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Terms & Conditions

These Terms and Conditions (“Terms”) set forth the standards for using the It’s My Community Store, LLC (“Company”) online service located at www.itsmycommunitystore.com (“Website”). By using the Website you (the “User”) agree to the terms and conditions of this Agreement.

Please read the Terms carefully before accessing or using the Website. By signing up, accessing, or using this website, you agree to be bound by these terms and conditions, and be liable to the Company for any noncompliance with these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Website or use any services.

BY USING THIS WEBSITE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

  1. Description of the Program. Company allows nonprofits, schools, and other eligible organizations to receive donations when their supporters shop and make purchases on our Website (the “Program”). First, you will be directed to set-up a user account at which time you will be able to select an organization of your choice. From there, you will be able to place orders on approximately 10,000 different items on the Website, with a portion of the proceeds being earned by your selected organization.


  2. Registration. When and if you set up an account and register to use the Website, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

     
  3. Username and Password. As part of the account set-up and registration process, you may be asked to select a username and password. Company may refuse to grant you a username for any reason in our sole discretion, including in the event that Company determines that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

  4. Notice Regarding Children Under the Age of 13. Company is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the Website without the supervision by a legal guardian. Please remember that this Website is intended to facilitate fundraising for schools and non-profit organizations (“Schools” and “Organizations”), which may appeal to a broad audience of all ages, including younger aged students. Accordingly, as your child’s legal guardian, it is your responsibility, not the responsibility of Company, to determine whether any portion of the Website is appropriate for your child.

  5. Amendments to the Terms and Conditions. Company reserves the right, at its sole discretion, to modify, change, or replace the Terms and Conditions at any time by posting the new Terms and Conditions online. It is your responsibility to refer to and comply with these Terms and Conditions. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Terms and Conditions.

  6. Participation by Schools and Organizations. Participation in the Website is subject to Company’s prior approval. Company reserves the right to refuse participation to any School or Organization, at any time in its sole discretion. By submitting an application to participate in the Website you represent and warrant that you: 1) have the right to enter into and perform this agreement with Company including, but not limited to, the consent of the Organization or the School to use its name and/or logo, and 2) that the information in your application is true, complete and current. By participating in the Website, you grant Company a worldwide right to: 1) display your listing on our Website; 2) promote your School and Organization as part of the Website online, in print and any other media; and 3) display your trademark, logo, slogans and other source or business identifiers as you provide to Company in promotion of your School or Organization. Company grants you a non-exclusive, non-transferable license during your participation in the Program to use the Website names and logos on your site, in print and other media.

  7. Revenue Earned. For revenue earned and collected from purchases on our Website, each selected Organization or School will receive up to ten percent (10%) of the revenue collected. Company will send each Organization or School a check  for any revenue earned. Checks not cashed within one (1) year after issue will be deemed null and void, and all corresponding funds will instead be donated on behalf of the payees to nonprofit causes designated by Company management. To ensure proper payment, Organizations and Schools are solely responsible for providing and maintaining accurate contact and payment information associated with their account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Organizations and Schools agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Program. Company may change its pricing and/or payment structure at any time. If you dispute any payment, you must notify Company in writing within thirty (30) days of any such payment; failure to so notify Company shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under this Agreement.

  8. Privacy. Use of the Website is subject to the Company’s Privacy Policy.

  9. Links to Other Websites. The Website may contain links to other websites (“Linked Websites”). The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that Company is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not Company is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website or by accessing a Linked Website.

  10. Proprietary Rights. You acknowledge and agree that the trademarks of Company (the “Marks”), the Website, the content, the goods and services, and the look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of Company, or licensors of Company, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, the goods and services, the content, and look and feel of the Website are and shall remain with Company or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of Company, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Company or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including your website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.

  11. Representations and Warranties. You represent and warrant to Company that any information you provide on the Website will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website. Unauthorized individuals attempting to access prohibited areas of the Website may be subject to legal prosecution. You further warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

  12. Privacy and Information Disclosure. You acknowledge and agree that Company may, in its sole discretion, preserve or disclose your information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any content violates the rights to third parties; protect the rights, property or personal safety of Company, its users or the general public.
    1. Information Company collects may include: contact information; names; addresses; email; credit/debit card information; phone numbers; and any other information pertinent to your order and payment.

    2. The information collected is only utilized to complete your order for goods or services. Your information will not be disclosed to anyone or used for any other purpose other than to provide you with the services you requested. Be aware that third parties may be able to collect information from you if you link to another website from our website. In such a case, that third party would utilize their own privacy policy which may differ from this policy. Company takes the protection of your information seriously. As an added protection of your confidential credit information Company will not store your complete credit card number, utilizing the additional safety gateway authorize.net. However, please be aware that Company may be legally compelled to disclose certain information.

    3. Cookies are small files that the Website sends to and stores on your computer so that Company can recognize it as a unique machine the next time you visit our site. The cookies are to help optimize your online experience depending on your particular needs or browsing patterns, and to help the Company understand the size of audience and traffic patterns within our network.

    4. If you feel concerned about the cookies, you may, through your Web browser, either choose to reject them automatically, or have your computer prompt you before accepting them. Generally, this is done by selecting the appropriate cookies setting on your Web browser (usually found in “Internet Options” or “Preferences”). Please note, however, that some of our features and options depend on the use of cookies. Therefore, you will be unable to take advantage of those features if you choose not to accept cookies.

  13. Intellectual Property Policy. Company is committed to protecting copyrights and expects users of the Website to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to: info@itsmycommunitystore.com.

  14. Indemnification. You agree to indemnify, defend and hold Company, its affiliates, distributors, partners, licensors, advertisers and sponsors, and its directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) your content submissions; and/or (c) your activities in connection with the Website (including, without limitation, any and all purchases).

  15. Disclaimer of Warranties. THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR WEBSITE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  16. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, ADVERTISERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER WEBSITE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Company or its affiliates, partners, advertisers or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  17. Modifications and Interruptions to Service. Company reserves the right to modify or discontinue the Website with or without liability to you or any third party. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interrupted, interfered with or adversely affected by numerous factors or circumstances outside of our reasonable control.

  18. Policy for Idea Submission. Many of Company’s users are interested in submitting ideas and suggestions for products and services to be used by Company, either independently of, or in conjunction with, our internally developed concepts. Company appreciates its users’ interest in improving the Website and its products; however, please note that any such ideas or suggestions that you submit will be owned by Company, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Company. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as content submissions and subject to the license granted to Company above. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to Company without prior written approval. You can inquire regarding such approval by sending a letter to Company at: info@itsmycommunitystore.com. If Company is interested in pursuing any idea or suggestion of yours, Company will contact you. Please note that an additional legal agreement may be required by Company in order to evaluate your idea or suggestion.

  19. Choice of Law/ Choice of Venue. These Terms and all other terms and conditions related to the use of the Website shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions. By use of the Website, you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the Washoe County, Nevada, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.

  20. Severability. If any provisions of these Terms shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms shall not affect the validity and enforceability of any remaining provisions.

  21. Entire Agreement. These Terms supersede any prior agreements or understandings between you and the Company not incorporated into these Terms. In the event of any inconsistency between these Terms and any future posted Terms, the last posted Terms shall control. There are no third party beneficiaries of these Terms.

  22. Termination. If you violate any of these Terms, your permission to use the Website shall immediately terminate without the necessity of any notice to you. Company retains the right to deny access to the Website to anyone at its sole discretion, for any reason, including but not limited to violation of these Terms. Upon termination of these Terms, your right to access and/or use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.