Filanthropists.com™ TERMS AND CONDITIONS
1. Your Privacy
2. Filanthropists.com™ is a Venue
Filanthropists.com™ brings together vendors of charitable cause-related products and services (each a "Merchant") and the people who wish to support those causes through their purchases (each a "Buyer") of products and services (each product or service, a "Product"). Merchants, Buyers and all other users of the Site are referred to herein, collectively, as "Users." Each purchase and sale is referred to as a "Transaction." Filanthropists.com™ provides a venue for Transactions and processes the payment through its third-party service providers but the Buyer is actually purchasing the Product from the particular Merchant offering such Product. Ownership of Products is transferred directly from the Merchant to the Buyer.
BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SITE IS SIMPLY A VENUE FOR MERCHANTS AND BUYERS TO COMPLETE TRANSACTIONS; (B) PRODUCTS ARE TRANSFERRED DIRECTLY FROM MERCHANTS TO BUYERS; AND (C) FILANTHROPISTS.COM IS MERELY PROCESSING PAYMENTS VIA ITS THIRD-PARTY SERVICE PROVIDERS.
Filanthropists.com™ also brings together manufacturers or vendors of products and non-profits that wish to associate their cause with a product and receive certain proceeds from the sale of such products for their cause as well as like-minded shoppers who wish to share their passions for particular causes. Although Filanthropists.com™ may provide tools for Users to interact, it has no control over or responsibility for the communications that may take place via these tools.
PLEASE USE CAUTION AND COMMON SENSE WHEN USING FILANTHROPISTS.COM. FILANTHROPISTS.COM™ DOES NOT PROMISE TO SCREEN OR INVESTIGATE USERS AND CANNOT ENSURE THAT USERS WILL ACT IN A LEGAL OR ETHICAL MANNER OR WILL COMPLETE A TRANSACTION OR FOLLOW THROUGH ON ANY REPRESENTATION OR COMMITMENT THEY MAY MAKE. THERE IS A RISK THAT USERS MAY MISREPRESENT THEMSELVES OR ACT UNDER FALSE PRETENSES.
BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS SIMPLY A VENUE FOR USERS TO CONNECT AND THAT FILANTHROPISTS.COM HAS NO RESPONSIBILITY WHATSOEVER FOR ANY COMMUNICATIONS (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR COMMITMENTS CONTAINED IN SUCH COMMUNICATIONS) THAT MAY TAKE PLACE BETWEEN USERS. FILANTHROPISTS.COM CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED BY USERS OF THE SITE TO THE SITE OR TO OTHER USERS.
3. Merchant Responsible for its Products and Representations
Although Filanthropists.com™ contractually requires all Merchants to comply with all applicable law and to accurately disclose and faithfully remit to the applicable cause the amount represented by the Merchant on the Site to be so remitted, Filanthopists.com does not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free including but not limited to the Merchant's representation as to the amount of proceeds from a sale that will be donated to a specified cause. A Product's inclusion on the Site does not constitute an endorsement by Filanthropists.com™.
BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT FILANTHROPISTS.COM HAS NO CONTROL OVER THE QUALITY, SAFETY, MORALITY, INTEGRITY OR LEGALITY OF ANY ASPECT OF THE PRODUCTS, THE TRUTH OR ACCURACY OF THE PRODUCTS, THE ABILITY OF MERCHANTS TO SELL PRODUCTS OR THE ACCURACY OF A MERCHANT'S STATEMENTS AS TO THE AMOUNT OF PROCEEDS FROM A SALE THAT WILL BE DONATED TO THE SPECIFIED CAUSE.
4. Purchase Policies and Procedures and Payment Processing
Purchases made on Filanthropists.com™ are transactions between the Buyer and the Merchant. Merchants are responsible for fulfilling a Buyer's order by shipping/ providing their Products to the Buyer as well as for processing returns and exchanges. Merchants are required to post their policies and procedures with respect to fulfilling orders and processing returns and exchanges on the Site.
Filanthropists.com™ seeks to offer you an easy and efficient means to shop. To this end, Filanthropists.com™ facilitates your transaction by providing payment and credit for return processing via its third-party service providers.
You may contact Filanthropists.com™ in the event that you have a dispute with another User, but Filanthropists.com has no obligation to resolve such disputes or to take any actions relating to such disputes. Filanthropists.com™ may, in its sole discretion, try to help resolve such disputes. Filanthropists.com™ takes on no responsibility with respect to any such dispute by attempting to be of assistance.
5. Site Content
All information and content available on the Site and its "look and feel", including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Site Content") is the property of Filanthropists.com™, its "Affiliates," business partners or licensors and is protected by United States and international laws, including laws governing copyrights and trademarks. An "Affiliate" is a person or legal entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with Filanthropists.com™
Except as set forth in the limited license granted in Section 8, or as required under applicable law, neither the Site Content nor any portion of the Site may be used, reproduced, duplicated, distributed, copied, framed, sold, resold, republished, displayed, posted, transmitted, accessed, modified, or otherwise exploited, in whole or in part, in any form or by any means for any purpose without the prior express written consent of Filanthropists.com™. Filanthropists.com™ reserves the right to change any and all Site Content at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Filanthropists.com™.
6. Site Availability
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Filanthropists.com™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Site Content.
7. Modifications to the Site
Filanthropists.com™ reserves the right to modify or terminate any or all portions of the Site with or without cause at any time, effective immediately. Filanthropists.com™ shall not be liable to you or any third party for such modification or termination. Should you object to any modifications to the Site or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
8. Limited License
Filanthropists.com™ grants you a limited, revocable, and non-exclusive license to access and make personal non-commercial use of the Site in accordance with these Terms and Conditions including but not limited to the Participation Policy and the User Content Guidelines. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Site Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Site Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site or any Site Content.
Filanthropists.com™ also grants you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Site Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or the Products, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Filanthropists.com, is strictly prohibited and will terminate the license granted herein without prejudice to any other remedy provided by applicable law or these Terms and Conditions. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
9. Links to Other Websites and Content
Links appearing on the Site are for convenience only and are not an endorsement by Filanthropists.com™ or our Affiliates of the referenced content, product, service, or supplier. Linking to or from any off-website pages or other websites is at your own risk. Filanthropists.com™ is in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor does Filanthropists.com™ assume any responsibility or liability for the actions, content, advertising, products, services or other materials on or available on such pages, content and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE FILANTHROPISTS.COM SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH OFF-WEBSITE CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR RESOURCES.
10. No Responsibility for User Content
Although we provide Users of the Site with guidelines for participation in the Filanthropists.com™ community, we do not endorse or control the data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials Users may transmit, upload, post, e-mail or otherwise make available on or through the Site (collectively, "User Content") including but not limited to User Content posted by Merchants (e.g., about their Products and contributions to particular causes). Filanthropists.com™ does not screen Users and does not guarantee the accuracy, integrity or quality of User Content. Users, not Filanthropists.com™, are entirely responsible for all User Content that they post to the Site. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you.
BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE FILANTHROPISTS.COM™ SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF THE USE OF ANY USER CONTENT TRANSMITTED, UPLOADED, POSTED, E-MAILED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
11. Digital Millennium Copyright Act Notice Policy
Filanthropists.com™ respects the rights of copyright holders and offers a means of alerting Filanthropists.com™ of any possible infringement of copyrighted materials. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please click here for our Digital Millennium Copyright Act Notice Policy.
12. Your Participation in the Filanthropists.com Community
Filanthropists.com™ welcomes your participation in our community of Users who are interested in supporting a cause through their activities.
A. Your Obligations
You are solely responsible for your conduct and activities on and regarding Filanthropists.com™ including any User Content you submit, post, and display on the Site. You are solely responsible for your interactions with others. You understand that Filanthropists.com™ does not in any way screen its Users and does not supervise or control any User interactions online or offline. You agree to exercise caution and good judgment in all interactions with other Users whether online or offline.
YOU MUST COMPLY WITH FILANTHROPISTS.COM™ POLICIES AND GUIDELINES FOR PARTICIPATION INCLUDING OUR PARTICIPATION POLICY AND OUR USER CONTENT GUIDELINES PROVIDED BELOW.
- Act in accordance with the law, custom and in good faith.
- Respect the intellectual and proprietary rights of others.
- Respect the privacy of others.
- Be false, inaccurate or misleading including but not limited to falsely stating or otherwise misrepresenting your affiliation with any person, entity or organization (e.g., through the use of similar email address, nicknames, or creation of false account(s) or any other method or device).
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content.
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate, stalk, entrap, harm or intimidate any person (including Filanthropists.com staff or other Users) in any way.
- Be obscene or post or refer to child pornography.
- Transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Collect or store personal information about others.
- Use software, robots, spiders, scrapers, crawlers, or similar data gathering and extraction tools on, in connection with or to access the Site.
- Alter, hack, interfere with or impact in any way the Site or the integrity or operation of the Site, Site Content or functionality or services that may be available on or through the Site.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site, service or infrastructure.
- Bypass measures Filanthropists.com may use to prevent or restrict access to the Site.
- Assist or encourage others to violate these Terms and Conditions.
B. User Content
If you choose to upload, post, transmit, share, store or otherwise make available any User Content on the Site, such User Content must comply with these Terms and Conditions including the Participation Guidelines set forth in Section 12(A) hereof and our User Content Guidelines below. You acknowledge that we have the right (but not the obligation) in our sole discretion to reject, refuse to post or transmit or to remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. Please note that it is possible for User Content you post on the Site to be used or reposted elsewhere by third parties or other websites. You agree to hold Filanthropists.com harmless for any such use or reposting of your User Content.
USER CONTENT GUIDELINES
Any User Content that you transmit, upload, post, email or otherwise make available on or through this Site must comply with these Terms and Conditions including the Participation Policy and these User Content Guidelines.
User Content must not:
- Be unlawful, harmful, threatening, abusive, harassing, intimidating, degrading, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful or otherwise objectionable including but not limited content that attacks, degrades or defames an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Be false, inaccurate or misleading;
- Violate or encourage the violation of any law;
- Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Violate the rights of privacy or publicity of any person;
- Include the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Contain or include software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, pyramid schemes or any form of "spam;"
- Be content you do not have a right to make available under any applicable law or contractual or fiduciary relationships; or
- Be content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Filanthropists.com or its users to any harm or liability of any type.
Any questions, comments, ideas, suggestions, feedback, text, photos, video or other information you provide to us or provide on or through this Site (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Submissions include User Content.
YOU ALSO ACKNOWLEDGE THAT YOUR SUBMISSION WILL NOT BE RETURNED AND FILANTHROPISTS.COM™ AND ITS LICENSEES MAY USE YOUR SUBMISSION, AND ANY IDEAS, CONCEPTS OR KNOW HOW CONTAINED THEREIN, WITHOUT PAYMENT OF MONEY OR ANY OTHER FORM OF CONSIDERATION, FOR ANY PURPOSE INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING, DISTRIBUTING AND MARKETING PRODUCTS OR SERVICES.
IF YOU MAKE A SUBMISSION, YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE CONTROL THE RIGHTS TO YOUR SUBMISSION AND HAVE THE RIGHT TO SUBMIT IT TO FILANTHROPISTS.COM AND THAT SUCH SUBMISSION COMPLIES WITH OUR PARTICIPATION POLICY AND USER CONTENT GUIDELINES. YOU FURTHER REPRESENT AND WARRANT THAT SUCH SUBMISSION DOES NOT CONSTITUTE OR CONTAIN SOFTWARE VIRUSES, COMMERCIAL SOLICITATION, CHAIN LETTERS, MASS MAILINGS, OR ANY FORM OF "SPAM." YOU MAY NOT USE A FALSE EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE MISLEAD US AS TO THE ORIGIN OF ANY SUBMISSION. YOU AGREE TO INDEMNIFY US FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH ANY CLAIMS TO ANY RIGHTS IN ANY SUBMISSION AND ANY DAMAGES ARISING FROM ANY SUBMISSION.
13. Requirement for Using the Site
Filanthropists.com's services are available only to, and may only be used by, individuals who are 13 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 13 years old and that all registration information you submit is accurate and truthful. Filanthropists.com™ may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
14. Your Account
If you wish to make a purchase, become a Merchant, interact with another User or provide any User Content, you must register with Filanthropists.com™ and create an account ("User Account"). You represent and warrant that the information you submit in connection with your registration and User Account is truthful and accurate and that you will keep it continually updated, complete and accurate. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person or entity as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Site Content resulting from such access or use. You may not transfer or sell your Filanthropists.com™ account and User ID to another party. You are solely responsible in all respects for all use of (including any unauthorized use) of your User Account, and for protecting the confidentiality of your username and password. You agree to notify Filanthropists.com™ immediately of any unauthorized use of your User Account and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. YOU ALSO AGREE THAT FILANTHROPISTS.COM™ SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO KEEP YOUR PASSWORD SECURE.
15. Right to Refuse Service
Filanthropists.com™ reserves the right to refuse service to anyone, to suspend or terminate User Accounts, and/or to restrict, limit, suspend or terminate your access to all or any part of the Site at any time if these Terms and Conditions are violated or threatened to be violated or if we decide, in our sole discretion, that it would be in Filanthropists.com™ best interests to do so. Filanthropists.com™ may also warn other Site users or the Filanthropists.com™ community of conduct that it believes may violate these Terms and Conditions.
THE SITE IS PRESENTED "AS IS" AND "AS AVAILABLE" AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. FILANTHROPISTS.COM™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THESE TERMS AND CONDITIONS, THE SITE, RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY INFORMATION, FEATURES, FUNCTIONALITY, CONTENT, PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITE OR YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FILANTHROPISTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OFFERED OR OBTAINED VIA THE SITE. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FILANTHROPISTS.COM SHALL CREATE ANY WARRANTY.
SOME STATE LAWS DO NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES AND, IF SUCH LAWS ARE APPLICABLE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
17. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FILANTHROPISTS.COM™ NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS TO OR FROM THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN SITE CONTENT; (g) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THIS SITE; (h) ANY THIRD PARTY CONTENT LINKED TO OR POSTED ON OR THROUGH THE SITE INCLUDING ANY USER CONTENT; (i) THE ACTS OR OMISSIONS OF OR INTERACTIONS BETWEEN USERS OF SITE (INCLUDING BUT NOT LIMITED TO MERCHANTS AND BUYERS); (j) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE (INCLUDING FOR ANY PERSONAL INJURY OR DEATH RESULTING FROM USE OF THE SITE); (k) FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); AND (l) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FILANTHROPISTS.COM™ NOR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
TO THIE FULLEST EXTENT PERMITTED BY LAW, THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD FILANTHROPISTS.COM™, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, ACTION, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH ANY USER CONTENT YOU PROVIDE, ANY TAXES OWED OR TO BE COLLECTED BY YOU ARISING OUT OF ANY TRANSACTION, ANY THIRD PARTY CONTENT YOU LINK TO, POST OR SHARE ON OR THROUGH THE SITE, YOUR USE OF THE SITE, YOUR CONDUCT IN CONNECTION WITH THE SITE OR WITH OTHER USERS OF THE SITE, OR ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. FILANTHROPISTS.COM™ RESERVES THE RIGHT TO ASSUME, AT ITS SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR COMPROMISE OR SETTLEMENT, AND YOU AGREE TO FULLY COOPERATE WITH FILANTHROPISTS.COM™ IN THE DEFENSE OF ANY SUCH CLAIM, ACTION SETTLEMENT OR COMPROMISE NEGOTIATIONS.
Merchants and Buyers agree and acknowledge that they are responsible for all applicable taxes related to the Transactions. Filanthropists.com™ does not remit sales tax on behalf of Merchants.
20. Choice of Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law provisions.
21. Resolution of Disputes Between You and Filanthropists.com™
Any claim, dispute or controversy arising out of or in connection with or relating to these Terms and Conditions or the breach or alleged breach thereof or your use of the Site ("Dispute") shall be submitted by the parties to confidential arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where applicable, the Consumer Due Process supplement in Bergen County, New Jersey, United States of America using the English language and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or to the extent that we otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitration award shall be binding and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
22. Third Party Disputes and Release
Any disputes between you and another party (including without limitation, Merchants, Buyers, service providers or other Users) must be resolved with such other party. You may contact Filanthropists.com™ in the event that you have such a dispute, but Filanthropists.com™ has no obligation to resolve such disputes or to take any actions relating to such disputes. Filanthropists.com™ may, in its sole discretion, try to help resolve such disputes. Filanthropists.com™ takes on no responsibility with respect to any such dispute by attempting to be of assistance.
IN CONNECTION WITH ANY DISPUTE BETWEEN YOU AND ANOTHER PARTY, YOU AGREE TO RELEASE FILANTHROPISTS.COM, ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
23. Changes to Service
Filanthropists.com™ reserves the right to modify or terminate the Filanthropists.com™ service for any reason, without notice, at any time.
24. Changes to Terms and Conditions
Filanthropists.com™ reserves the right, in our sole discretion, to modify these Terms and Conditions from time to time so please review them frequently. Your continued use of the Site constitutes your acceptance of any modifications to these Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
25. No Agency
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
26. Consent to Electronic Notices
YOU CONSENT TO RECEIVE ANY AGREEMENTS, NOTICES TO WHICH THESE TERMS AND CONDITIONS REFER ELECTRONICALLY INCLUDING WITHOUT LIMITATION BY E-MAIL OR BY POSTING NOTICES ON THIS SITE. YOU AGREE THAT ALL NOTICES PROVIDED ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
You may withdraw your consent to receive Notices electronically via email to email@example.com. In such event, you must discontinue your use of the Site and all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 8 hereof, shall automatically terminate.
27. Personal Use
The Products made available on the Site from Merchants are for personal use only. You may not sell or resell any of the products or services, or samples thereof that you receive from Merchants. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
If any provision of these Terms and Conditions is held unenforceable or invalid under any applicable law, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision and all remaining provisions of these Terms and Conditions shall remain in full force and effect.
The failure of Filanthropists.com™ to exercise or enforce any right or provision of these Terms and Conditions shall not affect our right to do so at any time thereafter and shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Filanthropists.com™.
30. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Filanthropists.com with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.