legitimacy of a particular Fundraiser or fundraising event, DO NOT DONATE.

12. MEMBER CONDUCT

12.1 THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, do not use the Site.

12.2 You understand and agree that Just4Cancer may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of these Terms and Conditions.

12.3 As a condition of your use of the Site, you will not use the Site for any purpose that will violate applicable federal, state, or local law or regulation or is otherwise unlawful or prohibited by these Terms.

12.4 In connection with your use of the Site, you further agree:

12.4.1 Access to the Just4Cancer Materials and the Site from territories where their contents are illegal is strictly prohibited. Members are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy;

12.4.2 Your use of any of the Just4Cancer Materials other than for use approved by Just4Cancer is strictly prohibited;

12.4.3 You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site;

12.4.4 You may not intentionally interfere with or damage the operation of the Site or any Member’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

12.4.5 You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;

12.4.6 You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

12.4.7 You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

12.4.8 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;

12.4.9 You may not utilize framing techniques to enclose any trademark, logo, or other Just4Cancer Materials without our express written consent;

12.4.10 You may not use any meta tags or any other "hidden text" utilizing the name of the Site or associated trademarks or Just4Cancer’s name or trademarks without our express written consent;

12.4.11 You may not post or send junk mail to other Members, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

12.4.12 You may not submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to use the material and to grant Just4Cancer all of the license rights granted herein;

12.4.13 You may not publish falsehoods or misrepresentations that could damage Just4Cancer or any third party;

12.4.14 You may not submit material that is unlawful, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

12.4.15 You may not harvest or otherwise collect information about Members, including email addresses, without their consent; or

12.4.16 You may not impersonate another person or entity.

12.5 You understand and agree that, in our own discretion, We shall post content on your chose social media platform to promote that campaign at any time. However, you shall be responsible to initiate the connection between the campaign and your social media account.

13. YOUR PROPRIETARY MATERIAL

13.1 You own all your trademarked materials provided by you in connection with your use of the Just4Cancer Service. By using the Site, you grant to Just4Cancer a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use, copy, display, transmit, publish, and distribute your trademarked materials for the sole purpose of providing the services described in these Terms and Conditions. You also grant Just4Cancer the right to include your name and logo in press releases as well as other announcements on the Site. Just4Cancer obtains no other right, title, or interest in your trademarked materials except as set forth herein.

14. OUR PROPRIETARY MATERIAL

14.1 Just4Cancer and its licensors shall retain all intellectual property rights in the software, data, design, tools, and any other material or content developed or provided by Just4Cancer pursuant to these Terms and Conditions including but not limited to the Just4Cancer Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials, and any and all other content provided by Just4Cancer.

15. TRADEMARKS

15.1 Just4Cancer, Inc., Just4Cancer, Just4Cancer.com, the Just4Cancer logo, and any other product and service names that we may present on the Site are trademarks or registered trademarks of Just4Cancer, Inc. Other trademarks, service marks, or logos that appear on the Site may be the property of third parties, and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Just4Cancer or third-party trademarks without first receiving the express permission of both Just4Cancer and the Trademark owner.

16. COPYRIGHT

16.1 Just4Cancer, the organizations acknowledged as Trusted Partners with Just4Cancer, and third-party providers collectively own all material and content of this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in these Terms and Conditions. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of Just4Cancer and where applicable, the copyright holder.

17. DISCLAIMER OF WARRANTIES

17.1 Just4Cancer makes no warranties regarding the safety of the Site and the accuracy of the content on the site. Just4Cancer retains the right to restrict the use of the Site for any reason and at any time.

17.2 Except as otherwise expressly provided, all content, information, services, and tools on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. JUST4CANCER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. JUST4CANCER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. To the extent permissible by law, Just4Cancer expressly disclaims any and all other warranties. Just4Cancer shall have no liability for any claim by any federal or state tax authority with respect to any characterization by you or any Member on any applicable federal or state tax return.

18. LIMITATION OF LIABILITY

18.1 UNDER NO CIRCUMSTANCES WILL JUST4CANCER AND ITS AFFILIATES, ITS LICENSORS, OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JUST4CANCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JUST4CANCER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

19. INDEMNIFICATION

19.1 You agree at your expense to indemnify, defend, and hold harmless Just4Cancer and its affiliates from any and all loss, damage, or liability including reasonable attorney’s fees arising from any third-party claim, action, or allegations of infringement based on your use or misuse of the Site. Just4Cancer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Just4Cancer in asserting any available defenses.

20. PARTNER SERVICES

20.1 The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. Just4Cancer provides such links solely as a convenience to you. Just4Cancer does not maintain, review, endorse, or take responsibility for the content, products, services, or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.

21. CONTENT ON WEBSITE

21.1 You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas, or opinions posted by Members of the Site do not necessarily reflect our views and Just4Cancer does not take any responsibility for the accuracy of any information, ideas, or opinions posted by Members. Just4Cancer shall not be liable for any damages or losses resulting from such information, ideas, or opinions.

22. VIOLATIONS AND TERMINATION

22.1 You agree that Just4Cancer, in its sole discretion and for any or no reason, may terminate your use to all or part of the Site and any account (or any part thereof) you may have at the Site, and may remove and discard all or any part of your profile and account or any Project at any time without notice. Any funds a Project has received and that have not been transferred to the Fundraiser will be forfeited. These remedies are in addition to any other remedies Just4Cancer may have at law or in equity.

22.2 You agree that Just4Cancer shall not be liable to you or any third-party for any such termination. Just4Cancer reserves the right to withhold and/or cancel donations to Fundraisers prior to termination.

23. MEMBER COMMUNICATIONS

23.1 You and Just4Cancer intend to facilitate certain transactions pursuant to these Terms of Use by exchanging documents, records, and/or signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Just4Cancer and governed by the applicable provision of the Uniform Electronic Transactions Act as adopted by the State of Nevada.

24. RESOLUTION OF DISPUTES

24.1 These Terms and Conditions shall be governed by the laws of the state of Nevada. You agree that any disputes or claims arising out of or in connection with these Terms and Conditions shall be adjudicated in Nevada. YOU AND JUST4CANCER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

24.2 Any controversy or claim arising out of, or relating to, these Terms and Conditions, or the breach thereof, shall be settled by BINDING ARBITRATION in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Nevada. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

25. NOTICE

25.1 Except as explicitly stated otherwise, legal notices shall be served on the Site’s registered agent, or to the email address you provide to the Site as part of the Member account. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

26. SEVERABILITY

26.1 If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

27. ENTIRE AGREEMENT

27.1 These Terms and Conditions constitutes the complete and entire understanding and agreement between Just4Cancer and you in connection with your use of this Site, hyperlinks to the Site, the content and software displayed on the Site, and supersedes any prior agreements, proposals, or understandings between you and Just4Cancer including prior versions of these Terms and Conditions.

 

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