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GiveByShopping.com



Survey Says...

An Ernst & Young survey found that the most popular products bought online are:
  • Computer related products (40%)
  • Books (20%)
  • Travel (16%)
  • Clothing (10%)
  • Recorded Music and Subscriptions (6%)
  • Gifts (4%)

Studies Show...

According to the ACNielsen Global Online Consumer Confidence Study, more than 212 million online shoppers cited books as one of the last three items they purchased over the Internet.

Other recent purchases included more than:

  • 135 million DVDs and video games
  • 134 million airplane reservations
  • 128 million articles of clothing, accessories and footware
  • 112 million music downloads and CDs
  • 106 million cameras and other electronic devices
  • 98 million computers, and
  • 86 millions hotel and tour reservations.

Online shopping is not the way of the future, it's the way of today!

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Terms of Service

TERMS OF SERVICE

The following Terms of Service reflect the policies for the GiveByShopping.com Online Fundraising Network, website, affiliated Merchants, Participants, and Users of the GiveByShopping.com Online Fundraising Network.

TERMS OF SERVICE

DEFINITIONS:

  • Participant – a church, school, charity or 501(c)3 non-profit organization that has enrolled in the GiveByShopping.com Online Fundraising Network and promotes its customized Online Shopping Portal to Users.

  • Enrollment – the process of a prospective participant completing an online application for participation in the GiveByShopping.com Online Fundraising Network.

  • Users – the members and/or supporters of Participants, who visit the Participant's GiveByShopping.com Online Shopping Portal via links on Participants' websites or in their email communications with Users.

  • Merchant – the online businesses whose products and services are featured on Participants' GiveByShopping.com Online Shopping Portals; the websites of those businesses.
    Portal – a page on the World Wide Web, hosted by GiveByShopping.com, which features links to Merchants' websites.

  • Network – all Portals and other associated web pages currently available via the World Wide Web using the Uniform Resource Locator (URL) http://www.GiveByShopping.com.

1. ACCEPTANCE OF TERMS: GiveByShopping.com provides an opportunity for non-profit organizations’ members and/or supporters (Users) to shop third-party commercial websites (Merchants) and have a portion of the proceeds from purchases made from those Merchants through GiveByShopping.com donated to the non-profit organization (Participant) by GiveByShopping.com. GiveByShopping.com provides this opportunity via customized Online Shopping Portals on its World Wide Website, currently identified by the Uniform Resource Locator http://www.GiveByShopping.com (the "Network").

Our provision of the Network is subject to the following terms and conditions and any rules, guidelines or policies (collectively, "Terms of Service") that may be published from time to time by GiveByShopping.com and/or its subsidiaries, affiliates, officers, directors, employees, agents, etc., (collectively, "GiveByShopping.com"), on this website. We may update any or all of the Terms of Service from time to time without notice. Please read the current Terms of Service, as displayed on this webpage, carefully. Your use of the Network as a Participant, Merchant, User, or in any other manner (i.e. Visitor), constitutes your agreement with and agreement to be bound by these Terms of Service, our Privacy Policy, and, when applicable, our Participant Agreement.

You understand that the Network is provided "AS-IS" and that GiveByShopping.com assumes no responsibility for the timeliness, retention, deletion, mistaken delivery or failure to store any User, Participant, Merchant or other communication or data.

It is each Participant's responsibility to have and maintain a publicly-available website, to display a text and/or graphic link or links to its GiveByShopping.com Online Shopping Portal on the home page of said website, to promote the Network to its Users, and to have its primary User group located in North America in order to benefit from the Network and to receive contributions from GiveByShopping.com.

2. PARTICIPANT REGISTRATION AND SECURITY: As a condition of using the Network, You, the Participant, agree to: (a) provide true, accurate, current, and complete information about yourself and your employer (the "Registration Data") as prompted by the Enrollment Page and any subsequently received email messages from GiveByShopping.com; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if GiveByShopping.com has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, GiveByShopping.com has the right to suspend or terminate your subscription and to refuse any and all current or future use of the Network.

3. PARTICIPANT PRIVACY: Registration Data and certain other information you provide to or through the Network are subject to our Privacy Policy.

4. PARTICIPANT CONDUCT: You, the Participant, understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively and individually: "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you submit to (including, but not limited to, via email), through, or about the Network.

GiveByShopping.com does not control the Merchant Content posted using the Network and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Network, you may be exposed to Content that is offensive, indecent, or objectionable. GiveByShopping.com will endeavor to remove any offensive, indecent, or objectionable Content as soon as such is brought to our attention. Under no circumstance will GiveByShopping.com be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted or hosted using the Network.

You acknowledge that GiveByShopping.com does not pre-screen Merchant Content, but that GiveByShopping.com shall have the right (but not the obligation) to refuse or to move or to delete any Content that is made available using the Network, including without limitation any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all rights and obligations associated with, the use of any Content, including reliance on the accuracy, completeness, or usefulness of such Content. You also acknowledge and agree that GiveByShopping.com may preserve or remove Content and may disclose Content, including information about your participation in or use of the Network, to any third party if required to do so by law or in the good faith belief that such preservation, removal, or disclosure is necessary to:

  • Comply with legal process;
  • Enforce the Terms of Service;
  • Respond to claims that any Content violated the rights of third parties; or
  • Protect the rights, property, or personal safety of GiveByShopping.com, its Merchant Partners, Participants, Users or the general public.

By way of example, and not as a limitation, you agree that GiveByShopping.com may remove Content or terminate your account without notice, if GiveByShopping.com believes, in its sole discretion, that you are engaged in any of the following activities:

  • Uploading, posting, emailing or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Arming minors without the knowledge and consent of said minor(s)'s parent(s) or legal guardian(s), and/or, in any way not consistent with federal, state, and local law(s);
  • Impersonating any person or entity, including, but not limited to, a GiveByShopping.com employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Creating false, misleading, or duplicative addresses for Users in order to disguise the destination of any Content transmitted through or about the Network;
  • Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through or about the Network;
  • Adopting of names and addresses for the purpose of cyber-squatting;
  • Uploading, posting, emailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party;
  • Uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
  • Uploading, posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfering with or disrupting the computer networks or servers or networks connected to the Network, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Network;
  • Intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • 'Stalking' or otherwise harassing another;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent.
  • Disclosing any information related to the amount, percentage, frequency, or other details of contributions made by GiveByShopping.com to Participant(s) except as detailed in the Participant Agreement.

You agree and warrant that Participant will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004, as may be amended from time to time) regarding the sending of e-mails.

5. In connection with the relationship contemplated by this Agreement, the Participant may receive or have access to commercially valuable technical and non-technical confidential or proprietary information of GiveByShopping.com, including information in whatever form, relating to the business of GiveByShopping.com that is not generally known or available to others, including source code and documentation for software, trade secrets, know how, customer lists, pricing strategies, marketing and business plans, information concerning a GiveByShopping.com´s vendors, and GiveByShopping.coms' contemplated plans, strategies and prospects ("Confidential Information"). The Participant acknowledges and agrees that any Confidential Information received or obtained from GiveByShopping.com, or from any other party about GiveByShopping.com, is the sole and exclusive property of GiveByShopping.com and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law. If disclosure is required by law, the Participant required to disclose Confidential Information shall reasonably cooperate with GiveByShopping.com so that GiveByShopping.com may preserve the confidentiality of the Confidential Information to the extent reasonably possible.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: You also understand and accept that at least some Merchants linked to through GiveByShopping.com do not ship products outside the United States and that GiveByShopping.com is designed exclusively for the use of U.S. Persons as defined by the Internal Revenue Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. The Network is not intended to serve and will not knowing serve Users located outside the United States.

7. TERMINATION: You agree that GiveByShopping.com, at its sole discretion, may terminate your participation in and/or use of the Network, and remove and discard any Content within the Network, for any reason, including without limitation, for lack of use or if GiveByShopping.com believes that you have violated or acted inconsistently with the letter OR spirit of the Terms of Service.

GiveByShopping.com may also, at its sole discretion and at any time, discontinue providing the Network, or any part thereof, with or without notice. You agree that any termination of access to the Network under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that GiveByShopping.com may immediately deactivate or delete your participation and all information and files related to your participation and/or bar any further access to such files or to the Network. Further, you agree that GiveByShopping.com shall not be liable to you or any third party for any termination of access to the Network or for any injury, loss, or damage resulting from such termination.

8. NO RESALE OF NETWORK: You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes, commercial or otherwise, the Network, use of the Network or access to the Network.

9. PRACTICES REGARDING USE AND STORAGE OF DATA: You agree that GiveByShopping.com has no responsibility or liability for the deletion or failure to store any messages and/or other communications, or other Content maintained or transmitted through, by, or about the Network. You acknowledge that GiveByShopping.com reserves the right to terminate accounts that are deemed to be “inactive.” You acknowledge and agree that GiveByShopping.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. INDEMNIFICATION: You agree to indemnify, defend and hold harmless GiveByShopping.com from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:

  • The Content you provide for uploading, submission, posting, or transmission through or about the Network;
  • Your use of and/or participation in/with the Network;
  • Your connection to the Network;
  • Your violation of the Terms of Service, or
  • Your violation of the rights of another.
  • Any determination by the Internal Revenue Service or any state, county, parish, city or town department of taxation that contributions from GiveByShopping.com constitute taxable Unrelated Business Income.

GiveByShopping.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

11. MODIFICATIONS TO NETWORK: GiveByShopping.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Network (or any part thereof) with or without notice. You agree that GiveByShopping.com shall not be liable to you or any third party for any modification to or discontinuance of the Network.

12. CONTENT POSTED ON THE NETWORK: You agree that upon submission of any material for posting on the Network, you grant GiveByShopping.com, and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to participating Merchants, other Participants, Users, Visitors, and others. You also grant GiveByShopping.com the right to authorize Users and Visitors to download and print, in whole or in part, any material that you have submitted for posting on the Network. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including, without limitation, the inclusion of appropriate copyright notices.

13. PROPRIETARY RIGHTS: You acknowledge and agree that all Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in or displayed by the Network or information presented through the Network by GiveByShopping.com or GiveByShopping.com Merchants and/or other Participants, and/or submitted by Users and/or Visitors is protected by the copyrights, trademarks, service marks, patents, or other proprietary rights of the owners of said Content, and by the other laws of the United States of America and political subdivisions thereof. Content received through the Network may be displayed and printed by you only for your personal, non-commercial use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell, or distribute in any way Content available through the Network, including code and software.

14. EXTERNAL LINKS: The Network may provide, or third parties may provide through the Network, links to other World Wide Web sites and resources. You acknowledge and agree that GiveByShopping.com is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products, or other material on or available from or through such websites and/or resources. You further acknowledge and agree that GiveByShopping.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.

15. DEALINGS WITH MERCHANTS, PARTICIPANTS, USERS, AND OTHER THIRD PARTIES: Your correspondence or business dealings with, or participation in promotions of Merchants, Participants, Users, or other third parties found on or through the Network, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Merchant, Participant, and/or User. You agree that GiveByShopping.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Merchants or Users on the Network. GiveByShopping.com will do its best to select only reputable, nationally-known Merchants for the Network. However, GiveByShopping.com is not responsible for the content or the nature of such Merchants and their products and will not be held responsible for purchases made from any Merchant. The Merchants listed on GiveByShopping.com and/or its Participants' Portals do not necessarily endorse, promote, or support the individual Participants of the GiveByShopping.com Online Fundraising Network.

16. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE NETWORK IS AT YOUR SOLE RISK. THE NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GiveByShopping.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GiveByShopping.com MAKES NO WARRANTY THAT (A) THE NETWORK WILL MEET YOUR REQUIREMENTS, (B) THE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE NETWORK WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE NETWORK WILL BE CORRECTED OR (E) THIS NETWORK OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GiveByShopping.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ITS MERCHANTS, THIRD PARTIES, OR PARTICIPANTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SUBSCRIBER, THIRD PARTIES, OR MERCHANT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NETWORK IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GiveByShopping.com OR THROUGH THE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

17. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL GiveByShopping.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GiveByShopping.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE NETWORK FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NETWORK; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE NETWORK; OR (F) ANY OTHER MATTER RELATING TO THE NETWORK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GiveByShopping.com IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS.

IF YOU ARE DISSATISFIED WITH THE NETWORK, THE MATERIALS AVAILABLE ON OR THROUGH THE NETWORK, OR WITH ANY OF THE TERMS OF NETWORK, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

18. NOTICES: Notices may be provided to you by email or regular mail. The Network may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Network. It is up to you to ensure GiveByShopping.com has your up to date email address and contact information.

19. TRADEMARKS: "Give By Shopping", GiveByShopping, GiveByShopping.com, and the graphical representation, color scheme, and stylized depiction of the GiveByShopping.com logo, are trademarks of Jeff Johnson D/B/A GiveByShopping.com. You agree that you will not, in any manner, without prior written permission, display or use these trademarks. Participants are deemed to have permission to display the created word/URL "GiveByShopping.com" and the color scheme and stylized depiction of the GiveByShopping.com logo on their website and in their communication(s) with Users during such time as their participation in the Network is active and in good standing, subject to the limitations described in the Participant Agreement and other communications from GiveByShopping.com to Participants. Participants' limited and revocable right to use these copyrighted and/or trademarked materials may be terminated at any time by emailed notice from GiveByShopping.com to the registered email address of the Participant. Such revocation shall be deemed effective immediately upon being sent by GiveByShopping.com. Participant shall cease using any copyrighted and/or trademarked material owned by GiveByShopping.com and making any public reference to GiveByShopping.com immediately upon receipt of said notice.

20. COPYRIGHTS AND COPYRIGHT AGENTS: GiveByShopping.com respects the intellectual property of others and we ask our Merchants, Participants, Users, and Visitors to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide the GiveByShopping.com Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site (the exact URL of the page on which the alleged infringement occurred is required);
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The GiveByShopping.com Copyright Agent for notice of claims of copyright infringement can be reached only via email: copyright (at) GiveByShopping.com (replace “(at)” with the “@” symbol).

21. MISCELLANEOUS: The Terms of Service (incorporating the GiveByShopping.com Privacy Policy and Participant Agreement) constitute the entire agreement between you and GiveByShopping.com and govern your use of the Network, superseding any prior agreements between you and GiveByShopping.com, unless you are a Participant, in which case you are also bound by the terms of the Participant Agreement. The Terms of Service and the relationship between you and GiveByShopping.com shall be governed by and construed in accordance with the laws of the State of Mississippi without regard to its conflict of law provisions. You and GiveByShopping.com agree to submit to the personal and exclusive jurisdiction of the courts located in Mississippi. The failure of GiveByShopping.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of Jeff Johnson D/B/A GiveByShopping.com, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Network or to the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.

22. LANGUAGE: It is the expressed wish of all Participants, Users, Merchants, and Visitors to the Network that the Terms of Service and all related documents have been compiled in English. GiveByShopping.com shall not recognize any communications in any language other than American English.

23. VIOLATIONS: Please report any violations of the Terms of Service via email: violations (at) GiveByShopping.com (replace “(at)” with the “@” symbol).

24. ONLINE EXPERIENCE: GiveByShopping.com wants our Participants and Users to have the best online experience possible and has done its best to make sure this site is designed to deliver the most current content using the latest technology available. This site is optimized for a resolution of 800x600 pixels. If you have any questions regarding the design of this site or your own system set up while visiting www.GiveByShopping.com, please send an email to info (at) GiveByShopping.com (replace “(at)” with the “@” symbol).

25. FORCE MAGEURE: Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.

26. RELATIONSHIP: The relationship of GiveByShopping.com and Participant established by this Agreement is that of voluntary contributor and recipient of contributions, and neither party is an employee, agent, partner, joint venture, or independent contractor of the other. The detailed operations of GiveByShopping.com under this Agreement are subject to the sole control and management of GiveByShopping.com. The parties acknowledge that, except as set forth in the Participant Agreement incorporated herein, this Agreement sets forth a non-exclusive relationship between the parties.

27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall inure to the benefit of GiveByShopping.com, its successors and assigns.

Updated on May 26, 2006 at 5:47 PM