TERMS AND CONDITIONS OF USE
Welcome to www.ShopWisely.org (the “Site”), a web site provided on behalf of the Give Foundation (“Give”), a non-profit organization dedicated to encouraging charitable giving.
The Terms and Conditions of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by Give from time to time, are collectively referred to as the “Terms and Conditions” and govern use of the Site. You should carefully read the Terms and Conditions before using the Site. You can review the most current version of the Terms and Conditions at any time at http://www.ShopWisely.org/tac. By using the Site, you: (i) agree to be bound by the Terms and Conditions; and (ii) represent that you have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you are not authorized to use the Site. If you are a minor, you may use the site only with the permission of a parent or guardian.
Subject to the Terms and Conditions, Give grants you a limited license to access the site. Access to certain portions of this Site requires login and password information provided only to users who have registered (the “Subscribers”). The subscription login and password are provided for the use of the individual Subscriber only and are not transferable. If you have obtained a login and password that belong to another person, you are not authorized to use that login account and we request that you notify Give of the improperly disclosed login account information.
The Site may provide certain content and services that Give may change or update from time to time (the “Content” and “Services”). Content and Services are provided solely to enable donors to identify and select participating charities to receive donations from qualifying transactions.
The ability to post information is provided to allow Subscribers to share ideas and information of interest. Give cannot and does not monitor all of the material posted or transmitted by Subscribers. You are advised to use your best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy found at www.ShopWisely.org/privacy. In the event that any posted information appears to be inappropriate for display on this Site for any reason, users are encouraged to contact Give at support@shopwisely.org to request removal of such information.
Use of the Site is voluntary. You may choose not to use the site and you may choose not to register as a Subscriber. You may cancel your subscription at any time by contacting Give at support@shopwisely.org.
If you choose to register as a Subscriber, you agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify Give by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. Give is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact Give as follows:
Email: support@shopwisely.org
Telephone: (248) 635-0451
The information Give obtains from Users and Subscribers will be used only in accordance with Give’s Privacy Policy.
You are responsible for all Content that you upload, post, email or otherwise transmit using the Site or Services. Likewise, you are responsible for respecting Give’s and third parties’ rights with respect to Content that appears on the Site and not to download, email or otherwise transmit such Content in violation of Give’s and third parties’ rights. You agree to use the Content and Services solely to accommodate your own personal needs and not to offer the Content or Services to any third party. You may not use or exploit any portion of the Site, Content, or Services to distribute unsolicited communications not appropriate for the purposes of the Site. You agree not to use the Site or Services to:
• Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
• Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, racially, ethnically, or otherwise offensive;
• Impersonate another person or entity, including without limitation, a representative of Give or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site or Services;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, including without limitation, initiation or perpetuation of any “Spam”, “Junk Mail”, chain letters, or any other potentially objectionable form of unsolicited communication;
• Use the Site or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;
• Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
• Directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect Give or any third party;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities; or,
• Upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.]
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, CONTENT AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GIVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY SUBSCRIBER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GIVE MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF GIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE, SERVICES, OR CONTENT.
The Content and the Services are owned by Give and/or third parties and are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Give, except that, subject to your compliance with the Terms and Conditions, Give authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification or use of Content for any other purpose is a violation of the rights of Give, or third parties.
“The Give Foundation,” “Give,” "ShopWisely," and "ShopWisely.org" are trademarks owned by Give. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Give or the owner of such mark.
Pursuant to the Digital Millenium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Give’s designated agent for notice of alleged copyright infringement in connection with the Site is support@shopwisely.org. To file a notice of infringement with Give, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov.
The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Give with respect to the provider of such linked site or the linked site. GIVE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
Users and Give agree that this Agreement and the relationship between the users and Give will be governed by the laws of the State of Michigan, without respect to its conflict of laws provisions and that venue with respect to any dispute between the users and Give will rest exclusively in the state or federal courts located in Troy, Michigan.
Give may change the Terms and Conditions from time-to-time. If such a change is made, Give will post the revised Terms and Conditions on the Site. Give reserves the right to add to or change the Site or cease offering the Site at any time and without liability. Give reserves the right to refuse to offer access to the Site, Content, and/or Services to anyone at any time without notice.
The Terms and Conditions constitute the entire agreement between users and Give relating to the Site, Content, and Services. There is no agency, partnership, joint venture, or employee-employer relationship between any user and Give arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of Give to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.