Terms of Service Agreement 

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To make certain that you, as a Your Fundraiser Site Partner, fully understand what our responsibilities are to each other, we have created this document. By becoming a Partner with Your Fundraiser Site, you agree that you have read, understood, and agreed with the following Terms of Service, and consent to be bound by all said Terms of Service, including any updates thereto. 

Please read this document in its entirety.  For your convenience, we have highlighted some of the key points at the bottom of this Agreement.

Should you have any questions or would like further clarification on the information below please do not hesitate to contact us at customercare@yourfundraisersite.com  . Thank you.

Effective Date:  This Terms of Service Agreement was last updated on 11/3/08.

This Terms of Service Agreement sets forth the standards of use of the Your Fundraiser Site Online Service. By using the Your Fundraiser Site/www.yourfundraisersite.com website you (the “Partner”) agree to these terms and conditions. From this point forward the term “Partner” will be used in reference to the organization as a whole applying for Partnership with Your Fundraiser Site. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at Your Fundraiser Site/www.yourfundraisersite.com website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Your Fundraiser Site is providing Partner with an online fundraising service. Partner must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Partner’s access to the Internet, and (3) pay any fees related with such connection. 

Disclaimer of Warranties

The site is provided by Your Fundraiser Site on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Your Fundraiser Site makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Your Fundraiser Site shall have no liability for any interruptions in the use of this Website.  Your Fundraiser Site disclaims all warranties with regard to the 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-referenced exclusion is inapplicable.

Limitation of Liability

Your Fundraiser Site SHALL NOT be liable for any damages whatsoever, and in particular Your Fundraiser Site 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 this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Your Fundraiser Site 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 SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Partner agrees to indemnify and hold Your Fundraiser Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Partner’s use of the Service, the violation of this Agreement, or infringement by Partner, or other user of the Service using Partner’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Your Fundraiser Site reserves the right to modify or discontinue the Service with or without notice to the Partner. Your Fundraiser Site shall not be liable to Partner or any third party should Your Fundraiser Site exercise its right to modify or discontinue the Service. Partner acknowledges and accepts that Your Fundraiser Site does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the Terms of Service, Terms of Use and Privacy Policies of each site, and we are not responsible therein. We encourage all Partners to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Your Fundraiser Site makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Your Fundraiser Site makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts Pennsylvania

Our website is operated and provided in the State of Pennsylvania.  As such, we are subject to the laws of the State Pennsylvania, and such laws will govern this Terms of Service, without giving effect to any choice of law rules.  We make no representation that our website or other services are 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 the State Pennsylvania. 

Compliance with Laws

Partner assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Partner may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Partner 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.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is yourfundraisersite.com, with all rights reserved, or is the property of Your Fundraiser Site and/or third parties protected by intellectual property rights. Any use of materials on the website, 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 officer of Your Fundraiser Site is strictly prohibited. Partners agree that they 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 officer of Your Fundraiser Site.

Your Fundraiser Site and yourfundraisersite.com are proprietary marks of Your Fundraiser Site.  Your Fundraiser Site’s trademarks may not be used in connection with any product or service that is not provided by Your Fundraiser Site, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Your Fundraiser Site.

All other trademarks displayed on Your Fundraiser Site’s website are the trademarks of their respective owners; trademarks or logo’s displayed on any site associated with Your Fundraiser Site may not be used or altered in any circumstances unless permission is granted in writing directly by the respective owner.  Trademarks’ displayed constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Your Fundraiser Site. Your Fundraiser Site is not a partner or involved in any joint venture with any participating merchants. Your Fundraiser Site acts solely as an Independent Contractor.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, yourfundraisersite.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Your Fundraiser Site

1200 East Main Street

Palmyra, PA 17078

By Email: customercare@yourfundraisersite.com

Botnets

Your Fundraiser Site retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Your Fundraiser Site reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

No Spam

You agree that any use of email to supporters of the Partner’s Community supporter’s  must comply in all respects with these Terms of Service and any and all applicable laws, including the requirements of the Can Spam Act of 2003 and the rules promulgated there under.

Consent to receive email

As a partner with Your Fundraiser Site, it is important that we be able to communicate with you. You hereby consent to the receipt of all communications from us to the physical address given during application or electronically through the email address that you provide to us.

Force Majeure

Our performance under this Agreement shall be excused to the extent that such performance is hindered, delayed or made commercially impractical by causes beyond our reasonable control.

United States Only

Unless otherwise specified, the materials in this website are presented solely for the purpose of promoting products or services available in the United States. We make no representation that materials in the site are available or for use in other locations.

You are responsible for compliance with any local laws when accessing this site from outside the United States.

Application

To participate as a Partner with Your Fundraiser Site, you must provide truthful, accurate and complete information for the organization that you represent. If any such information changes, you must immediately update your account information. You represent that you are an individual who is at least 18 years old and that you are a U.S. citizen or reside in the United States or its territories. Your Fundraiser Site reserves the right to deny partnership to any organization for any reason.

Cross Promotion

Cross Promotion in this document is defined as multiple Partner organizations in the same area that may have members that support two or more Partner organizations.  An example would be a school and a church where multiple members from the school would attend the same church.  To be fair to all Partners,  each application will be studied on a case by case basis to determine if cross promotion would exist.  After review,  if Your Fundraiser Site determines that cross promotion applies, they reserve the right to deny partnership to the organization applying.  

Partnership Fees 

Your Fundraiser Site does not charge any fee to partner with Your Fundraiser Site. Your Fundraiser Site may receive compensation as a result of partner’s activities while in partnership with Your Fundraiser Site. Your Fundraiser Site reserves the right to change these fees or institute new or additional fees at any time.

Suitability of Organization

 (a) Your organization will not be considered as suitable and you may not participate in the Partnership Program if your organization violates any of the following suitability restrictions. Further, you represent, warrant, covenant and agree that your participating organization will, at anytime during the period that you are a Partner with Your Fundraiser Site, violate any of the following organization suitability restrictions. In the event that we believe that you have violated any of the following organization suitability restrictions we may, in addition to all other rights and remedies that we may have, terminate this Agreement and your participation in this Partnership Program without notice. Your organization may not:

(i)   violate any law, rule or regulation,

(ii)  promote content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials,

(iii)  promote violence or any illegal or immoral activity,

(iv) promote discrimination based upon gender, race, religion, nationality, disability, sexual orientation or age,

 Voluntary Participation

Your participation is purely voluntary and either your organization or Your Fundraiser Site may terminate your partnership with Your Fundraiser Site at any time.

 Donations

Your Fundraiser Site agrees to donate a pre-determined quarterly amount based on individual sales and ad activity generated thru the Partner’s website that Your Fundraiser Site has created for the partnering organization. Eligible sales are calculated prior to tax and are solely determined by any fees payable to Your Fundraiser Site as a result of the sale.     In the event that a Participating Merchant shall withhold any portion of the fees payable to Your Fundraiser Site on account of a Qualified Purchase, Your fundraiser Site reserves the right to withhold the same amount from the donations credited to your account based on such purchase. Partner may not hold participating merchants in anyway accountable for any monies thought to be payable to partner. 

To allow for initial charge backs and returns, once Partnership is established and donations have been earned the first donation will be sent by mail 60 days after the first full month of partnership. payments will be made quarterly on Nov 15, Feb 15, May 15, and Aug 15.F rom there on, quarterly payments will be made 60 days in arrears.   For example once the first 60 has passed, donations earned for the month of January would be paid out on the next quarterly payment cycle.

Tax Matters

You agree that you are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with your participation as partner with Your Fundraiser Site.

Website Ownership and Maintenance

Your Fundraiser Site will exclusively be responsible for all costs and maintenance of Partner’s website created by and owned by Your Fundraiser Site. Partner will have final word as to what is on the partner’s website. Partner's control only pertains to content of participating merchants and design features and not Terms of Use, Privacy Policy or other documentation. If you are not satisfied with the content on your site you may contact us at customercare@yourfundraisersite.com.   . 

Your Fundraiser Site holds all rights, title and interest in Partner’s domain name and website created for Partner by Your Fundraiser Site. Including, but not limited to, all registration rights with respect to the Domain Name(s).

Partner represents and warrants (i) that Your Fundraiser Site is the exclusive owner of the Domain Name(s), and possesses all rights, title and interest in and to the Domain Name(s),

Ad Authorization and Revenues  

All partners grant Your Fundraiser Site permission to contact local businesses in the partner's community in order to offer them ad space in return for payment on partner's fundraising website.

Your Fundraiser Site will provide quarterly detailed statements illustrating all businesses that participated in the advertising program and all ad revenue generated.

Your Fundraiser Site will donate 50% of all revenue earned as a result of  businesses advertising on partner's fundraising mall.

Guarantee

We are so confident in the power of our fundraising program that if you try it and at any time you are not satisfied or feel that it has not benefited your cause, simply contact us and we will deactivate your site and your organization can keep any monetary contributions or credits earned to date as our gift.    

Other Terms

If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Your Fundraiser Site, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Partner.  Partner agrees that by accepting this Terms of Service Agreement, Partner is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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