Terms of Service
These Terms of Service (the “Terms”) govern your use of FundraisingForACause.com and its affiliated websites, social media accounts, newsletters, and other publications (collectively, the “Site”) and your contractual relationship with its owners, Your Wholesale Source, Inc. and Fundraising For A Cause, Inc. (collectively “us,” “Company,” “we,” or “Fundraising For A Cause”). The term “you” refers to any user or viewer of our Site.
THE CONTENT FOUND WITHIN THE SITE IS PROVIDED BY USERS AND DOES NOT IMPLY ANY AFFILIATION, ENDORSEMENT, OR SPONSORSHIP BETWEEN THE COMPANY AND ANY OTHER PERSON, ENTITY, OR ORGANIZATION.
Use of the Site
(a) By accessing the Site in any way, you represent that (i) you are at least eighteen years of age (ii) all information you submit to the Site, including registration information, is complete, accurate and truthful, and (iii) you will maintain the accuracy of such information. You will not register for, access, or use our products or this Site in any way if prohibited by law in your jurisdiction.
(b) In addition to other terms described herein, you agree not to use the Site or any of the products purchased through the Site (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, or state regulations, rules, laws, or ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, scrape, index, pretext, or spider the Site; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
(c) We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. In addition, we reserve the right to modify or terminate any services or products offered by the Site at any time.
(a) You may be required to create an Account (the “Account”) in order to use certain features of the Site or make purchases. To create an Account, you will need to provide a unique username and password and personal information. You agree to keep your username and password confidential at all times. You agree to indemnify, defend, and hold harmless the Company, its parent, owners, shareholders, directors, officers, employees, subsidiaries, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns (collectively, “Affiliates”) for any use of your Account, whether authorized or unauthorized.
(b) By creating an Account, you may agree to receive both administrative and promotional emails from the Site. You may unsubscribe from these e-mails by following the “unsubscribe” link in any email.
(a) “Fundraising For A Cause” and other Marks (as defined below) used in connection with the Site are owned by the Company or its licensors. All content on this website, including, without limitation, the text, graphics, website design, icons, and images, is the property of the Company. The Company hereby grants you a limited, revocable license to make personal use of this Site for its intended purposes. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of the Company is strictly prohibited.
(a) You agree not to resell any products of any kind purchased through the Site (“Products”) through any third-party website, including (without limitation) Amazon, Etsy, eBay or Google Express. You may distribute or resell Products solely through your own website or through in-person means.
(a) You may purchase Products through our Site subject to the terms herein and any additional terms listed on the Site. These Products may have limited quantities and are subject to return or exchange only according to our policy described in Section 8 of these Terms.
(b) We endeavor to make the descriptions and photos of Products as accurate as possible but do not guarantee that every description is accurate. The color of some Products may vary slightly from photos on the Site. We may modify product descriptions at any time.
(c) All pricing and availability are subject to change at any time.
(d) We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(e) If you make a purchase online with a credit card or other payment method, you hereby authorize us to charge your credit card or other payment method supplied by you for the pricing displayed on the Site when you make a Purchase.
(f) We may accept purchase orders. If credit terms are extended to you, you hereby grant a security interest in the Products you purchase and all proceeds from the sale or disposition of such Products and appoint us as your attorney-in-fact to execute on your behalf any Uniform Commercial Code financing statements we deem reasonably necessary to perfect our security interest. We may, in our sole discretion, accept payment by check. You agree to pay $40.00 per check on all returned or insufficient funds checks.
Acceptance and Delivery
(a) Under no circumstance will we be responsible for any delay in our performance for reasons beyond our control or beyond the control of our suppliers.
(b) The parties agree that, unless otherwise agreed to in writing and signed by both parties, production, shipping, and delivery dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us in Tampa, Florida and any contract for the sale of goods by us is formed and performed in Florida. Our acceptance of any order from you is expressly conditional upon your assent to the terms and conditions set forth herein and we expressly limit our acceptance of your order to such terms and conditions and any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected.
(c) Within 180 days of any order, we will (i) ship Products you have ordered (notwithstanding any estimated shipping or delivery dates) or cancel the order for such Products. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
(a) We will, at our election, either repair, replace, or refund the purchase price (not including shipping and handling charges and restocking fees) for any non-customized Product which is found to be defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof.
(b) Any refund for merchandise shall not include shipping and handling. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight or shipping costs.
(c) Customized products may not be returned and no refunds or credits of any kind will be offered for customized products.
(a) Each shipment of Products shall be treated as a separate transaction. In the event of any breach of these Terms by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount we offer to you will offset any amounts otherwise owed by us.
Personalized and Custom Products
(a) Some Products may be customized through our Site or by contacting us. We require a non-refundable deposit of 50% of the purchase price for all customized Products. The deposit will be used to compensate us for design and production costs and is non-refundable.
(b) You agree that any intellectual property of any kind (including, without limitation, trademarks, service marks, trade names, logos, messages or business symbols (collectively, “Marks”) that you submit to the Site for use on a Product are either (i) owned by you or (ii) licensed to you with the right to sublicense it to us for use on Products.
(c) You hereby grant to us the non-exclusive right and license to use such Marks on the Products and to cause the Products to be produced with the Marks. You further consent to our use of the Products containing the Marks for promotional purposes, including (without limitation) use of photographs of the Products with the Marks on the Site.
(d) Without limiting any other indemnification right contained herein, you agree to indemnify, defend, and hold harmless the Company from and against any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees and costs) arising out of, or in connection with, your use of the Marks or our printing of the Marks on Products as you have requested. We reserve the right to reject or rescind any order for personalized product in our sole discretion
Limitation of Warranties and Damages
(a) EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE IN ADVANCE. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE BY YOU WILL NOT EXCEED THE TOTAL AGGREGATE SUM PAID BY YOU TO THE COMPANY FOR PRODUCTS PURCHASED.
(c) THIS SITE AND ALL OF THE COMPANY'S PRODUCTS ARE PROVIDED “AS IS,” AND "AS AVAILABLE." YOU AGREE TO USE THE PRODUCTS SOLELY AT YOUR OWN RISK.
(a) WHEN YOU PROVIDE US WITH YOUR EMAIL ADDRESS OR TELEPHONE NUMBER, SEND US EMAILS OR VISIT OUR WEBSITE OR SOCIAL MEDIA CHANNELS, YOU ARE COMMUNICATING WITH US ELECTRONICALLY AND CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY. WE MAY COMMUNICATE WITH YOU BY TELEPHONE, EMAIL, TEXT, FACSIMILE, SOCIAL MEDIA OR BY POSTING NOTICES ON OUR WEBSITE. YOU EXPRESSLY CONSENT TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZE US TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS YOU PROVIDE, AND YOU HEREBY WAIVE ANY CLAIMS BASED ON SUCH COMMUNICATIONS. YOU AGREE THAT ALL NOTICES, DISCLOSURES, AGREEMENTS OR OTHER COMMUNICATIONS WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
(a) If you purchase Products for export from the United States, you are solely responsible for, and will comply with, all applicable laws, rules, regulations, and treaties of the United States and the jurisdiction of the destination of the Products. You agree to be solely responsible for obtaining and complying with all certifications, declarations, accreditations, registrations, tests, licenses, permits, inspections, or similar requirements of any jurisdiction of the destination of the merchandise and shall bear all costs and expenses related thereto.
(b) Under no circumstance shall the Company be liable for any costs, expenses, taxes, tariffs, of other costs associated with the export or import of any Products.
(c) We will not be responsible for your inability to import or export any Products and make no representations or warranties as to the suitability of any Product for import or export.
(a) When you transmit any information, content, materials or data to or through the Site (collectively, “User Content”), you hereby grant us and our Affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media, as necessary (a) to provide, maintain and improve the Site; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. User Content may include, without limitation, comments, posts, reviews, and other submissions that you make through the Site.
(b) You represent and warrant that you own or have obtained all necessary rights, permissions and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms does not violate or infringe upon the rights of any person or entity.
(c) We may remove or modify User Content at any time and for any reason.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Tampa, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Fundraising For A Cause’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
(a) We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an 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 above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
(b) Claims of copyright infringement on our site can be reached with the contact information below:
Fundraising For A Cause, Inc.
6203 John’s Rd, Suite 3
Tampa, FL 33634
phone: (800) 519-2814
fax: (813) 928-4504
By submitting a copyright infringement notice, you acknowledge and agree that we may forward your copyright infringement notice and any related communications to any users who posted the material identified in such notice.
(c) Counter-Notification Process. If you believe that your Content, or Content for which you have the authorization from the copyright owner or the copyright owner’s agent, has been removed due to a copyright infringement notice we received in error, you may send us a counter-notification directed to the Copyright Agent listed above. Your counter-notification must be in writing and include the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared before it was removed or disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number and a statement that you consent to the jurisdiction of the District Court for the Middle District of Florida, and agree to accept service of process from the person who submitted the original copyright infringement notice that resulted in your user Content being removed (or an agent of such person) in the event he or she elects to file suit.
By submitting a counter-notification, you acknowledge and agree that we may forward your counter-notification and any related communications to the person who submitted the original copyright infringement notice that resulted in the removal of your user Content or to other third parties.
(a) We reserve the right to modify these Terms at any time. Upon modification, we will email our registered users and post a notice on the Site for a reasonable period of time. Your continued use of the Site will operate as your consent to the modified Terms.
(b) These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us.
(c) No delay or failure to enforce these Terms shall operate as a waiver.
(d) These Terms shall be governed and construed in accordance with the laws of the State of Florida. Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the state or federal courts located in Hillsborough County, Florida.