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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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