FUNDYOURFUNDRAISING AND FUNDYOURPTA SERVICE TERMS AND CONDITIONS AGREEMENT
This Web site is owned and operated by Mutual Charities LLC and/or Fundyourfundraising subsidiary "Fundyourfundraising.org" and "FundyourPTA.org". (throughout this Agreement "Fundyourfundraising" refers collectively to Mutual Charities LLC and its subsidiaries) (the "Site").
Fundyourfundraising provides services ("Services") through its site to users and members, subject to the following Service Terms and Conditions. Fundyourfundraising reserves the right to modify this Terms and Conditions Agreement periodically without prior notice. You can review the most current version of the Service Terms and Conditions Agreement at any time at http://www.Fundyourfundraising.org/stc.htm.
All matters relating to these Services shall be governed by U.S. federal law and/or the laws of the State of Wisconsin without regard to its conflict of law principles. Any legal action or proceeding relating to these Services shall be instituted in a state or federal court in the jurisdiction of the State of Wisconsin.
If there is a determination that any provision of this Service Terms and Conditions Agreement is invalid or unenforceable, that determination will not affect the rest of the Service Terms and Conditions Agreement and the Service Terms and Conditions Agreement shall be deemed amended to the minimum extent necessary to make them valid and enforceable.
If you have any questions regarding this Service Terms and Conditions Agreement, please contact us:
Services Offered By Fundyourfundraising on the Site
Fundyourfundraising offers services on the Site. When you enroll to obtain a service from Fundyourfundraising on the Site, you accept the terms and conditions listed in this Service Terms and Conditions Agreement. Except as provided in this agreement, Fundyourfundraising does not warrant that content contained in this Web site is accurate, current, reliable, complete or error-free.
You are responsible for obtaining access to Fundyourfundraising and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Errors and Omissions
All information and offers displayed on Fundyourfundraising is subject to errors, omissions, or withdrawal without notice.
Privacy of Members and Shoppers
All services may be used for lawful purposes only. Through these Services, you may have access to web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates an US Federal, State, or Local law. You are solely responsible for the content you make accessible through the Fundyourfundraising web site. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations. Fundyourfundraising is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Fundyourfundraising has the right, but not the obligation, to edit, remove or deny access to such content. Fundyourfundraising may disclose any content or records concerning a user's account as required to satisfy any law, regulation, governmental request or court order.
Users may not use the web site with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Users may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Fundyourfundraising will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Commercial Advertising/ Mass Mailings
You must not use the web site or any email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the web site, equipment or any email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Fundyourfundraising reserves the right to disable your account. Fundyourfundraising solely reserves the right to refuse or cancel service to known spammers. Lastly, Fundyourfundraising reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without payment of accrued earned funds.
Refusal of Service
Fundyourfundraising reserves the right at its sole discretion to refuse or cancel service. Violation of any of Fundyourfundraising Terms and Conditions could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not receive any accrued earned funds.
Customer agrees that it will protect, indemnify, save and hold Fundyourfundraising harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Fundyourfundraising its agents, users, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's users, agents, employees or assigns. Customer agrees to defend, indemnify and hold Fundyourfundraising harmless against liabilities arising out of; (1) any injury to person or property caused by any information distributed in association with these Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND FUNDYOURFUNDRAISING, ALL CONTENT, SERVICES AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUNDYOURFUNDRAISING DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FUNDYOURFUNDRAISING DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE SERVICES IT OFFERS ON THE SITE WILL: MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND FUNDYOURFUNDRAISING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF FUNDYOURFUNDRAISING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNDYOURFUNDRAISING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNDYOURFUNDRAISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Fundyourfundraising furthermore expects that its users will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Fundyourfundraising wishes to emphasize that in accepting services, users indemnify Fundyourfundraising for the violation of any law or Services policy, that results in loss to Fundyourfundraising or the bringing of any claim against Fundyourfundraising. This means that if Fundyourfundraising is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Fundyourfundraising, plus costs and reasonable attorneys' fees.
Termination and Payment Policies
Fundyourfundraising may, but has no duty to, immediately terminate your Services or any of your materials from Fundyourfundraising servers if Fundyourfundraising, in its sole discretion, concludes that you have engaged in illegal activities or the sale of illegal or harmful goods or services, in activities or sales that may damage the rights of Fundyourfundraising or others, or have violated or threatened to violate the terms of the Agreement. Any termination under this paragraph will take effect immediately. In the event that Fundyourfundraising terminates your Services in connection with this paragraph, you will not be entitled to receive any accrued earned funds.
Last Updated: 03/01/2011