Welcome to the CollaborateUSA (CUSA) website. CUSA empowers individuals (our Members) to express their VOICE and to VOTE their beliefs. Members create a "VOICE", and ask others to VOTE "I See" or "I Don't See" your vision. Members are then given tools to REFER supporters and once qualified as a STREAM to FUND their project or organization. Within the Website Members (also called users) can SHARE messages, video, photos, and other media related to their VOICE as well as their own personal stories. Members can also share their opinions and accomplishments and seek out other like-minded Members. The website and its supporting social media websites (collectively, "Website") are provided by CollaborateUSA, LLC ("CUSA" or "we").
1. Registration (JOIN)We invite you to JOIN at the Website. If you do not register, you may not be able to use all of the features of the Website. If you JOIN, you agree to provide true, accurate and complete information about yourself. You also agree to update registration information, your personal profile, to maintain its truth, accuracy and completeness. If you fail to do so, we may suspend or cancel your Membership without liability from you.
2. Acceptable UseCUSA hereby grants you the right to access and use the Website only for the purposes of sharing information for non-commercial uses in accordance with the Terms. You may express your VOICE and VOTE. If you qualify as a STREAM (a group) you may also apply to solicit donations for-profit and non-profit initiatives. We reserve the right to allow or not allow your seeking to FUND your initiative through the Website. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any Materials and the rest of the Website is your sole responsibility and you indemnify and hold harmless CUSA, Collaborate Cooperative Association (CoOp), our directors, officers, vendors, employees, and other Members.
User, users, nonprofits, PACs, donors, charities, and other organization form may upload, post, and/or distribute to their profile, campaigns, forums, communities, other portions of the Website, or to others via the Website information, text, data, photos, audio, video, images, graphics, links, logos, votes, and other content or materials ("Materials") which are by a reasonable man standard which we exclusively determine in accordance with the Terms.
All content of the Website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Materials, associated technology and software, and the look and feel of the Website (collectively "Content"), are the proprietary property of CUSA or its licensors and is owned by CUSA or its licensors. Any rights to Content not expressly granted to you herein are reserved by CUSA. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Website and/or Content in any form or by any means, in whole or in part, without express written permission from CUSA, and any such use is strictly prohibited, except in regards to you own Materials posted on the Website in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from CUSA, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Website or (b) alter or modify any Content on the Website.
The Website may allow you to upload, post, and/or distribute Materials, use the Website, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:
You understand that by using the Website you may be exposed to Materials that are offensive, objectionable or indecent which we cannot control or may be allowed under the US Constitution, its First Amendment, or Federal and State Law. CUSA may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable from the Website. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials. Buy your use of this Website, you agree to indemnify, hold harmless CUSA, Collaborate Cooperative Association (CoOp), our directors, officers, vendors, employees, and other Members.
You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.Unless expressly allowed in the Terms or you receive prior written consent from CUSA, you shall not upload to, distribute through, or otherwise publish through the Website any Materials that are commercial in nature or Materials that contain any solicitation of funds (except by or on behalf of nonprofits or other charities as described herein), promotion, advertising or solicitation for goods or services without CUSA's express written consent.
By posting, uploading or otherwise distributing your Materials on the Website, you explicitly consent that other users of the Website may access, display, view, store, and/or download such Materials, and post or forward such Materials to others who may or may not be registered Users of the Website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to CUSA a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the Materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such Materials and incorporate such Materials into other works in any form, media or technology. By providing Materials to the Website, you hereby permit CUSA to identify you as the provider of such Materials in any form, media and technology. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Website. If you provide your email address at the Website, we may use your email address to contact you and notify you of any Website news as you have Opt-IN as per the Can SPAM Act or any future federal or state law. You can choose which types of email you receive from us by changing your account settings at the Website. Generally, you cannot Opt-OUT of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
You agree that CUSA has no liability or responsibility for the storage or deletion or other use of any Materials that you submit or post or emails you send through the Website.
CUSA reserves the right to change its general practices and limits at any time in its sole discretion, with or without written notice.
You also agree not to (or attempt to):
- "stalk" or otherwise harass anyone;
- upload, distribute, or otherwise publish any Materials to or through the Website that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
- post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
- post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website, unless expressly permitted by CUSA;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post or distribute any Materials which, in CUSA's sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
- attempt to gain unauthorized access to CUSA's computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Website;
- create multiple user accounts by automated means or under false or fraudulent pretenses;
- remove or obscure any copyright or other proprietary notices from the Content;
- republish Content on any Internet, Intranet or Extranet website or incorporate the Content in any other database or compilation (except for your Materials);
- sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
- access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Website;
- post a main campaign photo that includes corporate branding (including name, logo, and other visual representations of the company); and
- include a corporate name in a campaign title.
3. No Representations, Warranties or EndorsementsThe content and materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the Website does not constitute or indicate CUSA's endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. Through the Website (including materials, content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and CUSA is not involved in any transactions or dealings you have with any third parties.
4. Intellectual PropertyThe intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Website itself are owned or licensed by CUSA. Except as expressly provided herein, neither CUSA nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Website.
CUSA reserves the right to block, disable, or otherwise remove any Materials from Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that any Content or Materials on the Website infringe your copyrights, contact CUSA's copyright agent, who can be reached by mail at: Copyright Department, CollaborateUSA, LLC, 139 St Charles Drive, Helena, AL 35080 United States; by telephone at (205 578 7208); or email at copyright@CollaborateUSA.com.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the signing 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe.
5. IndemnityYou agree to indemnify, defend, and hold CUSA and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Website; interaction with campaigns, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.
6. Disclaimer of WarrantiesExcept if expressly provided otherwise in these terms, the Website (including without limitation, all content, materials (and material linked thereto), advertisements, links, social media, and emails) is provided to you "AS IS" and "as available" without warranty of any kind. CUSA does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. CUSA hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement; and other warranties including but not limited to: uninterrupted use; availability of the Website; lack of viruses, worms, Trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. In short User/Buyer BEWARE and use your own judgment. CUSA is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other licensed or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional. CUSA is not involved with the processing, exchange, donations of money as may be arranged by third parties on the Website; therefore, CUSA is not responsible for any transactions associated with donations solicited, promised, or otherwise on the Website, nor can we be responsible for your obtaining a tax deductable receipt.
7. Assumption of RisksYour interactions with Members, Users or other third parties (including advertisers, campaigns, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CUSA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Website, or between a User and any third party, you understand and agree that CUSA is under no obligation to become involved and is not subject to any liability.
8. Liability LimitationTo the maximum extent allowed by law, you agree that neither CUSA, nor any of its Affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the Website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if CUSA has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the Website must be brought within one year of the date on which liability arose and you agree to settle for liquidated damages not to exceed $240 paid for the Share Membership. Neither CUSA nor its Affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.
9. LinksCUSA and Website Members or users may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of CUSA and CUSA is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. It is your responsibility to have anti-virus and malware software to protect your computer. CUSA provides links as a convenience and the inclusion of the link does not indicate or imply that CUSA endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that CUSA shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
10. Donations to Charities or Other NonprofitsBy using the CUSA website to facilitate a contribution to an organization, you understand that your contribution is being made directly to such organization and that CUSA will not have access to or control of your funds. Deduction of charitable and other nonprofit contributions is governed by Internal Revenue Service rules. You and the organization to which you are contributing are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. CUSA makes no representations as to your legal rights or obligations and you should not rely on CUSA for legal advice. We recommend you consult with legal counsel or your accountant if you have any questions regarding your contributions.
CUSA has NOT performed any independent analysis to confirm the Section 501(c)(3) or 501(c)(4) or other legal status, or of the truthfulness of any other representations or statements, of any party seeking funds listed on the CUSA website. In the event that your contribution is not used by a recipient as represented, or otherwise pursuant to your understanding or expectations, you understand that remedies may not be pursued or obtained from CUSA. We do not support Private Inurement, but cannot control the actions of a third party. Non-profits receiving funds may be subject to Unrelated Business Income Tax (UBIT) CUSA has no liability to any third-party receiver it is your obligation to determine the appropriateness of funds received. Use of your lists may qualify as a royalty and be exempt from UBIT, but it is your responsibility to determine compliance with the Tax Code.
CUSA has contracted with Stripe.com to process your credit card transactions and you agree that the transaction is subject to the terms of service found at Stripe.com/terms. Stripe.com may deduct a transaction fee from your transactions for costs associated with the transaction. By your use of this Website, you authorize the collection of fees on transactions by us and our third-parties. If you are a Share Member, and you earn Patronage Points, you may receive either monthly or annually a Patronage Refund (Dividend) which in part may include return of a portion of fees collected or profits earned on products and services sold via this Website. Basic Members are not entitled to receive Patronage Refunds but may accrue Patronage Points for other recognition and awards which may have no cash value. Patronage Refunds may be paid as credits, Cryptocurrency, points, or cash. If in cash, you agree to pay a 15% service charge of monies paid to research and provide you a check. You agree to provide us with a W-9 electronically on the Website, failure to do so will forfeit your Patronage Refund that month or period.