I SHOP 2 GIVE® Inc. TERMS AND CONDITIONS OF USE
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE (the “Agreement”) CAREFULLY BEFORE REGISTERING AS A I SHOP 2 GIVE ® MEMBER OR USING THE I SHOP 2 GIVE WEB SITE (the “Site”) FOR ANY PURPOSE.
AGREEING TO THE TERMS OF THIS AGREEMENT
I Shop 2 Give, Incorporated (herein referred to as “I Shop 2 Give”) offers you (“you,” the “End User” or the “Member,” as applicable) use of the Site strictly subject to the terms and conditions contained in this Agreement, which is a contract between you and I Shop 2 Give. By using the Site (other than to read this Agreement for the first time) or other web sites through links from the Site, or by clicking “I Accept,” below, you are accepting and agreeing to be bound by each of the terms and conditions contained in this Agreement. I Shop 2 Give reserves the exclusive right to modify this Agreement at any time, without notice. The amended terms are effective upon being posted on the Site and your use of the Site constitutes your acceptance of the amended terms of the Agreement. Therefore, you should review this Agreement from time to time.
I SHOP 2 GIVE® Inc. TERMS AND CONDITIONS OF USE
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE (the “Agreement”) CAREFULLY BEFORE REGISTERING AS A I SHOP 2 GIVE ® MEMBER OR USING THE I SHOP 2 GIVE WEB SITE (the “Site”) FOR ANY PURPOSE.
In order to access or use the Site, you must meet all of the following eligibility requirements:
1. You must be of sufficient legal age to form contracts and create binding legal obligations for any liability that you may incur as a result of your use of the Site. Minors are expressly discouraged from using the Site.
2. You may maintain one, and only one, account with I Shop 2 Give and may not use any software, machine or other automated service to exploit the benefits offered to End Users by I Shop 2 Give.
3. You must maintain an email address and have access to a reliable internet connection. I Shop 2 Give is not responsible for your inability to access or use the Site.
MEMBERSHIP AND REBATES
Each individual who registers on the Site becomes a I Shop 2 Give member (a “Member” or collectively, “Members”) and will have a membership account maintained by I Shop 2 Give in which cash rebates can accrue (a “Rebate Account”). For most purchases made by a Member from the web site of a merchant affiliated with I Shop 2 Give (an “Affiliate”) accessed via a link on the Site, I Shop 2 Give will receive a commission from the Affiliate (a “Commission”), the amount of which depends on the terms of the agreement between I Shop 2 Give and the Affiliate. Subject to this Agreement, a percentage of the Commission will be credited to the Member’s Rebate Account.
There is one type of Member, and I Shop 2 Give credits the Rebate Account of the Member with an amount that equals a minimum of 90% of the Commission received by I Shop 2 Give for each Eligible Purchase (as defined below) made by the Member.
An “Eligible Purchase” means a purchase made by a Member from an Affiliate if, and only if, all of the following conditions are met with respect to such purchase: (1) the purchaser is registered as a Member and maintains a Rebate Account; (2) the purchase is originated by clicking on an unaltered link from the Site; (3) the Member is logged-in to his or her Rebate Account at the time the purchase is originated on the Site; (4) the purchase is completed during one shopping session, which begins immediately after clicking the link on the Site (i.e., if, before the purchase is complete, the Member closes the Affiliate’s web site, logs off of the Site, logs off of the computer or allows the computer to enter sleep mode or to otherwise shut down, or if the shopping session times out, the purchase is not an “Eligible Purchase”); (5) no coupon is used in connection with the purchase transaction, except a coupon issued by I Shop 2 Give; (6) “cookies” (both first party and third party, if applicable) are enabled on the web browser the Member uses to make the purchase; (7) the purchase is not returned or exchanged by the Member; and (8) I Shop 2 Give receives a Commission for the Member’s purchase.
Generally, the Commission I Shop 2 Give receives for a Member’s purchase from an Affiliate equals a pre-determined percentage of the Net Purchase Price (as defined below) of the product or service purchased. “Net Purchase Price” means the total amount paid by the Member to the Affiliate minus all taxes, shipping and handling fees, fees for gift wrapping, charge backs, any other fees, any credits given to the Member (promotional or otherwise), and money or other value paid or returned to the Member for cancelling a purchase or returning a purchased item. I Shop 2 Give will make reasonable efforts to post on the Site the current Commission it receives from each Affiliate, product or service, expressed as a percentage of the Net Purchase Price. With this information, Members may be able to estimate the amount they will receive for each Eligible Purpose (a “Rebate”). However, I Shop 2 Give makes no warranty, representation or guarantee that the posted Commissions are current or accurate, or that Members will be able to accurately estimate the Rebate they may receive for each Eligible Purchase. I Shop 2 Give is not responsible for the inaccuracy of any information posted on the Site.
From time to time, there may be certain products or services, or even entire Affiliates whose products or services, are not eligible for a Rebate because, for example, the Affiliate’s policies have changed or the Affiliate’s agreement with I Shop 2 Give has expired or been terminated. I Shop 2 Give will make reasonable efforts to insure that the products of all of its Affiliates are eligible for Rebates. However, I Shop 2 Give has the exclusive authority to determine whether a purchase is an Eligible Purchase and to adjust the balance of any Member’s Rebate Account, as necessary to comply with the letter and spirit of this Agreement, as determined by I Shop 2 Give in its sole discretion. For example, if an Affiliate refuses to report a sale to I Shop 2 Give or to pay I Shop 2 Give its Commission for any sale, or if I Shop 2 Give is charged back a Commission for any reason, I Shop 2 Give will withhold payment of the Rebate to the Member who purchased the corresponding product or service and will adjust the Member’s Rebate Account accordingly.
You hereby acknowledge that, if you disagree with a determination or action made by I Shop 2 Give, your exclusive remedy is to terminate your I Shop 2 Give membership. I Shop 2 Give retains the right to terminate your membership and Rebate Account at any time, without cause or notice. Any commissions that has accrued in a Rebate Account at the time that membership or the account is terminated, will be donated according to the default charitable organization that applies to this Agreement, which is provided below, subject to adjustments permitted or required by this Agreement.
You have the responsibility of reviewing your Rebate Account. You have 90 days from the date of any error or miscalculation in your Rebate Account (or, in the case of the failure of I Shop 2 Give to credit your Rebate Account for an Eligible Purchase, 90 days from such date of purchase) to inform I Shop 2 Give of an error. If you do not report an error, miscalculation or failure to I Shop 2 Give within the 90-day period, you shall have no remedy against I Shop 2 Give for recovering any losses caused by the error, miscalculation or failure.
You may be taxed at the federal, state and local levels on the Rebates that is distributed on your behalf from your Rebate Account. Although I Shop 2 Give may provide you with information regarding taxes, you have sole responsibility for any such tax liability and complying with applicable laws (including the filing of returns and other documents, as required by law).
All agreements between you and an Affiliate that arise because of your use of the Affiliate’s web site or your purchase of a product or service are hereby incorporated into this Agreement by this reference. However, if any term of such an agreement conflicts with the terms of this Agreement, this Agreement shall control. I Shop 2 Give is not responsible for any actions or omissions of its Affiliates.
I Shop 2 Give allows each Member to donate the full or partial balance of the Member’s Rebate Account to participating 501c3 non-profit organizations as long as the donated amount at any given time is equal to or greater than $5.00 (U.S.). If a Member’s Rebate Account balance has accrued less than $5.00, the rebate will remain in the Member’s Rebate Account. I Shop 2 Give will make designated donations from all Member’s Rebate Accounts within a 45-day window of time based on the date of the donation designation.
However, be aware that, depending on certain Affiliates’ return and payment policies, I Shop 2 Give may not be able to act on Rebates from such Affiliates. For instance, if an Affiliate allows purchases to be returned within 90 days, I Shop 2 Give will not facilitate donations from the Rebates corresponding to purchases from this Affiliate until 90 days after each purchase, when the return period has expired. I Shop 2 Give reserves the right to change the donation timeframe above and to delay specific Rebate payments at any time, without notice.
I Shop 2 Give makes all Rebate donations to charitable organizations via mailed check or a payment partner, like PayPal. It is crucial that each Member maintain current account information with I Shop 2 Give to be accurately identified to organizations. Each Member has the sole responsibility of maintaining accurate account information and I Shop 2 Give is not responsible for any Rebate donation that is misapplied due to incorrect information. If a Member’s account information is not current at the time I Shop 2 Give attempts to make a donation, the Member forfeits the entire amount of such payment to I Shop 2 Give.
The default charitable organization for 2018 is The Red Cross.
ACCESS TO REBATE ACCOUNTS
When a visitor to the Site register’s as a Member, the visitor’s email address will serve as the Username for his or her Rebate Account, and the Member will choose his or her Rebate Account Password. The Username and Password will allow the Member to access his or her Rebate Account to, among other things, update account information (e.g., contact information, mailing address, email address), check the Rebate Account balance and verify transactions.
The security of a Member’s Username and Password is the exclusive responsibility of the Member. I Shop 2 Give has the right to act on instructions received from a Member’s Rebate Account, regardless of whether the Member is the person who logged-on to the Rebate Account and provided the instructions. I Shop 2 Give is not responsible for the loss of Rebates or any other losses suffered by a Member because of a security breach to the Member’s Rebate Account or the unauthorized acquisition, access, use or disclosure of a Member’s information, regardless of who is at fault for such losses.
AGREEMENT TO USE THE SITE FOR LAWFUL PURPOSES ONLY
You hereby agree not to use the Site for any unlawful purpose whatsoever.
AFFILIATES AND THIRD-PARTY SITES
The Site may produce automated search results or otherwise link you to other sites on the Internet, including the web sites of Affiliates (“Third-Party Sites”). Third-Party Sites may contain information or material that some people may find inappropriate or offensive. Third-Party Sites are not under the control of I Shop 2 Give and you hereby acknowledge that I Shop 2 Give is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the Third-Party Site by I Shop 2 Give or any association with its operators. Furthermore, you acknowledge that I Shop 2 Give has no control over the activities of the operators of Third-Party Sites and cannot force such operators to fulfill their obligations to you. You acknowledge that I Shop 2 Give is in no way responsible for your dissatisfaction with any products or services of third-parties that you order through Third-Party Sites, regardless of whether you arrived at the Third-Party Sites through a link provided on the Site. Therefore, you hereby waive, release and discharge I Shop 2 Give and its board members, officers, directors, agents and employees from any and all liability that may result directly or indirectly, from the actions or omissions of Affiliates or the operators of Third-Party Sites, or from defects in the products or services purchased from Affiliates or Third-Party Sites, and hereby waive all rights and remedies you may otherwise have against I Shop 2 Give arising out of transactions with Third-Party Sites.
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by I Shop 2 Give, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials of content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from I Shop 2 Give is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. I SHOP 2 GIVE, ITS AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLCORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL I SHOP 2 GIVE, ITS AFFILIATES, ITS CONTRACTORS, ITS LICENSORS, ITS SUPPLIERS, ITS AGENTS, ANY INDEPENDENT PROVIDER/TRANSMITTER OF INFORMATION, OR THE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OF THE FOREGOING PARTIES (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (1) THE USE OF, OR INABILITY TO USE, THE SITE; (2) ANY INACCURACY, ERROR, DELAY IN OR OMISSION OF, ANY INFORMATION, OR THE TRANSMISSION OR DELIVERY OF ANY INFORMATION; (3) ANY NEGLIGENT OR RECKLESS ACT OR OMISSION; OR (4) ANY FORCE MAJEURE EVENT (E.G., FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS, POWER FAILURE OR EQUIPMENT OR SOFTWARE MALFUNCTION) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE COVERED PARTIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COVERED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY OF THE COVERED PARTIES BE LIABLE TO A MEMBER OR END USER FOR DAMAGES.
Any controversy or claim arising out of or relating to this Agreement, as well as any extension or modification thereof, shall be settled by arbitration, conducted on a confidential basis, under the then current Commercial Arbitration Rules of the American Arbitration Association (“the Association”) strictly in accordance with the terms of this Agreement and the substantive law of the State of Nebraska. The arbitration shall be held at the regional office of the Association located closest to the principal place of business of I Shop 2 Give and conducted by three arbitrators, at least one of whom shall be chosen from a panel of persons knowledgeable in data processing and business information systems and one of whom shall be an attorney. Judgment upon the award rendered by the arbitrators may be entered and enforced in any court of competent jurisdiction. Neither party shall institute a proceeding hereunder unless at least sixty (60) days prior thereto such party shall have furnished to the other written notice by registered mail of its intent to do so. If notice is issued to I Shop 2 Give, it should be addressed to its “General Counsel”. Neither party shall be precluded hereby from seeking provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, to protect its rights and interests, but such shall not be sought as a means to avoid or stay arbitration.
The entire content (including text and “look and feel” attributes) of the Site is ©2010 I Shop 2 Give, Incorporated. Any use of such content requires the written permission of I Shop 2 Give. All rights reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Buy of Buy’s Designated Agent. For more information contact: email@example.com
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. I Shop 2 Give is not responsible or liable for any damage caused by such hazards.
We welcome your e-mail correspondence. However, Internet and e-mail communications may not be confidential. It is possible that information transmitted to us may be read or obtained by other parties. In an attempt to protect your privacy, our e-mail responses do not include personal account information.
The security of your information is important to us, and I Shop 2 Give will make reasonable efforts to prevent security breaches that cause the unauthorized acquisition, access, use or disclosure of Members’ information. However, I Shop 2 Give makes no warranties or guarantees that such security breaches will not occur and I Shop 2 Give is not responsible for any losses suffered by a Member because of such a security breach, regardless of who is at fault for the breach. Therefore, you hereby waive, release and discharge I Shop 2 Give and its board members, officers, directors, agents and employees from any and all liability that may result directly or indirectly, from such a security breach.
Upon a request by I Shop 2 Give, you agree to defend, indemnify and hold harmless I Shop 2 Give, its Affiliates, its contractors, its licensors, its suppliers, its agents, any independent provider/transmitter of information, and the employees, agents, officers and directors of the foregoing parties, from all liabilities, claims and expenses, including settlement fees and attorney’s fees, that arise from your use or misuse of the Site.
I Shop 2 Give reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with I Shop 2 Give in asserting any available defenses.
All information you provide in accessing and using this Site is subject to Buy of Buy’s Privacy Notice.
I Shop 2 Give makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where the Site’s content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.
By this Agreement, I Shop 2 Give grants to the Member or End User, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software, documentation and other Content of the Site necessary to access, explore and otherwise use the Site in real time and to use the materials on the Site in a manner consistent with this Agreement.
You and I Shop 2 Give desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with this Agreement and procedures established by I Shop 2 Give, and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.
The provisions of certain sections of this Agreement, including, without limitation, the sections “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “Notices Regarding Software, Documents and Services Available on the Site” are for the benefit of I Shop 2 Give, its Affiliates, its contractors, its licensors, its suppliers, its agents, any independent provider/transmitter of information, and the employees, agents, officers and directors of the foregoing parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, excluding its conflicts of law rules. Subject to the “Dispute Resolution” section, above, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be filed only in the state or federal courts located in the State of Nebraska, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and I Shop 2 Give with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and I Shop 2 Give with respect to the Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties to this Agreement, and the remaining portions shall remain in full force and effect.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SITE
Any software that is made available to download from the Site (the “Software”) is the copyrighted work of I Shop 2 Give and/or its suppliers or licensors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”). An End User will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the terms of such.
The Software is made available for downloading solely for use by End Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, I SHOP 2 GIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE.
IN NO EVENT SHALL I SHOP 2 GIVE AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, DOCUMENTS OR OTHER INFORMATION.
TERMINATION & SURVIVAL
I Shop 2 Give reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without cause and without notice. The Member also reserves the right to terminate his or her membership in I Shop 2 Give at any time, without cause and without notice. All terms and conditions of this Agreement shall survive the termination of the Member’s membership in I SHOP 2 GIVE® Inc.