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ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, USER AGREES THAT DISPUTES BETWEEN USER AND SHOPPINGGIVES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
ShoppingGives developed a software-as-a-service platform that supports the giving economy by enabling Users to shop in a marketplace of Retailers or shop on a Retailers website and donate to an Organization, fundraise for an Organization and/or track purchases with Retailers (collectively, the “Intended Purpose”). Non-for-profit organizations (“Organization(s)”) located in one of the 50 U.S. States or the District of Columbia that are in good standing with the Internal Revenue Services (“IRS”) as a 501(c)3 and meet ShoppingGives eligibility criteria, which may change from time to time in its sole and absolute discretion, named administrators within the Organization (“Organization Admin(s)”) that may be individuals or entities, fundraisers within the Organization (“Team Member(s)”), individual donors (“Supporter(s)”), Retailers (“Retailer(s)”) and named Retail administrators (“Retail Admin(s)”) agree to only use ShoppingGives for legal purposes that conform with the Intended Purpose and in accordance with the terms and conditions set forth herein. Organizations, Organization Admins, Team Members, Supporters, Retailers and Retailer Admins shall collectively be referred to herein as the “User(s)”. The Organization Admins will have the ability to manage its Organization’s profile, invite Team Members, designate Organization Admins and transfer monies received for donations to designated accounts. The Organization Admins will send the applicable Team Members an invitation to access Organization’s Portal, and in such event the Team Member shall assist in marketing and promoting the Organization to increase donations and will have the ability to access marketing content associated with the Organization and reporting related to performance. Retailers are the retail organizations that allow Supporters to make a donation to an Organization when purchasing goods and/or products from such Retailer. The Retailer may elect to designate a Retailer Admin and in such event the Retailer Admin will have the ability to access applicable reports and manage billing. The Services are an administrative platform only, and ShoppingGives is not a broker, agent, financial institution, creditor or nonprofit corporation. ShoppingGives does not guarantee the quantity and/or amount of any donations and/or any outcome related thereto. Users will comply with all applicable laws, rules and/or regulations when accessing and/or using the Services.
4. Use of the Services
Access to Services. ShoppingGives retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or User’s Account may be unavailable from time to time. User understands and agrees that there may be interruptions to the Services and/or access to User’s Account due to circumstances within ShoppingGives’ control (e.g., routine maintenance) and outside of ShoppingGives’ control. User acknowledges and agrees that the use of the Services is at User’s own risk, including without limitation the risk that User might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by ShoppingGives in its sole and absolute discretion and without notice and/or liability and User acknowledges and agrees that it is aware of this and any risks related thereto.
Termination of Account. If we terminate an Account, such party may not subscribe under a new account unless formally invited by ShoppingGives. If any party commits fraud and/or falsifies information in connection with a User’s use of the Services, such Account will be terminated immediately and we reserve the right to hold the applicable User liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify such party’s ‘Internet Service Provider’ of any fraudulent activity we associate with the applicable User and/or its access to and/or use of the Services.
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online Users get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). ShoppingGives does not knowingly collect or solicit information from children under the age of thirteen (13). To access and/or use the Services, Users must be at least thirteen (13) years of age or older and no person under the age of thirteen (13) should use the Services. Users must be at least eighteen (18) years of age or older and no person under the age of eighteen (18) should be a User or otherwise receive payment. Use of the Services as a User shall be deemed to be a representation that the User is 18 years of age or older. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at email@example.com if you think a child has provided us with personal information.
Communications from ShoppingGives. When accessing and/or using the Services, Users are communicating with us and/or other users of the Services electronically, and consent to receive communications from us and/or the other users electronically. We will communicate with Users by e-mail and/or by posting notices on the Services. In the event a User cancels its Account or relationship with ShoppingGives, the User may continue to receive promotional electronic communications from ShoppingGives unless User elects to opt-out of receiving those communications and notifies us of the same. User acknowledges and agrees that all agreements, notices, disclosures and/or other communications that we provide to User electronically satisfy any legal requirement that such communications be in writing.
- Change Commerce
Retailer Charges and Payment Terms. Commencing on the Effective Date and on a monthly basis thereafter, Retailer shall be charged a predetermined service fee and based on the transactions processed through its Account. Retailer will be charged initially upon the first to occur of (i) receipt of Fifty Dollars (US$50.00) of accrued donations from such Retailer or (ii) (30) days after the Effective Date (“Initial Payment Trigger”). After the Initial Payment Trigger and thereafter, Retailer will be charged each time upon the earlier to occur of (a) receipt of Fifty Dollars (US$50.00) of accrued donations from such Retailer or (b) (30) days after the occurrence of the immediately subsequent payment trigger. Following receipt of information from the Retailer, ShoppingGives will reconcile all returns and/or incorrect transactions within thirty (30) days from an initial order date, or other timeframe mutually agreed to by ShoppingGives and the Retailer, and any credits due and owing to Retailer’s Account shall be reconciled on the subsequent invoice.
- ShoppingGives Foundation and PPGF
ShoppingGives maintains a commercial co-venture agreement by working directly with the ShoppingGives Foundation (“ShoppingGives Foundation”), an independent non-profit registered in Illinois. ShoppingGives Foundation overseas the disbursement of funds to eligible nonprofits. ShoppingGives Foundation makes every effort to comply with User recommendations and to grant the funds to the beneficiary designated by each User. However, to comply with federal tax laws and IRS regulations, ShoppingGives Foundation is required to retain legal control over any charitable contributions it receives, and must retain the exclusive authority and discretion to grant the funds to other charitable organizations as it sees fit. Please note that ShoppingGives Foundation does not make grants to private foundations or supporting organizations. While unlikely, it is possible that a User may designate a charity that does not satisfy ShoppingGives Foundation’s criteria. User therefore acknowledges and agrees that, if ShoppingGives Foundation determines, in its sole and absolute discretion, that it would be inappropriate or improper to grant the funds designated for a particular charity because, for example, the charity is no longer accepting donations, is no longer recognized as a public charity, or is no longer in good standing with state or federal regulators, ShoppingGives Foundation may, in its sole and absolute discretion, ask the User to recommend an alternate charity to receive the donation, or grant the donation to another charity working in the same cause area (as determined by ShoppingGives Foundation), with or without notice to the User. It is the practice of ShoppingGives Foundation to deliver granted funds to any designated Organization on no less than a semi-annual basis.
ShoppingGives and the ShoppingGives Foundation has partnered with PayPal Giving Fund (“PPGF”), a United States 501(c)(3) charity that raises new funds for charities through technology. PPGF (Federal Tax ID 45-0931286) certifies charities that participate in the ShoppingGives and/or ShoppingGives Foundation program; receives donations from ShoppingGives and/or ShoppingGives Foundation and grants one hundred percent (100%) of those funds to benefiting charities. Donations for charity campaigns are processed via ShoppingGives and/or ShoppingGives Foundation and sent to PPGF, which receives the donations and grants the funds to the recommended designated charities in accordance with PPGF policies, which terms and/or policies shall be incorporated herein by reference.
Each donation made to PPGF shall be given to charities in the form of grants to further charitable and educational purposes. When Users make a donation to PPGF, Users may recommend that PPGF make a corresponding grant to a charity in the amount of User’s donation. PPGF will direct funds to the chosen charity and will only redirect funds from ShoppingGives and/or ShoppingGives Foundation if PPGF is unable to make the grant according to its Donation Delivery Policy, which terms are incorporated herein by reference. Like all donor advised funds, PPGF retains ultimate discretion and control over the use of the donations it receives from ShoppingGives and/or ShoppingGives Foundation. PPGF shall retain exclusive legal control over all donations and may reassign funds to a similar qualifying charitable organization if it is unable to follow User’s recommendation. PPGF will provide Users with a donation receipt, and Users will disregard any additional tax receipt received from a benefiting charity as a result of PPGF’s grant.
PPGF grants donated funds to charities enrolled with PPGF on a monthly basis on or around the 25th day of each month (typically 15-45 days after PPGF’s receipt of funds). In certain circumstances Users may have the option to recommend that PPGF grant funds they donate to charities that have not yet enrolled with PPGF. PPGF makes attempts to grant donations made to benefit charities that have not enrolled after making reasonable attempts to contact them and invite their enrollment in PPGF. If a charity does not enroll with PPGF and/or PPGF is unable to deliver the grant funds to such charity, PPGF may, in its sole discretion, remove the charity from the directory and reassign the funds.
- Organization Database
ShoppingGives utilizes an organization database (“Organization Database”). The data contained is provided by public sources or by a representative of the Organization itself. Data is updated on a monthly basis. If information is incorrect or if an Organization would like to contact us to update the information found in the Organization Database please contact firstname.lastname@example.org. Supporters are able to select an Organization that has not registered for an Account, as long as the Organization meets ShoppingGives eligibility criteria, which may be modified from time to time in ShoppingGives’ sole and absolute discretion. If an Organization has not registered, but has Cash Back Donations that were allocated to an unregistered Organization by a Supporter, ShoppingGives will attempt to contact the unregistered Organization with instructions on how to register, using the public contact information the Organization has filed with the IRS. Please note that donations that have been allocated to an unregistered charity from Users that made their first supporting purchase more than four (4) full calendar quarters ago will be reallocated to other registered Organizations, as determined by ShoppingGives in its sole and absolute discretion, if the chosen charity remains unregistered at the end of the fourth (4th) calendar quarter following the Supporter’s donation.
- General Payment Terms
Payment Method. Upon creating an Account, the User shall be required to designate a payment method (“Payment Method”). Supporters that elect not to set up an Account and desire to make a donation will be prompted to provide an applicable Payment Method to finalize the transaction. Such Account holder authorizes ShoppingGives to automatically charge the Payment Method for the fees in advance or as otherwise agreed to by the parties in writing. If the Payment Method on file is closed or the Account information is changed, or if, for any reason, a charge is rejected by the Payment Method, the User shall immediately update the Payment Method or supply a new Payment Method, as appropriate. If the User does not notify us of updates to the Payment Method, to avoid interruption of the Services, we may participate in programs supported by the card provider, bank or other third parties to try to update the payment information. The User authorizes us to continue billing the Account with the updated information that we obtain. If the User is unable to update its Payment Method with appropriate information, then ShoppingGives will send and/or email an invoice to the User detailing the amount due and such invoice shall be due and payable within seven (7) days after the date of the invoice, or the User Account will be considered past due and ShoppingGives may suspend and/or terminate the Account, without liability, and seek all available remedies at law and in equity.
We may use a third-party payment processor to process payments. Your credit card information or other payment method will be processed and stored by such third-party payment processor. You expressly understand and agree that the use of such platform is governed by the third-party’s terms and conditions and ShoppingGives shall have no liability related thereto.
Reporting. ShoppingGives will provide Retailers an aggregated non-profit performance report which shall be accessible through the Retailer’s Account, which will include activity under Retailer’s Account such as transactions, order value, donation amounts, Organizations related to the donations.
- Prohibited Use
Any use of the Services and/or information provided by ShoppingGives other than as specifically authorized herein, without ShoppingGives’ prior written consent, is strictly prohibited. Without limiting the foregoing, User is responsible for User’s actions (and the action of any person User permits access to the Services) while accessing or using the Services, and User shall not use the Services in any manner that violates applicable law, contract, intellectual property or other third-party rights. Users shall not (and User shall not permit any other person to):
- restrict or interfere with another User’s ability to use or enjoy the Services;
- overburden ShoppingGives’ infrastructure in any manner and/or otherwise damage and/or impair the functionality of the Services;
- gather email addresses through harvesting or automated means;
- posting or transmitting unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other Users;
- attempt to access any portion of the Services that is not public and/or override any security measures that are in place;
- introduce any virus, ‘Trojan Horse’, worm or other similarly harmful programming routines or automated systems, including, ‘robots’ or ‘botnets’, that flood the system with information at an unreasonable rate;
- impersonate any other person or entity and/or use any misleading and/or false information or statements for any purpose, including but not limited to, gaining access to another User’s account;
- provide content that is harmful, offensive, inaccurate, abusive or otherwise inappropriate language including without limitation, bigotry, racism, discrimination, hatred or profanity;
- sell, resell, copy, reproduce, redistribute or display publicly the Services or content on the Services other than expressly permitted by ShoppingGives;
- modify content on the Services in any way, such as the removal of any proprietary rights notices or markings; and/or
- create a link to the Services from another website or document without prior written consent.
Furthermore, ShoppingGives grants User the rights set forth herein, subject to the following conditions:
- User hereby represents and warrants to ShoppingGives that (a) all information provided to ShoppingGives by User is true, complete and accurate in all respects, and (b) User is authorized to submit information to ShoppingGives;
- ShoppingGives is authorized by User to rely upon the truthfulness, completeness and accuracy of User Content in order to serve its consumers;
- User shall not decompile, modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
- User may not access all or any part of the Services in order to build a product or service which competes with the Services;
- User shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;
- User shall not access any content on the Services via automated means including without limitation crawling, scraping and/or caching.
- User agrees not to intentionally hold ShoppingGives and/or their employees and/or directors up to public scorn, ridicule or defamation;
- User will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and notify ShoppingGives promptly of any such unauthorized access and/or use;
- User will not attempt to do any of the following: access data not intended for User, monitor the Services for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, and/or interfere with the Services in relation to any user in any manner; and/or
- User shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
Ownership. The Services, its content (including without limitation ‘Change Commerce’), are copyrighted by ShoppingGives, all rights reserved. Any redistribution or reproduction of part or all of the contents of the Services, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, ShoppingGives and/or its licensors are the sole owner of: (i) the Services and information provided by ShoppingGives; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Services; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. Subject to the limited rights expressly granted hereunder, ShoppingGives and/or its third party licensors reserve all right, title and interest in and to the Services and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to User hereunder other than as expressly set forth herein.
Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Services. By posting User Content, it is possible for a third party to re-post such User Content. User agrees to indemnify, defend and hold ShoppingGives harmless for any disputes and/or claims concerning the foregoing use. Notwithstanding anything herein to the contrary, ShoppingGives does not endorse any User Content in any way. User acknowledges and agrees that User has no expectation of privacy with regard to any User Content. If User becomes aware of misuse of the Services by any person, please contact us at email@example.com. ShoppingGives may reject, refuse to post and/or delete User Content, in its sole and absolute discretion, without liability. Notwithstanding anything herein to the contrary, ShoppingGives is not obligated to take any action not required by law.
Verification. ShoppingGives does not itself verify the qualifications of Users or other third parties, nor does it evaluate or control in any ongoing manner exchanges between Users. Any opinions or statements expressed by a User are of those of the User alone, and are not to be attributed to ShoppingGives. ShoppingGives cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any User. Please use caution, common sense, and practice safe trading. ShoppingGives is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any third party’s products and/or services.
Feedback. If User chooses to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to ShoppingGives, such Feedback is non-confidential and will become the sole property of ShoppingGives. ShoppingGives will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and User acknowledges ShoppingGives will give no credit or compensation to User and User has no rights to the same. ShoppingGives has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
- Third Party Content, Linked Sites, Third Party Products
Third Party Content. ShoppingGives may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Services (“Third Party Content“). The third party from whom or which any such Third Party Content originates is solely responsible for it and ShoppingGives assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, ShoppingGives does not control or endorse such Third Party Content and has no liability of any kind to User or any third party for any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, not necessarily those of ShoppingGives.
- Errors, Inaccuracies and Omissions
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged).
- Copyright Complaints
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by User and/or other third parties and remove and discontinue service to repeat offenders. Should User believe anything on the Services infringes on any copyright that User owns or the copyright of others, User may notify the copyright agent (“Copyright Agent”) at ShoppingGives, Attn: Copyright Agent, 212 W. Van Buren Street, STE. 201 Chicago, Illinois 60605. We will respond to clear notices of copyright infringement when User provides the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the Services; (iv) information reasonably sufficient to permit contact (e.g., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if User believes that such User’s work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- Limitation of Liability
SHOPPINGGIVES’ MAXIMUM AGGREGATE LIABILITY TO USER FOR DIRECT DAMAGES THAT USER SUFFERS IN CONNECTION WITH THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY USER TO SHOPPINGGIVES IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (ii) FIFTY DOLLARS (US$50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO USER IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, SHOPPINGGIVES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
USER HEREBY AGREES TO RELEASE SHOPPINGGIVES, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS“), ARISING OUT OF OR IN ANY WAY CONNECTED WITH USER’S USE OF THE SERVICES OR SHOPPINGGIVES INFORMATION. If User is a California resident, User hereby waives California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
- Separate Agreements & Conflict
- Dispute Resolution
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if User opts out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association, and shall be administered by the Judicial Arbitration and Mediation Service (“JAMS”) under its rules. JAMS’ rules are available at https://www.jamsadr.com or by calling 1.800.352.5267. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. User and ShoppingGives must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
Exceptions to Agreement to Arbitrate. Either User and/or ShoppingGives may assert claims, if they qualify, in small claims court in Cook County, Illinois. ShoppingGives may bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of ShoppingGives’ confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Waiver. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, SHOPPINGGIVES AND USER ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
- California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ShoppingGives must be sent to our agent for notice to firstname.lastname@example.org.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Governing Law & Venue