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Terms of Use Agreement

 

 

 

To make certain that you, as a visitor(user) of this Website, fully understand what our responsibilities are to each other, we have created this document. You agree that you have read, understood, and agreed with the following Terms of Use, and consent to be bound by all said Terms of Use, including any updates thereto.

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

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

The terms "visitor" and "user" shall be considered interchangeable as to apply to anyone that visits and/or uses this site. As well as ("Your Fundraiser Site" or "GoCougarsGo.com" or "we", "our" or "us"), ("GoCougarsGo.com" or "this site" , "our site" , "the site" or "our website")

Palmyra  Elementary PTO has partnered with Your Fundraiser Site to create this site. Your Fundraiser Site is  sole owner of this site and have agreed to pay Palmyra Elementary an agreed upon percentage of each sale generated through the Site.   

Website Ownership and Maintenance

Your Fundraiser Site will exclusively be responsible for all costs and maintenance of this website created by and owned by Your Fundraiser Site. Your Fundraiser Site holds all rights, title and interest in the domain name and website created  by Your Fundraiser Site. Including, but not limited to, all registration rights with respect to the Domain Name(s). 

 

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

Users of this Site agree 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 use of the Service, the violation of this Agreement, or infringement by User 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. Your Fundraiser Site shall not be liable to user or any third party should Your Fundraiser Site exercise its right to modify or discontinue the Service. User 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 users 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.

Qualifying Purchases

The supported organization will only receive a contribution based on qualified purchases.  For the organization to be eligible for a contribution all users/visitors must start their online shopping at this site. If You begin a purchase but complete it after a different online session, or if You click on other links and leave the merchants site to go to other webpages before completing the transaction, then Your purchase may not be considered an eligible purchase. All returned items are to be considered an ineligible purchase.  The participating merchants have final say as to what is a qualified purchase. 

We regularly receive coupons and promotions from our contracted merchants and in turn pass these along to the users of this site.   We do our best to only provide the most up to date information but make no guarantee or representation that any promotions or coupons be will be valid to the user.  In order for the organization to receive credit no coupons from other sources than this site may be used during purchase.

A Special Note About Children

Children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.


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 Use, 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

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User 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 or any site owned by your fundraiser site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 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 websites 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.

 

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 Use 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 user of this site you may be presented the opportunity to sign up for a newsletter.. You hereby consent to the receipt of all communications from us through the email address that you provide to us. You may unsubscribe to the emails at any time by clicking the unsubscribe link at the bottom of any received emails. Please know that we will never give or sell your email address and that we strictly obey all laws pertaining to SPAM, including the CAN SPAM ACT of 2003.  

Fraud, Abuse, etc.    

You will not, and will not knowingly allow other persons to, take part in any abusive, illegal , or fraudulent activity,  related to your participation in this site.

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.

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. 

 

Voluntary Participation

Visitor's use and participation of this website is purely voluntary.  As is the continued provided service of Your Fundraiser Site.  Either party may discontinue their relationship at any time without prior notice.

Tax Matters

Any Contribution's made to the partner organization as a result of a sale by a user of this site are not considered as a  "tax deductable donation."

Other Terms

If any provision of this Terms of User 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 Use 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. User 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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