These consumer terms of service (“Terms”) are between Niche Interactive Media Inc. d/b/a ShoppingGives (“ShoppingGives”, “we”, “our”, and “us”) and you(“you” and “your”) and govern your access to and/or use of ShoppingGives software (“Services”) that supports the giving economy by enabling you to pledge donations through purchases, direct donations, and round-ups on ShoppingGives’ retail partner websites to nonprofit organizations and track those donations on shoppinggives.com, are effective the date you click and agree to these Terms (the “Effective Date”). If you do not agree with these Terms, you shall not use the Services.
BY CHECKING THE BOX TO INDICATE YOUR ACCEPTANCE TO THESE TERMS AND CLICKING ON THE “ACCEPT” BUTTON ON THE SCREEN AND/OR BY USING THE SERVICES AND/OR EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS OR AGREEMENTS THAT ARE OR MAY BE ESTABLISHED BY SHOPPINGGIVES FROM TIME TO TIME AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND PRIVACY NOTICE (AS DEFINED BELOW), YOU SHALL NOT USE THE SERVICES.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SHOPPINGGIVES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
You agree to only use the Services in accordance with these Terms and the Privacy Notice (defined below). To the extent you access and/or use ShoppingGives websites located at www.shoppinggives.com, and any websites ShoppingGives has now or acquires in the future (the “Website”), you agree to the Website Terms and Conditions set forth at https://shoppinggives.com/terms-of-use/ and such terms and conditions shall govern your access and/or use of the Website. In the event you access and/or use the Services as a retailer, you will be required to agree to the Retailer Terms of Service set forth at https://shoppinggives.com/terms-of-use/merchant (as applicable, the “Retailer Terms of Service”) and such access and/or use of the Services shall be governed by such Retailer Terms of Service. Except as otherwise provided herein, if any terms and/or conditions of these Terms conflict with any terms and/or conditions of any other terms of service, the terms and conditions set forth in these Terms will control solely with respect to your access to and/or use of the Services as a consumer.
As a consumer, whether you set up an account (“Account”) or make a purchase from a participating retail partner’s website, you will be required to (i) indicate agreement to these Terms, and (ii) submit any other form of authentication required during the enrollment process, as determined by ShoppingGives in its sole and absolute discretion. You agree to provide true, accurate and current information in connection with your access to and/or use of the Services and your Account. You are responsible for updating and correcting information submitted to create and/or maintain an Account. You are solely responsible for maintaining the security and confidentiality of the password used to access your Account. You acknowledge and agree that ShoppingGives shall have no responsibility for any incident arising out of, and/or related to, your Account settings. ShoppingGives will assume that anyone using the Services and/or transacting through your Account is you. You agree to immediately notify ShoppingGives of any unauthorized use of passwords and/or Account and/or any other breach of security. No disguised identities are allowed to be used in connection with an Account and/or the Services. We may refuse to grant an Account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by ShoppingGives in its sole and absolute discretion. Accounts are non-transferrable and may not be sold, combined and/or otherwise shared with any other person.
You may be asked to provide certain information to access certain portions of the Services or receive certain resources made available by ShoppingGives. From time to time, we may restrict access to all or part of the Services to users that register for an Account or another subset of users as we may determine in our sole discretion. You will comply with all applicable laws, rules and/or regulations when accessing and/or using the Services. You are responsible for making arrangements necessary to use the Services, such as securing internet access. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with these Terms. You agree to notify ShoppingGives immediately of any unauthorized access to or use of the Services or any other breach of security. Please use caution when accessing the Services (and your Account to the extent applicable) from a public or shared computer so that others are not able to view or record your information. ShoppingGives does not guarantee the quantity and/or amount of any Donations and/or any outcome related thereto. ShoppingGives is not a broker, agent, financial institution, creditor or nonprofit corporation.
Donations. If you make a purchase on a retailer’s website after linking from ShoppingGives.com to the retailer’s website, or when visiting a participating retailer’s website directly and engaging the ShoppingGives technology, the retailer may elect to pledge a donation to a nonprofit organization selected by you or the retailer (“Donation”) through the Organization Database or as otherwise indicated as described herein and subject to the terms and conditions set forth herein. Donation amounts are specified by each participating retailer and indicated on the retailer’s website. The Donation value may be modified at any time by the retailer; provided, however, such changes shall not impact any then-current transactions that have not cleared and shall only apply to future transactions. Some participating retailers may permit you to add to the Donation amount when you make your purchase; however, the retailer is under no obligation to provide a tax receipt for any Donation you make under $250. In addition, some participating retailers may exclude a number of products from being eligible for Donations. In general, any portion of your purchase paid for with coupons, store credit, online currency, gift certificates, loyalty points, rewards points and/or purchases made with other companies displayed on a participating retailer’s website may be excluded from the portion of the sale subject to a Donation. Taxes, shipping and handling, or special services such as gift-wrapping are generally excluded from the portion of the sale subject to a Donation. If you are shopping in a private browser or incognito or if Cookies (as defined in the Privacy Notice) have been disabled or ad blocking is activated in any way for a browsing session, we may not be able to authenticate the Donations or track the Donations properly. Donations from purchases will typically post within forty-eight (48) hours following the purchase. Note that if you are shopping on a Canadian retailer’s website and your payment is made in Canadian dollars, your Donation amount will appear in Canadian dollars; however, the Donation amount that appears on the ShoppingGives dashboard may be converted to and be stated in U.S. dollars. ShoppingGives is not responsible for providing any value for any coupons, and ShoppingGives makes no representation and/or warranty to the accuracy of any offers, including, but not limited to, coupons, rebates and/or discounts.
ShoppingGives utilizes a nonprofit organization database (“Organization Database”). The data contained is provided by public sources or by a representative of the nonprofit organization itself and is updated on a monthly basis. If a nonprofit organization is selected that has not registered for an Account or is not listed in the Organization Database, ShoppingGives will attempt to contact the unregistered nonprofit organization with instructions on how to register, using the public contact information the nonprofit organization has filed with the IRS. Please note that if the chosen nonprofit organization remains unregistered at the end of the fourth (4th) calendar quarter following the date of the Donation, then the Donations that have been allocated to such unregistered nonprofit organization may be reallocated to other registered nonprofit organizations, as determined by ShoppingGives in its sole and absolute discretion.
- PRIVACY NOTICE
By accessing and/or using our Services, you agree to ShoppingGives privacy notice located here https://shoppinggives.com/privacy-policy/ (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with the Privacy Notice and these Terms.
The Services are not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use the Services. By accessing and/or using the Services, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Services or provide any information on the Services or to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). ShoppingGives does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at firstname.lastname@example.org.
- COMMUNICATIONS FROM SHOPPINGGIVES
When accessing and/or using the Services, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the Services or by email if you provide your email address to us. You may continue to receive electronic communications from ShoppingGives (which may include without limitation promotional and advertising material and information about ShoppingGives) unless or until you elect to opt-out of receiving such communications and notify ShoppingGives at email@example.com that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- UPDATES TO TERMS
Changes. ShoppingGives may update these Terms in its sole discretion, at any time, in whole or in part. If ShoppingGives makes changes and/or modifications that impact your use of and/or access to the Services, we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications.
Additional Terms. ShoppingGives also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant portion of the Services. Your continued use of the Services constitutes your agreement to such additional rules.
- USE OF THE SERVICES
Right to Use. These Terms permit you to use the Services for your personal, non-commercial use only. The Services contain material which is owned by or licensed to ShoppingGives or to which ShoppingGives otherwise has permission to use. By using the Services and accepting these Terms: (a) ShoppingGives grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Services and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by ShoppingGives; and (b) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the Services without the express written permission of ShoppingGives. Notwithstanding the foregoing subsection (b), your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Right to Deny Access and At Your Risk. ShoppingGives retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your Account may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your Account due to circumstances within ShoppingGives’ control (i.e.: routine maintenance) and outside of ShoppingGives’ control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by ShoppingGives in its sole and absolute discretion and without notice and/or liability and you acknowledge and agree that you are aware of this and any risks related thereto.
Prohibited Use and Conditions. Any access to and/or use of the Services and/or information provided by ShoppingGives other than as specifically authorized herein, without ShoppingGives’ prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and/or using the Services, and you shall not use the Services in any manner that violates applicable law, contract, intellectual property or other third-party rights. You shall not:
- restrict or interfere with another user’s ability to use or enjoy the Services;
- overburden ShoppingGives’ infrastructure in any manner and/or otherwise damage and/or impair the functionality of the Services;
- gather email addresses through harvesting or automated means;
- post or transmit unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users;
- attempt to access any portion of the Services that is not public and/or override any security measures that are in place;
- introduce any virus, ‘Trojan Horse’, worm or other similarly harmful programming routines or automated systems, including, ‘robots’ or ‘botnets’, that flood the system with information at an unreasonable rate;
- impersonate any other person or entity, use a disguised identity and/or use any misleading and/or false information or statements for any purpose, including but not limited to, gaining access to another user’s account;
- provide content that is harmful, offensive, inaccurate, abusive, indecent, harassing, defamatory, obscene or otherwise inappropriate language including without limitation, bigotry, racism, discrimination, hatred or profanity;
- sell, resell, copy, reproduce, redistribute or display publicly the Services or content on the Services other than expressly permitted by ShoppingGives;
- modify content on the Services in any way, such as the removal of any proprietary rights notices or markings; and/or
- create a link to the Services from another Services or document without prior written consent from ShoppingGives.
Furthermore, ShoppingGives grants you the rights set forth herein, subject to the following conditions:
- you hereby represent and warrant to ShoppingGives that (a) all information provided to ShoppingGives by you is true, complete and accurate in all respects, and (b) you are authorized to submit such information to ShoppingGives;
- you shall not decompile, modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
- you may not access all or any part of the Services in order to build a product or service which competes with the Services;
- you shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;
- you shall not access any content on the Services via automated means including without limitation crawling, scraping and/or caching;
- you agree not to intentionally hold ShoppingGives and/or their employees and/or directors up to public scorn, ridicule or defamation;
- you will prevent unauthorized access to and/or use of the Services and notify ShoppingGives promptly of any such unauthorized access and/or use;
- you will not attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes and/or interfere with the Services in relation to any user in any manner;
- you will not attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and/or
- you shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
ShoppingGives shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Services except as otherwise expressly specified in these Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by ShoppingGives in conjunction with the Services, and/or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of ShoppingGives is strictly prohibited. ShoppingGives may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. ShoppingGives has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU INDEMNIFY AND HOLD HARMLESS SHOPPINGGIVES AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHOPPINGGIVES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SHOPPINGGIVES OR LAW ENFORCEMENT AUTHORITIES.
- SHOPPINGGIVES FOUNDATION AND PAYPAL GIVING FUND
ShoppingGives Foundation. ShoppingGives maintains a commercial co-venture agreement by working directly with the ShoppingGives Foundation (“ShoppingGives Foundation”), an independent nonprofit registered in Illinois. ShoppingGives Foundation oversees the disbursement of Donations to eligible nonprofit organizations. ShoppingGives Foundation uses reasonable efforts to grant the Donations to the designated beneficiary. However, to comply with federal tax laws and IRS regulations, ShoppingGives Foundation is required to retain legal control over any charitable contributions it receives, and must retain the exclusive authority and discretion to provide the Donation to other nonprofits as it sees fit. Please note that ShoppingGives Foundation does not make grants to private foundations or supporting organizations. While unlikely, it is possible that a designated nonprofit organization does not satisfy ShoppingGives Foundation’s criteria. If ShoppingGives Foundation determines, in its sole and absolute discretion, that it would be inappropriate or improper to grant the Donation designated for a particular nonprofit organization because, for example, the nonprofit organization is no longer accepting Donations, is no longer recognized as a public nonprofit organization meeting the requirements set forth herein, or is no longer in good standing with state or federal regulators, then the ShoppingGives Foundation may, in its sole and absolute discretion, provide the Donation to another nonprofit organization working in the same cause area (as determined by ShoppingGives Foundation), with or without notice to you. It is the practice of ShoppingGives Foundation to deliver the Donation to any designated nonprofit organization on no less than an annual basis.
Supporting Charities with PayPal Giving Fund. For charities enrolled with PayPal Giving Fund, ShoppingGives and the ShoppingGives Foundation have partnered with PayPal Giving Fund (“PPGF”), a United States 501(c)(3) charity that raises new funds for charities through technology. PPGF (Federal Tax ID 45-0931286) certifies charities that participate in the ShoppingGives and/or ShoppingGives Foundation program on the Services and receives donations from ShoppingGives and/or ShoppingGives Foundation and provides one hundred percent (100%) of those donations to benefiting charities. Donations for charities are processed via ShoppingGives and/or ShoppingGives Foundation and sent to PPGF, which receives the donations and grants the funds to the recommended designated charity in accordance with PPGF policies, which terms and/or policies shall be incorporated herein by reference.
Each donation made to PPGF shall be given to charities in the form of grants to further charitable and educational purposes. When you make a donation to PPGF, you may recommend that PPGF make a corresponding grant to a charity in an amount equal to the amount of your donation. PPGF will grant funds to the chosen charity, in accordance with its Donation Delivery Policy, which is herein incorporated by reference. PPGF retains ultimate discretion and control over the use of donations it receives from SG/SGF. If it is unable to follow the recommendation, PPGF may reassign a donation to a similar charity, in accordance with its Donation Delivery Policy.
PPGF grants funds to charities enrolled with PPGF on a monthly basis on or around the 25th day of each month (within 15-45 days after PPGF’s receipt of the donation).
The Services and their entire contents, features and functionality are owned by ShoppingGives, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, ShoppingGives and/or its licensors are the sole owner of: (i) the Services and information provided by ShoppingGives; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. During the term of these Terms, ShoppingGives may provide user guides, online help, release notes, training materials and/or other documentation to you regarding the use and/or operation of the Services (“Documentation”). Subject to your compliance with the terms and conditions set forth herein, during the term, ShoppingGives hereby grants to you a limited, non-exclusive, worldwide, non-transferable license for you to use the Documentation solely to enable the full use and/or benefit of the Services. Notwithstanding anything herein to the contrary, ShoppingGives may collect aggregated, anonymized data that cannot identify any person and that is derived from or created through the use of the Services and ShoppingGives shall own all right, title and interest related thereto and all data generated in connection with the Services. Subject to the limited rights expressly granted hereunder, ShoppingGives and/or its third party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The ShoppingGives name, the term ‘Change Commerce’, the ShoppingGives logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ShoppingGives or its affiliates or licensors. You must not use such marks without the prior written permission of ShoppingGives. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.
- YOUR CONTENT
During the course of your access to and/or use of the Services, you may enter, post and/or upload content and information (collectively, “Your Content”). You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Your Content. You are solely responsible for ensuring Your Content and any and all communications regarding Your Content sent through or associated with the Services meet any and all applicable laws and regulatory and compliance guidelines. You hereby grant ShoppingGives and our affiliates and service providers (and each of their and our respective licensees, successors, and assigns) a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use reproduce, modify, perform, display, distribute, and otherwise disclose to third parties Your Content for any purpose; provided, however, that to the extent that Your Content contains any personal information, ShoppingGives will handle such personal information in accordance with applicable privacy laws. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You represent and warrant that you own and/or have the necessary rights to use, authorize the use or and grant the rights set forth herein related to Your Content. You acknowledge and agree that we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Please carefully choose Your Content. You agree to indemnify, defend and hold ShoppingGives harmless for any disputes and/or claims concerning Your Content. Notwithstanding anything herein to the contrary, ShoppingGives does not endorse any of Your Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any of Your Content. ShoppingGives may reject, refuse to post and/or delete Your Content, in its sole and absolute discretion, without liability and/or take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for ShoppingGives. Notwithstanding anything herein to the contrary, ShoppingGives is not obligated to take any action not required by law. If you become aware of misuse of the Services by any person, please contact us at firstname.lastname@example.org.
- RELIANCE ON INFORMATION POSTED, USE OF PERSONAL INFORMATION AND VERIFICATION OF INFORMATION
Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. ShoppingGives does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ShoppingGives disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Use of Personal Information. As part of a transaction on the Services, you may obtain personal information from other users of the Services. This personal information shall only be used for the transaction on the Services and/or for ShoppingGives-related communications, unless otherwise pre-approved by ShoppingGives in writing. ShoppingGives has not granted you a license to use any personal information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express prior written consent from ShoppingGives and the applicable user, you are not licensed to add any ShoppingGives users to email or physical mail lists.
Verification of Information. ShoppingGives does not itself verify the qualifications of users of the Services or other third parties, nor does it evaluate or control in any ongoing manner exchanges between users of the Services. Any opinions or statements expressed by a user of the Services are of those of the user alone, and are not to be attributed to ShoppingGives. ShoppingGives cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user of the Services. Please use caution, common sense, and practice safe trading.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to ShoppingGives, such Feedback is non-confidential and will become the sole property of ShoppingGives. ShoppingGives will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge ShoppingGives will give no credit or compensation to you and you have no rights to the same. ShoppingGives has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
- THIRD PARTY CONTENT, LINKED SITES, THIRD PARTY PRODUCTS
Third Party Content. ShoppingGives may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Services (“Third Party Content”). The third party from whom or which any such Third Party Content originates is solely responsible for it and ShoppingGives assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, ShoppingGives does not control or endorse such Third Party Content and has no liability of any kind to you or any third party for any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, not necessarily those of ShoppingGives.
Linked Sites. As stipulated in these Terms, ShoppingGives does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party. ShoppingGives may, from time to time, include hyperlinks (“Link(s)”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. ShoppingGives does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. ShoppingGives has made no attempt to verify any information contained in any such Links. Furthermore, ShoppingGives is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from ShoppingGives. If you click on Links, you do so at your own risk and you acknowledge and agree that ShoppingGives is not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving the Services and to read the terms and conditions and privacy notice of each Link that is visited. ShoppingGives reserves the right to terminate any Link at any time in its sole and absolute discretion. ShoppingGives disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Links.
Third Party Products. There may be third-party products, services, software, and/or social networks (collectively “Third Party Products”) integrated into the Services. Please be aware that ShoppingGives is not affiliated with any Third Party Products or the companies or providers that own or control such Third Party Products. You agree to release ShoppingGives and such third party providers from any liability related to your use of any Third Party Products or any costs or charges related to such Third Party Products. In order to use any Third Party Products, you may be required to agree to that company’s terms and conditions and/or privacy notice. You agree to comply with the foregoing when using the Services. If you decide to use such Third Party Products, ShoppingGives is not a party to any contracts created between you and the provider of such Third Party Product. ShoppingGives is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any Third Party Products.
- TERM AND TERMINATION
The term of these Terms shall commence on the Effective Date and continue thereafter until either party terminates these Terms in accordance with the terms and conditions set forth herein.
ShoppingGives reserves the right, in its sole and absolute discretion, to block you or terminate your access to the Services or any portion thereof at any time, without notice, without liability and for any reason including without limitation if ShoppingGives suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, the Privacy Notice, any other policies provided by ShoppingGives, or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the Services. In the event you share the access granted hereunder with any person or entity, and/or misuse the Services by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, ShoppingGives will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately, without liability. In such event, ShoppingGives retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we terminate your Account or block you from our Services, you may not access and/or use our Services and you shall not subscribe under a new Account unless formally invited by ShoppingGives. If you commit fraud and/or falsify information in connection with your use of the Services, you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services. Upon termination, all usage rights and license rights granted hereunder shall immediately terminate.
If you violate these Terms, we may block you from our Services and you are prohibited from using the Services. Upon termination, the provisions of these Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, and/or omissions. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
- COPYRIGHT COMPLAINTS
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. Should you believe anything on the Services infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at ShoppingGives, Attn: Copyright Agent, 212 W. Van Buren Street, Suite 2N, Chicago, IL, 60607. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the Services; (iv) information reasonably sufficient to permit contact (i.e.: an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services. All other inquiries directed to the Copyright Agent will not be responded to.
You agree to indemnify, defend and hold ShoppingGives and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Services; (ii) Your Content (including without limitation claims related to intellectual property infringement); (iii) any use of the Services in breach of these Terms and/or Privacy Notice; (iv) your violation of any law and/or the rights of a third party; (v) fraud you commit and/or your intentional misconduct and/or negligence; and/or (vi) your use of, or activities in connection with, PPGF.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE SERVICES AND INFORMATION GIVEN BY SHOPPINGGIVES TO YOU ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. SHOPPINGGIVES, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY PROVIDERS, SUPPLIERS, RETAILERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. SHOPPINGGIVES, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE SERVICES AND/OR SHOPPINGGIVES INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE SERVICES AND/OR SHOPPINGGIVES INFORMATION. SHOPPINGGIVES ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT. YOU UNDERSTAND THAT SHOPPINGGIVES CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM SHOPPINGGIVES OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PROVIDED BY LAW, SHOPPINGGIVES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THE SERVICES, OR ON ANY SERVICES LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
YOUR ACCESS TO AND/OR USE OF THE SERVICES IS AT YOUR OWN RISK. SHOPPINGGIVES TOTAL AND CUMULATIVE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF AND/OR IN CONNECTION WITH THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT OF THE DONATION PAID BY YOU. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SHOPPINGGIVES, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE SERVICES, YOUR INABILITY TO ACCESS THE SERVICES AND/OR INFORMATION AND/OR LINKS ON THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF SHOPPINGGIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, SHOPPINGGIVES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE SHOPPINGGIVES, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR SHOPPINGGIVES INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
- DISPUTE RESOLUTION
Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against ShoppingGives, you agree to try to resolve the dispute informally by sending a letter to us describing your claim to: ShoppingGives, Attn: Legal Department, 212 W. Van Buren Street, Suite 2N, Chicago, IL, 60607. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or ShoppingGives agree to resolve any claims related to these Terms through final and binding arbitration. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions'') between you and ShoppingGives or ShoppingGives employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ or for any claims that you or ShoppingGives may take claims to small claims court if the dispute qualifies for hearing by such a court. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting ShoppingGives within thirty (30) days from the date that you first became subject to this arbitration provision. You must write to us at ShoppingGives, Attn: Opt-Out Arbitration, 212 W. Van Buren Street, Suite 2N, Chicago, IL, 60607. If you opt out, neither you nor ShoppingGives can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association, and shall be administered by the Judicial Arbitration and Mediation Service (“JAMS”) under its rules. JAMS’ rules are available at https://www.jamsadr.com or by calling 1.800.352.5267. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Cook County, Illinois or any other location we agree to. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You and ShoppingGives must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
Exceptions to Agreement to Arbitrate. Either you and/or ShoppingGives may assert claims, if they qualify, in small claims court in Cook County, Illinois. ShoppingGives may bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the Services and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Waiver. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, SHOPPINGGIVES AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
- GEOGRAPHIC RESTRICTIONS
ShoppingGives headquarters is located in the State of Illinois in the United States. ShoppingGives provides these Services for use only by persons located in the United States or Canada. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
- CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ShoppingGives must be sent to our agent for notice to email@example.com. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- ADA COMPLIANCE
ShoppingGives strives to follow the ‘Web Content Accessibility Guidelines’ to make the Services accessible to a wider range of people with disabilities. If you are using a screen reader and having issues reviewing these Terms or using the Services, please contact us at firstname.lastname@example.org.
- GOVERNING LAW & VENUE
These Terms shall be governed by, construed and enforced in accordance with the substantive laws of the State of Illinois, without regard to its conflict of laws principles. Subject to Section 20, the parties further agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Chicago, Illinois and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may have other agreements with ShoppingGives. Such agreements are separate and in addition to these Terms, unless otherwise agreed to by the parties in writing. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. If any provision and/or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or ShoppingGives of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
- CONTACT US
If you would like to request additional information regarding these Terms or if you have feedback about our Services, please contact us at email@example.com.
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