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Conditions and Terms of Use


This website provides features and information for use, subject to the following terms and conditions. If you visit or use the website SupportByShopping.com, web pages for which any content is produced by Support By Shopping, or affiliate websites that are produced, managed or hosted by Support By Shopping (collectively the "Site") you accept and agree to the terms and conditions. Please read the terms and conditions carefully.

(I) Support By Shopping (also referred to as "SupportByShopping.com" or "SBS"), utilizes commission-based affiliate agreements from participating stores and service providers ("Merchant Affiliates"). When purchasing from a Merchant Affiliate or other link from this site you agree to follow their guidelines and agreements. Some purchases, often including gift certificates and the like, from certain Affiliates Merchants may not earn commission.

(II) A "Registered Cause" is an entity that has registered with SBS to be eligible to raise funds using the Site or using services provided by SBS. SBS makes an effort to verify Registered Causes, but does not guaranty validity, assumes no liability, and makes no representations as to the validity, accuracy, completeness, or reliability of the Registered Causes or the content supplied about the Registered Causes.

(III) Amazon.com affiliate policy does not allow SBS to announce or advertise that a portion or all proceeds from purchases made at Amazon.com will be donated, so we do not make such announcement, advertisement or representation, with regards to proceeds from Amazon.com purchases. However, Amazon.com also informed the Site that while we may not announce or advertise proceeds will go to a particular charity or cause, the Site may choose to give a portion of the proceeds from Amazon.com to causes. Amazon provides SBS referral fees (Commission), which vary based on how much is purchased, what type of product is purchased and who the product is sold by (Amazon provides a store front selling products for many other vendors besides Amazon).

(IV) Some information, including but not limited to reviews, comments, or blogs may be posted by Merchant Affiliates or other users of the Site and SBS make no representations as to the validity, accuracy, completeness or reliability of this information.

(V) While SBS does make an effort to publish correct information for content supplied by SBS, you acknowledge that SBS has limited resources and may have errors and as such makes no representations as to the validity, accuracy, completeness or reliability of the information supplied.

(VI) SBS recommends that users investigate all information on the site and consult appropriate legal, tax, financial or other qualified professionals before acting on any information found on the site. Furthermore, you agree not to hold SBS or the Site liable for any misinformation or anything.

(VII) Special Deals or coupons may appear on the Site. You agree that SBS and the Site are not responsible for redemption, errors/omissions or expirations and it is your responsibility to validate discounts, special pricing, special offers or other aspects during the purchase and checkout process at any linked website or Merchant Affiliates.

(VIII) In the event you have a dispute with any linked site or Merchant Affiliate in any way relating to the Site or the use of information from the website, you agree to waive and release SBS and the Site from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

(IX) All content included on the Site, including but not limited to text, software, graphics, audio clips, digital downloads, is the property of SBS or its content suppliers (including Registered Causes) and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of SBS.

(X) SBS makes efforts to fulfill monetary support to Registered Causes, but acknowledges that there may be software bugs, processes, or mistakes that may interfere with the Site's operation or the intended fulfillment of sending support to Registered Causes. You agree not to hold SBS liable for any damages of any kind arising SBS failing to send funds or otherwise provide support to the designated Registered Cause(s), including but not limited to direct, indirect, incidental, punitive, and Consequential damages.

(XI) If the conditions or terms are inconsistent with the following three paragraphs, the following three paragraphs shall govern and control.

(XII) THIS SITE AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, AND OTHER OFFERINGS (INCLUDING PRODUCTS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN A WRITTEN AND SIGNED AGREEMENT. SBS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, SOFTWARE, CONTENT, MATERIALS, AND OTHER OFFERINGS (INCLUDING PRODUCTS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN A WRITTEN AND SIGNED AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

(XIII) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBS DOES NOT WARRANT THAT THIS SITE; INFORMATION, SOFTWARE, CONTENT, MATERIALS, AND OTHER OFFERINGS (INCLUDING PRODUCTS) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SBS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

(XIV) 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.

(XV) By visiting the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SBS.

(XVI) Support By Shopping does not represent that commissions can be used as income tax deductions or any other deduction and Support By Shopping is not responsible for tracking commissions for any shopper using the Site.

(XVII) All Registered Causes acknowledge the other terms listed in the other paragraphs of this agreement and agree to abide by them where legally possible. In addition, all Registered Causes explicitly acknowledge and agree to the following:
  1. SBS has permission to use images, information, and logos from the Registered Cause website and materials on the Site or in promoting the Site.
  2. The Registered Cause is responsible for notifying SBS of changes of contact information or other address change information.
  3. "Commissions" are defined as fees paid to and received by SBS as a result shoppers purchasing from Affiliate Merchants in accordance with the Affiliate Merchant agreements.
  4. SBS will distribute a proportionate amount of Commissions to the Registered Cause based on the aggregate portion of the Site's Commissions that was designated to benefit the Registered Cause by the shoppers making the purchases less the portion kept by SBS (hereafter the "SBS portion"). The SBS portion is 20% and SBS intends to maintain that percentage, but the percentage may be altered immediately upon posting notice of the new SBS portion on the Site. Please note the Amazon.com exception as noted in paragraph (III) of the Terms and Conditions of Use.
  5. Commissions may take 60 days or more after a purchase is made to be sent to SBS by the Affiliate Merchants and returns of sales may result in subtractions from gross Commissions and such payments to the Entity.
  6. SBS makes distributions to the Registered Cause approximately every three months and will be based on commissions received by SBS approximately one month prior to the distribution. If the Registered Cause's net portion of undistributed Commissions is less than $50 at the time of a scheduled distribution calculation, the balance may be held without a distribution, until the next distribution calculation in which the calculated undistributed Commissions is greater than or equal to $50.
  7. SBS may choose to classify distributions as donations or otherwise. SBS makes no representation as to taxability of distributions and some organizations may be subject to tax and all Registered Causes are responsible for checking with their own tax professional or applicable statutes.
  8. SBS has limited personnel and is involved in technology that may have errors and function incorrectly, the website may be unavailable at times, and that changes may be delayed and mistakes may be made. In cases, where SBS receives Commissions that it cannot easily determine the shopper's designated Registered Cause or entities to be benefited, SBS may determine in its sole discretion how to allocate such Commissions among causes with the SBS portion excluded.
  9. The Registered Cause will hold SBS harmless and release SBS from all claims, damages, or other liabilities to greatest extent allowed by law.
  10. SBS at its sole discretion may chose to remove entities from the Site and terminate the relationship at any time for any reason and is not required to reveal the reason.
  11. If any provisions within this agreement are determined to be invalid by any court of competent jurisdiction, the remainder of this agreement will nevertheless remain in full force and effect.
  12. The Registered Cause agrees that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of Denver, State of Colorado. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Denver, State of Colorado shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by Colorado law, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
  13. These terms are subject to change at the sole discretion of SBS and immediately upon posting of new terms.


(XVIII)SBS reserves the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

(XIX)Please send notices for claims of copyright infringement or other issues representing a potential liability to SBS to the following address:

Issues@SupportByShopping.com

(XX)For making claims of copyright infringement please provide the following information in your correspondence to the above address:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail 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 Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.