This document was last updated on February 27, 2007.
1. Description of Service
Company provides a pay-for-performance marketing network operated over the World Wide Web (the "Service"). Each User must (1) provide all equipment necessary for his/her own Internet connection, (2) obtain access to the Internet, and (3) pay all fees and costs related to the foregoing. The Service was created to establish an easy, cost effective way for everyday consumers to generate new revenue streams for designated charities. By shopping for goods and services from the nationally known and trusted retailers represented on the Site, existing and new supporters have an opportunity to impact their favorite cause(s) by directing a percentage of every retail dollar they spend toward their chosen nonprofit organization. In order for your favorite nonprofit organization to benefit from your online shopping choice, you must begin on this Site and choose an organization prior to making any purchases. All of the retailers and/or service providers listed on our Site pay a sales percentage or set fees to our Company in exchange for your final purchase decisions. We, in turn, pay a set percentage or fee to the nonprofit entity that you selected. These percentages or fees vary from retailer to retailer and are fully disclosed and listed accordingly on the Mall Pages along with a direct link to the retailer or service provider's site. After you have chosen your favorite nonprofit organization and have proceeded to your favorite retailer, your transaction with that retailer or service provider will be processed in precisely the same manner as if you had begun shopping directly on their site rather than ours with respect to product line, sales, prices, promotions, discounts, shipping, return policy and check out. We have taken numerous precautions to safeguard that your final purchases are attributed to the organization you selected. However, if an error occurs and a merchant cannot confirm that a sale originated through the Site, your favorite nonprofit organization may not benefit from the commitment you made to direct your shopping dollars. This Service is easy to use, it is safe and it does not require you to make an out of pocket donation. All we ask is that you follow the simple directions and begin to impact your favorite nonprofit organization one transaction at a time.
2. Disclaimer of Warranties
COMPANY PROVIDES THE SITE AND THE SERVICE ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF OR THE RESULTS FROM THE SITE, IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITY OF ANY INFORMATION CONTAINED THEREIN, OR OTHERWISE. COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SITE OR THE SERVICE. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE, THE SERVICE AND ANY RELATED INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE PROVISIONS SHALL BE LIMITED TO THE MINIMUM DEGREE NECESSARY TO BE LEGAL IN SUCH JURIDICTIONS.
3. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S LIABILITY TO ANY USER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00). COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR ANY RELATED INFORMATION, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATIONS SHALL BE LIMITED TO THE MINIMUM DEGREE NECESSARY TO BE LEGAL IN SUCH JURISDICTIONS.
User agrees to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, members, managers, officers, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising from User's (or any other person accessing the Site through User's computer or with User's username and password) use of the Service, violation of this Agreement, infringement of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service with or without notice and without liability to User or any third party. User acknowledges and accepts that Company does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interrupted, interfered with or adversely affected by numerous factors or circumstances outside of our reasonable control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Any product specifications and other information on the Site pertain to third party products and have either been provided by such third parties or collected from publicly available sources. While Company makes every effort to ensure that the information on this Site is accurate, we make no representations or warranties as to the accuracy or reliability of any such information.
8. State of California -- Governing Jurisdiction of Courts
The Site is operated and provided in the State of California. As such, we are subject to the State laws of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or the Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of California.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on the Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted material of the Company, with all rights reserved, or is the property of Nonprofitshoppingmall LLC and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized member of Company is strictly prohibited. Users agrees that he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized member of Company.
NONPROFITSHOPPINGMALL™ is a proprietary mark (the "Mark") of Nonprofitshoppingmall, LLC. Neither the trademark nor any confusingly similar mark may be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
All other trademarks displayed on the Site are the trademarks of their respective owners, and do not constitute any affiliation with, an endorsement or a recommendation of, such companies or their goods or services.
11. Notification of Claimed Copyright Infringement
Company is committed to protecting copyrights and it expects Users to do the same. Each User submitting or otherwise utilizing copyrighted material is required to own the right, or to obtain the permission, to use such material. At Company's discretion, Company may terminate the accounts of Users, or prevent access to the Service by User, who infringe the copyright or other intellectual property rights of others. If you believe that your copyright or other intellectual property has been copied, infringed upon, or otherwise misused in any way, please send an e-mail to email@example.com or send your comments and provide all relevant details to:
1211 W. La Palma Ave., Ste. 605
Anaheim, CA 92801
Company will use commercially reasonable efforts to promptly respond and resolve any problem or question.
12. Other Terms