Before becoming a subscriber (a “Subscriber”) to Shop to Fundraise, LLC, a Nevada limited liability company (the “PROVIDER”), you must read and agree without modification of the terms and conditions contained herein (the “Terms and Conditions”), which govern your use of this Internet Website and your relationship with the PROVIDER, and all affiliated entities associated with this Internet Website and Shoptofundraise.org (collectively referred to as “Shop to Fundraise” or “We”).
MODIFICATION OF THE TERMS AND CONDITIONS
We reserve the right to modify, alter, amend or remove any of the Terms and Conditions at any time, in our sole and absolute discretion, without notice to you, by posting such changes to this Website. It is Subscriber’s responsibility to regularly review the Terms and Conditions, and continued use of Shop to Fundraise subsequent to any modifications to these Terms and Conditions is an acknowledgement that you agree to be bound by any such modification.
TERMS AND CONDITIONS
The Subscriber understands and agrees to choose the Ad Package, as defined below, that best approximates their intended average monthly spending through their chosen fundraising organization’s virtual shopping mall. Subscriber agrees to purchase at least the minimum amount set forth for the chosen Ad Package through the organization’s shopping mall. Provider will audit each Subscriber’s Ad Package account semi-annually to ensure the average monthly spending over the previous 6 months equates to the minimum required amount for the chosen Ad Package. Subscriber understands that advertising as a Subscriber on Shoptofundraise.org may be suspended or adjusted accordingly if the minimum required purchases of the chosen Ad Package are not met.
“AD PACKAGE” as used herein means the level of commitment Subscriber agrees to purchase from the virtual shopping mall. The level of commitment shall be one of the following packages:
Platinum Package – Agree to spend over $1,000.00 each month at URL of NPO on items that your Company is already purchasing at the same stores. Your Business receives Platinum level advertising on www.ShoptoFundraise.org as a supporter. Shop to Fundraise will FLASH your logo on its Home Page, up to 1000 words about your Business, URL link to your business website and your Business Contact Information.
Gold Package – Agree to spend $500.00 to $1,000.00 each month at URL of NPO on items that your Company is already purchasing at the same stores. Your Business receives Gold level advertising on www.ShoptoFundraise.org as a supporter. Shop to Fundraise advertises your logo, up to 500 words about your Business, URL link to your business website and your Business Contact Information.
Silver Package –Agree to spend $200.00 to $500.00 each month at URL of NPO on items that your Company is already purchasing at the same stores. Your Business receives Silver level advertising on www.ShoptoFundraise.org as a supporter. Shop to Fundraise advertises your logo, up to 200 words about your Business, URL link to your business website and your Business Contact Information.
DISCLAIMER OF WARRANTIES: THE SERVICES PROVIDED BY PROVIDER UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS BASIS, AND SUBSCRIBER’S USE OF THE SERVICES IS AT ITS OWN RISK. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY STATED OR IMPLIED HEREIN, IN NO EVENT AND UNDER NO THEORY OF LIABILITY PROVIDER AND ITS AFFILIATED ENTITIES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF PROVIDER BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF TECHNOLOGY, LOSS OF DATA, LOSS OF USE OF SERVICE OR EQUIPMENT, LOSS DUE TO COMPUTER VIRUS, OR LOSS OF ANTICIPATED PROFITS OR LOST BUSINESS.
INDEMNIFACTION
Subscriber agrees to indemnify, defend, and hold harmless Provider, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Shop to Fundraise contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of shoptofundraise.org are copyrighted as a collective work under the United States copyright laws. Provider owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Provider and/or the copyright owner. Subscriber acknowledges that it does not acquire any ownership rights or license in the copyrighted material by virtue of these Terms and Conditions.
TERMINATION
Shop to Fundraise upon notification by telephone or e-mail may terminate at any time, with or without cause, Subscriber’s subscription to Shop to Fundraise, LLC. The Subscriber may terminate at any time, with or without cause, by sending an email to info@shoptofundraise.org.
MISCELLANEOUS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
The Terms and Conditions and the relationship between Subscriber and Provider shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Both parties hereby acknowledge and agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Nevada, in the County of Clark. In the event of a dispute, both parties hereby agree to be bound by binding arbitration (with pre- mediation) in the State of Nevada, County of Clark, before an arbitrator and/or mediator selected by the PROVIDER from the then current Nevada Supreme Court list of approved settlement judges.
This Agreement and any operating rules for Shoptofundraise.com established by Provider constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
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