In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications by following the link at the bottom of the communication. We will communicate with you electronically, that is, by e-mail, SMS text messaging, or by posting notices or taking electronic action on this Site. You agree that all agreements, terms, notices, disclosures, electronic actions, and any other communication that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
If you use the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. FanFund does offer services and products that benefit and support children, however it offers these services only to adults who can donate or purchase with a credit card. If you are under 18, you may access and use this Site only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. FanFund and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Limited License for Hyperlink to Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the FanFund web site so long as the link does not portray (in FanFund's sole determination) FanFund, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FanFund logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current services, products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Campaign Content, Printed Matter, or other submission. FanFund reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content. By using this service or purchasing product, you affirm that you are not relying on the Printed Matter appearing on any merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element and to show affiliation with an organization. You understand that FanFund is the source of all products you are ordering and that FanFund's products are not officially sponsored by your Organization or any organization.
To the extent a license to Design Content, Comments, or Printed Matter is deemed necessary by you, your Organization, or a court of law, you hereby grant FanFund a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, host, store, reproduce, adapt, publish, translate, create derivative works from, communicate, distribute, and publically display such Comments, Design Content, or Printed Matter throughout the world in any media or technology now known or later developed for the full term of any Copyright or Trademark rights that may exist in such Comments,Design Content, or Printed Matter. This license continues even if you stop using our Services. FanFund promises to use any Printed Matter on goods of the same or better quality as it currently provides. This term is not an admission that FanFund is using any Printed Matter or Design Content as trademarks - it is not - nor shall it be deemed an admission that any trademark license is needed for use of any Printed Matter or Design Content. You also grant FanFund and its sub-licensees the right to use the name that you submit in connection with your Comments or Design Content, if we choose. You represent that you have the necessary rights to grant us this license for any Design Content or Comments or Printed Matter that you submit to our Site. FanFund takes no responsibility and assumes no liability for any Design Content or Comments uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes or Objectionable content that you or a third party may encounter.
You acknowledge and agree that FanFund may preserve Comments, Campaign and Design Content, and Printed Matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of FanFund, its users or the public. You understand that the technical processing and operation of the site, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree to waive any claims against FanFund and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Design Content, Comments, Printed Matter, or any other communications or Material made available to the Site or posted on the Site by persons other than FanFund or its affiliates. By using our Services, you agree to indemnify FanFund and its affiliates from all claims and expenses, including reasonable attorney's fees, whenever such claims are based on or arise from: 1) any Material you approve or provide; or 2) your violation of any of the provisions of this Agreement. If you do not agree with this promise to indemnify FanFund, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this Site and any products ordered on this site, including without limitation sports apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
Our Services display or link to some content that is not from FanFund. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non-FanFund sites to which you may be directed or hyperlinked from this Site. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
FanFund attempts to be as accurate as possible. However, FanFund does not warrant that campaign or product descriptions or other content of this site or any FanFund Service is accurate, complete, reliable, current, or error-free. In particular, although we have made every effort to display information as accurately as possible, we cannot guarantee that the information is accurately portrayed. We reserve the right to make corrections and changes to the Site at any time without notice.
Your electronic donation or order confirmation, or any form of confirmation, does not signify our acceptance of your order. FanFund reserves the right to accept or deny processing or shipment to anyone for any reason. FanFund reserves the right to require additional information before processing any donation or order. If a donation or order appears fraudulent in any way, FanFund reserves the right to cancel the transaction and notify the cardholder or the authorities.
A “charge back” is a reversal of a credit/debit card charge. You do not need to file a charge back to obtain a credit due; simply contact us using our feedback form to obtain a credit. Unnecessary charge backs are theft and can be prosecuted. If you believe that your credit/debit card was used fraudulently, please contact us immediately. You agree that you will not charge back any amounts charged to your credit/debit card through our Services. If you charge back a credit/debit card charge for a payment initiated by you, you agree that FanFund may recover the amount of the charge back in addition to a $25 processing fee by any means necessary, including but not limited to recharging your credit/debit card or having the amount recovered by a collection agency.
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY FANFUND ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANFUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FANFUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. FANFUND DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
FANFUND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FANFUND SERVICE OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE OR ANY FANFUND SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUES, OR DATA. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FanFund operates the Site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
No joint venture, partnership, employment, or agency relationship exists between you and FanFund or between your Organization and FanFund as a result of this Agreement or use of this Site or the Services, or as a result of participation in any program whereby FanFund shares funds, donations or revenue with your Organization.
If you, or the Organization you represent (together “You”) are a U.S. customer visiting FanFund's Site, You agree that the applicable U.S. federal laws and the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and FanFund relating to this Agreement, the Site, the Services, Comments, Code, Printed Matter, Campaign or Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Washington, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in Seattle, Washington, and You waive any objection to venue in the courts of the State of Washington, and you agree not to plead or claim in any court of the State of Washington that such litigation brought there is in an inconvenient forum.
This Agreement comprises the entire agreement between you and FanFund, or between the Organization on whose behalf you are using the Services and FanFund, and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in this Agreement.
FanFund respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FanFund the written information specified below. Please note that this procedure is exclusively for notifying FanFund that your copyrighted material has been infringed.
Attention: Copyright Agent FanFund, Legal Department 2211 Elliott Avenue, Suite 601 Seattle, WA 98121
If you have questions about any term in this Agreement, please send an email to firstname.lastname@example.org.
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