1. Definition of terms:

  • “Project” A public health initiative summarized in a proposal (a “Proposal”) from a Project Owner to CaringCrowd® requesting CaringCrowd to publicize an opportunity to donate funds to a Non-profit Organization in accordance with these Terms of Use.
  • “Project Owner” The person responsible to the Non-profit Organization for the Project described in a proposal to CaringCrowd.
  • “Organization Member” A person designated by a Project Owner who has access to content on the Site related to Project Owner’s Project.
  • “Non-profit Organization” (501c3) An United States registered entity organized for charitable purposes and not for the purpose of generating a profit and recognized by the United States Internal Revenue Service as an organization granted tax exempt status.
  • “Donor” An individual contributor of personal funds who has established a Stripe account and is therefore subject to certain rules and restrictions set by Stripe.
  • “Company” The Company refers to Janssen Global Services, LLC.
  • “Site” The CaringCrowd platform and website.

2. Summary of service: CaringCrowd is an online crowdfunding venue to connect Donors with public health projects. CaringCrowd makes no representations about the quality, safety, morality or legality of any Project, Non-profit Organization or the truth or accuracy of content posted by a Project Owner on the Site. Users use the Site at their own risk.

3. All Users:

  1. Acceptance of terms: The Site is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available at www.caringcrowd.org/privacy-policy, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Site. The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. The Company reserves the right to change, suspend, or discontinue the Site (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. The Site is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in those jurisdictions. This site is intended for residents of the United States.

  2. Registration: Registration on the Site is free but necessary to submit a Project or donate.

  3. Fees and Payments: Setting up an account on the Site is free. We do not charge fees to Donors or to Project Owners. You are responsible for paying all taxes if any associated with your use of the Site. Donations are made via Stripe. We are not responsible for the performance of Stripe or any 3rd party credit card processing services. You should read and understand any terms and conditions necessary for using the Stripe service.

  4. Use of Stripe: All donations are provided through Stripe. CaringCrowd does not receive any funds through the Site or otherwise.

  5. Disputes: CaringCrowd is not responsible for your interactions with Project Owners and Non-profit organizations, any other User and any disputes or damages that may result from such interactions. CaringCrowd has no obligation to monitor disputes between you and such persons.

4. Donors: As a Donor, you are solely responsible for asking questions and investigating Project to the extent you feel is necessary before you make a donation. All donations are made voluntarily and at your sole discretion and risk. CaringCrowd doesn't guarantee that donations will be used as promised or that the Project will achieve its goals. CaringCrowd does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project or the truth or accuracy of content posted on the Site in support of a Project. You are solely responsible for determining how to treat your donation for tax purposes.

5. Project Owners:

  1. As a Project Owner, you shall meet all commitments you make in your Proposal. You will respond promptly and truthfully to all questions posed to you by CaringCrowd. You will comply with all applicable laws and regulations in your use of donations. You are responsible for collecting and accounting for all donations received as a result of your use of the CaringCrowd Site. CaringCrowd may attempt to verify your identity and other information you provided to us, and we may remove content with respect to your Project on the Site in the event we are unable to verify any information to our satisfaction.

  2. Rules and conduct: As a condition of your use as a Project Owner or Organization Member, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Site. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

    • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

    • you know is false, misleading, or inaccurate;

    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;

    • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;

    • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or

    • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

Project Owners agree to not disclose the names of donors unless required by law.

6. Third Party Sites: The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

7. Content and License: You agree that the Site contains content provided by the Company and its partners and Users and that the content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. The Company grants to each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third-party right.

8. Intellectual Property: By submitting content on the Site, you agree to the following terms: The Company will not have any ownership rights over your user submissions. However, the Company needs the following license to perform and market the Site on your behalf and on behalf of its other users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Site, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Site; (iii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the user submissions and Trademarks in connection with the Site; and (iv) use and publish, and permit others to use and publish, the user submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Site. The foregoing license grant to the Company does not affect your other ownership or license rights in your user submissions, including the right to grant additional licenses to your user submissions. You are publishing your user submission, and you may be identified publicly by your name or User ID in association with your user submission. You grant to each user a non-exclusive license to access your user submissions through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions solely for personal, non-commercial use. You further agree that your user submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CaringCrowd all of the license rights granted herein. You will secure permission from any person represented in any photo or video submitted. You will pay all royalties and other amounts owed to any person or entity based on your submitting user submissions to the Site or the Company’s publishing or hosting of the user submissions as contemplated by these Terms of Use. The use or other exploitation of user submissions by the Company and users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your user submissions. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any content. The Company cannot guarantee the identity of any other users with whom you may interact while using the Site. All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party. In accordance with the Digital Millennium Copyright Act (DMCA), CaringCrowd has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. CaringCrowd also may terminate user accounts even based on a single infringement.

9. Copyright notifications: CaringCrowd asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, CaringCrowd has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the CaringCrowd Team's Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Site, sufficient for CaringCrowd to locate the material;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

The CaringCrowd Team's Copyright Agent of claims of copyright infringement on its site is Derek Fetzer who can be reached as follows: via email at [email protected]. Your email must contain the following subject line: CaringCrowd.org Copyright Infringement Claim.

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

  • CaringCrowd shall remove or disable access to the material that is alleged to be infringing;

  • CaringCrowd shall take reasonable steps to promptly notify the User that it has removed or disabled access to the material.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify the CaringCrowd Team’s Copyright Agent in writing by email. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

  • a physical or electronic signature of the user of the Site;

  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

  • the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

10. Warranty disclaimer: The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. CaringCrowd reserves the right not to comment on the reasons for any of these actions. The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

11. Indemnification: You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

12. Limitation of Liability: In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

13. Electronic Delivery, Notice Policy, and Your Consent: By using the Services, you consent to receive from CaringCrowd all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. CaringCrowd may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

14. Severability: These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15. Governing Law: These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New Jersey and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over CaringCrowd or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New Jersey. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

16. Changes to Terms: CaringCrowd may alter these Terms at any time, so please review the policies frequently. If a material change is made, CaringCrowd may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at the CaringCrowd Team's sole discretion, in good faith, and using common sense and reasonable judgment.