This EULA was last modified on 06/11/2014.
Shop for your Cause reserves the right to update and modify, from time to time, this Software License and all documents incorporated by reference. Shop for your Cause may modify this Software License by posting a new version on our site. Your continued use of the SFYC Software after posting any changes constitutes your acceptance of such changes, so please check for updates frequently.
The SFYC Software, which for purposes of this Software License, includes all updates, new versions and other revisions made available to you, is licensed to you on a worldwide (except as limited in this Software License), non-exclusive, non-sublicenseable basis, on the terms and conditions set forth herein. You may only use the SFYC Software for non-commercial purposes. This means that you may use it at work or at home, but unless you first obtain Shop for your Cause LLC‚Äôs written permission, you may not sell, rent, lease, sublicense, publish, assign or otherwise transfer or commercially exploit the SFYC Software. You may not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code for the SFYC Software. You also may not delete, alter or remove any copyright, trademark, or other proprietary rights notices that appear in or may be accessed in conjunction with the SFYC Software. Lastly, you may not modify the SFYC Software nor create any derivative work of the SFYC Software without Shop for your Cause LLC‚Äôs prior written permission.
All rights not expressly granted to you are reserved by Shop for your Cause LLC.
Your license to the SFYC Software under this Software License continues until it is terminated by you or by us. You may terminate the Software License by discontinuing use of the SFYC Software and by destroying all your copies of the SFYC Software. This Software License terminates automatically if you violate any provision of this Software License or the Terms of Service. We may terminate this Software License, disable the SFYC Software or cease providing any service at any time.
By installing the SFYC Software, you understand and agree that when you visit a participating Merchant's website, the SFYC Software may click through a marketing link in the background, or provide you a link to click on with or without an accompanying coupon code. These links inform the Merchant that you are shopping through shopforyourcause.com, allowing a portion of your purchase to be returned to your chosen Cause (if no cause is selected then a cause chosen by Shop for your Cause LLC) as a cause marketing donation. The links do not transmit any personally identifiable information or affect your shopping experience in any way, but they do transmit a unique identifier that if you have registered will allow Shopforyourcause.com to associate your donation-generating activity with your registration for the purpose of reporting and marketing. When a background link is being clicked by the SFYC Software , a small icon, text message, bar, icon or some other type of image will generally appear above, next to or below the web page you are visiting or within the application thanking you for supporting your Cause. In some instances the software may request or require that you click on a link to enable the donation to your cause. In such cases, your purchase will only be eligible for a donation if you click OK, Continue, Earn Donation, or some similar designation, depending on the version of SFYC Software you are using and the language requested by the merchant partner.
In addition the SFYC Software may now or in the future contain additional functionality. If you would like to disable any functionality contained in the SFYC Software, you may do so within the SFYC Software application settings or you may uninstall the SFYC Software. Additional functionality may include:
The SFYC Software may show you advertising units while you are browsing the Internet (in the form of an overlay, slider, drop down or other ad unit) or while you are using other software. Such ad units will be clearly labeled so that you can determine they are being generated by the SFYC Software, rather than the web site you are visiting or another source. In addition, the SFYC Software may enhance certain web sites you visit by displaying frames, overlays or other enhancements within or alongside the web site being visited. Any such enhancements will also be clearly labeled so that you can determine that they are being generated by the SFYC Software at your request.
The SFYC Software may facilitate the setting of anonymous third-party online behavioral advertising (OBA) cookies on your computer which are then used by advertisers to show you relevant advertising based on your search and/or surfing behavior. Such ads may appear within the SFYC Software as well as on the shopforyourcause.com Site and other websites you are visiting.
The SFYC Software may subscribe you to relevant content and sponsored RSS feeds which will show up within your default RSS reader application (in many cases this application will also be your email reading application). You may unsubscribe from these RSS feed messages using your email application. We may also enable our application to unsubscribe you from the RSS feeds.
The SFYC Software may allow you to engage with advertising or sponsor content where higher levels of engagement result in additional advertiser fees collected from Sponsors and shared with your designated Cause.
The SFYC Software creates research reports based on the aggregate anonoymized activity of users of the SFYC Software (including you) as well as shopforyourcause.com. Reports may be for internal use or may be sold in order to generate additional revenue for the all Causes, including your selected Cause. Shop for your Cause, will use commercially reasonable efforts to distribute revenues from research reports on a pro-rata basis based on the value of the research generated by you and those supporting each cause.
The SFYC Software may display sponsored messages, ads or links based on your current site visitation or previous site visitation behavior including previous search behavior on search engines. Depending on the agreement we have with the Sponsor, viewing or interacting with the Sponsor ads may generate donation revenue for your chosen Cause.
You acknowledge and agree that the SFYC Software is licensed to you and not sold. You further acknowledge that Shop for your Cause LLC and its licensors own all right, title, and interest, including intellectual property rights in and to the SFYC Software, and all documentation, services and materials provided to you by shopforyourcause.com in conjunction with the SFYC Software. For purposes of this Software License, "intellectual property rights" means rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
Additional Obligations; Age Limitation
The SFYC Software and related products and services are not available to individuals below the age of 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO INSTALL THE SFYC SOFTWARE, AND YOU MUST CANCEL THIS INSTALLATION IMMEDIATELY. By accepting this installation, you are representing and warranting that you are not a minor below the age of 13. You further represent and warrant that you are either the owner or an authorized user of the computer where the SFYC Software is installed. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, and regulations with respect to your use of the SFYC Software and related services. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the SFYC Software or any related services, except to remove the SFYC Software from a computer of which you are an owner or authorized user. We reserve the right to investigate occurrences which may involve such violations, and to cooperate with law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other technologies that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
Disclaimer of Warranties
THE SFYC SOFTWARE AND ANY SHOPFORYOURCAUSE.COM CONTENT ACCESSED THROUGH THE SFYC SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, SHOP FOR YOUR CAUSE LLC DOES NOT REPRESENT THAT THE SFYC SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO, OR YOUR USE OR OPERATION OF, THE SFYC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SFYC SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF SFYC SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER SHOP FOR YOUR CAUSE LLC, ITS AFFILIATES, OR LICENSORS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS SOFTWARE LICENSE OR YOUR ACCESS TO, USE AND OPERATION OF THE SFYC SOFTWARE, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SHOP FOR YOUR CAUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Updates and Support
You understand that we may update the SFYC Software at any time, but that we are under no obligation to do so. If we do update the SFYC Software, such updates will be deemed part of the SFYC Software and will be governed by the terms of this Software License (as may be modified from time to time as described above). The provision of any such updates will not impose an obligation on SFYC to furnish any additional updates. As the SFYC Software is provided free of charge, we are not under any obligation to provide you with any sort of technical support. However, any technical support we do offer will be in accordance with our standard support policies and may be terminated at any time at our sole discretion.
You acknowledge and agree that by checking the "I ACCEPT" box or such similar box or link as may be designated to install the SFYC Software, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Software License. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SFYC SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, by other than electronic means.
Third Party Software
If the SFYC Software is bundled with or otherwise provided with any third party software and you choose to download, install and/or use such third party software, then your use will be governed by the third party license agreement provided with such software. You agree that Shop for your Cause LLC is not responsible for any third party software or any content, links or materials accessible through any third party software, and that Shop for your Cause LLC shall have no liability for your use of any such third party software or related content, links or materials.
You agree to defend, indemnify and hold Shop for your Cause LLC, its affiliates and licensors, and their respective officers, directors, employees, agents and representatives harmless from and against any liabilities, losses, expenses, costs or damages (including reasonable attorneys' fees, experts' fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon your breach of any provision of this Software License. Shop for your Cause LLC may, if it so chooses, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect shopforyourcause.com's rights or obligations shall be made without Shop for your Cause LLC‚Äôs prior written approval. Shop for your Cause LLC reserves the right, at its own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer of the SFYC Software to a prohibited country or otherwise in violation of any such restrictions or regulations.
Governing Law; Consent to Jurisdiction; Jury Trial Waiver
If you have any questions or concerns about this Software License, please contact us.
Shop for your Cause | 480 S Third Street | Columbus, OH 43215