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.
(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
e-mail: [email protected]
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.