Terms & Conditions
Welcome to ceefcares.org. This Site and its content are owned by Cupertino Educational Endowment Foundation (CEEF). CEEF is an independent nonprofit organization with a purpose to benefit the Cupertino Union School District (“CUSD”). CEEF is described in Section 501(c)(3) of the Internal Revenue Code (the “Code”) and classified by the IRS as a publicly supported charity under Sections 509(a)(1) and 170(b)(1)(A)(vi) of the Code.
CEEF operates this online giving platform to facilitate fundraising by CEEF and by other 501(c)(3) nonprofit organizations that raise money for CUSD or for activities that enrich the educational experience of CUSD students.
These Terms & Conditions govern your use of this Site. By using this Site in any capacity, you agree to abide by and comply with these Terms and Conditions and our Privacy Policy, which is incorporated by reference into these Terms and Conditions. These Terms and Conditions constitute a written agreement regarding your use of the Site that affect your legal rights and obligations. If you do not agree to any of the terms in these Terms and Conditions or our Privacy Policy, please do not use the Site.
By proceeding on the Site, you hereby agree to the following:
Definitions
“Company”, “We”, “I”, “Our”, or “Us” means CEEF and our website, ceefcares.org.
“NPO” means a non-profit organization affiliated with a CUSD school that has contracted with CEEF to collect donations and/or sell items through the Site. All NPOs on the Site are Section 501(c)(3) organizations.
“Content” means any and all text, images, and graphics appearing on the Site, and any related services, features, functionality and content of the Site, including downloadable material viewed, downloaded, or otherwise offered by ceefcares.org.
“Donation” means a monetary contribution to CEEF or to an NPO through the Site.
“Product” means an item advertised for sale on the site by a participating NPO.
“Site” means ceefcares.org and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
Donations
All Donations made through the Site are tax-deductible as charitable contributions, and no goods or services will be provided by CEEF or by an NPO in consideration for any Donation. CEEF will provide a tax receipt for all Donations made through the Site via an email to the email address you provide at the time of your gift.
All Donations that you make to CEEF through the Site will be used by CEEF to further its mission of supporting CUSD.
All Donations that you make to an NPO through the Site will be transferred (less any applicable credit card fees or bank fees) to the NPO.
All Donations made through the Site are final and nonrefundable.
Product Sales
Some NPOs offer Products for purchase through the Site. When you purchase a Product through the Site, you enter into a contract for sale between you and the NPO. CEEF facilitates the sale by collecting payment on behalf of the NPO, but the NPO is the seller and is solely responsible for fulfillment of your order.
All Product purchases are subject to availability. The NPO may cancel a sale and refund your purchase price if the NPO is unable to fill your order.
It is your responsibility to read the full description of an item prior to purchase. The Site attempts to be as accurate as possible. However, CEEF does not warrant that Product descriptions or other Content is accurate, complete, reliable, current, or error-free.
Product purchases are final unless the sale is canceled by the NPO. Contact the NPO selling the Product if you have an issue with your purchase.
Age Restrictions
You must be at least eighteen (18) years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or services on the Site only under the supervision of your parent or guardian who has agreed to these Terms and Conditions. Those under the age of 13 may not use the Site or services. Parents or legal guardians of a child under the age of 18 may use the Site or services on behalf of such minor child.
Site Ownership
The Site (including modifications) and all right, title, and interest in and to the Content available through the Site are owned or licensed by CEEF. The Site and the compilation of all Content on the Site are protected by U.S. and international copyright, trademark, right of publicity, or other intellectual property rights and laws.
Changes to These Terms and Conditions
We reserve the right to make changes to any information or services on this Site, including these Terms and Conditions and our Privacy Policy, without prior notice to you. The most current Terms and Conditions will be posted here on the Site and will be effective upon posting. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page.
Disclaimer of Warranties
The Site and all Content, Products and other services included on or otherwise made available to you through the Site are provided by CEEF on an "as is" and "as available" basis, unless otherwise specified in writing. CEEF makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the Content, Products, or other services included on or otherwise made available to you through the Site. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by law, CEEF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CEEF does not warrant that the Site, the Products offered on the Site, or other services included on or otherwise made available to you through Site are free of viruses or other harmful components.
Limitation of Liability
Under no circumstances, including negligence, will CEEF be liable for direct, indirect, incidental, special, punitive, exemplary, or consequential damages of any kind arising from the use or inability to use the Site.
By using the Site pursuant to these Terms and Conditions, you agree to release and discharge CEEF, its Board of Directors, officers, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid.
Governing Law
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.
Errors & Omissions
Every effort is made to provide up-to-date accurate information from each of our participating NPOs and the schools they support. However, CEEF does not and cannot warrant, represent, or guarantee that such data is free from errors, accurate, or up-to-date at all times. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Modifications and Interruptions
We reserve the right to change, modify, or remove any Content from the Site at any time at our sole discretion without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Credit Card Payment & Purchases
When you Donate or purchase a Product using the Site, you may pay by credit card. By doing so, you give CEEF permission to charge your credit card for payment. You will receive an electronic receipt following your purchase, which you should retain for your records.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
Electronic Communications and Transactions
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications (e.g., email receipts/tax letter), and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Links to Other Websites
Links on the Site that lead to other web pages maintained by third parties are provided for convenience only. We do not control the accuracy of such websites and are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such third-party sites. You further acknowledge and agree that CEEF shall not have any liability whether direct or indirect or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. Your use of the third-party services is subject to the terms and policies of those specific services. Any concerns regarding any other website, or any link, should be directed to the organization maintaining the webpage.
Claimed Copyright Infringement
If you are a copyright owner or an agent of a copyright owner and believe in good faith that any Content on the Site infringes upon your copyright, you may send a notice of claimed infringement to CEEF’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3).
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CEEF is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- 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 copyright owner.
All notifications of claimed copyright infringement should be forwarded to our Designated Copyright Agent at [email protected]
Once a proper bona fide infringement notification is received by the Designated Agent, it is CEEF’s policy: to remove or disable access to the infringing material; to notify the content provider or user that CEEF has removed or disabled access to the material; and for repeat offenders, to terminate such content provider’s or user’s access to the Site.
Contact Information
If there are any questions regarding our terms and conditions you may contact us by email at [email protected].
Updated August 13, 2021