Terms of Use
Notice
to Consumer/Legal Disclaimer PlusFundraising.com,
SchoolSpiritFundraising.com, PlusPizzaCard.com, FreePizzaCard.com and BestPizzaCard.com ("Websites"
below) are service websites for all nonprofit groups
("User" below) searching for fundraising programs.
Neither Websites nor Damora Corp. ("Company" below)
sell any service directly to the public.
ALL INFORMATION IS STRICTLY CONFIDENTIAL AND IS NEVER
TRANSFERRED TO ANY THIRD PARTY WITHOUT YOUR INSTRUCTION OR
PERMISSION.
Neither
Websites nor Company endorses or recommends any specific product,
service or company.
NOTHING ON THESE WEBSITES SHOULD BE CONSTRUED AS AN OFFER TO CONDUCT BUSINESS WITH ANY LISTED OR ADVERTISED COMPANY.
The
material included on the Websites is for informational purposes
only. The content (Libraries, Calculators, Tools, Links,
Advertisers) has been compiled from a wide range of industry
sources, and we believe the information to be accurate, however
we do not guarantee its accuracy.
FURTHER,
YOU SHOULD KNOW THAT, any listed product or servic may not be
available in your area,
The Websites or Company do not charge the User any fees for its Websites' informational services. The Websites or Company receives its compensation from advertisers on the Websites and also from nonprofit groups who purchase fundraising programs from Websites or Company. The Websites or Company's compensation from advertisers or purchasers of its fundraising programs varies according to specific advertising or fundraising platform(s) purchased.
THE
WEBSITES SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS/SERVICES PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE.
SPECIFICALLY, "WEBSITES" AND "COMPANY"
DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
(1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND
(2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER THE
WEBSITES NOR COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF
WEBSITES, COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Further, Websites, Company and all participating advertisers do not guarantee a response by a participating advertiser. Complete details are included in the specific disclaimers and consumer disclosure material that should be provided to you as part of the normal conduct of business with any vendor or service provider PRIOR TO YOUR CONDUCTING BUSINESS WITH THAT VENDOR OR SERVICE PROVIDER. Websites or Company, can not, nor will not give business, legal, tax, financial or other professional advice. Always consult with a qualified, licensed (if applicable) business advisor regarding your particular situation. Websites and Company, EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR USE. THE INFORMATION IS PROVIDED AS IS, WITH ALL FAULTS. Websites and Company. are not liable to any User or anyone else for any inaccuracy, error or omission, regardless of cause, in the Information or for any damages resulting there from. In no event shall Websites or Company, be liable for any consequential damages suffered by User as the result of User's access to or use of the Information or for the content of information of third parties on the Internet, even if accessed through Websites. The User agrees to indemnify Websites and Company, from any damages, losses, costs or expenses which Websites or Company, and its authorized representatives may incur as a result of material entered into these web / internet pages by the User. Further, the Websites may link, for the benefit of its Users, to other sites of which Websites or Company. have no relation and exercises no control. Users should use their best judgment and neither Websites nor Company makes any representations as to the accuracy of any of the information contained in such hyper linked sites, nor shall it be liable for the Users' reliance on any information contained therein.
Further, Websites, Company agree to provide groups who have partnered with Websites or Company a fundraising program. If the partnering group decides to not follow the agreed upon program as designed by Websites, Company and User, Websites and/or Company have the right to seek damages from User for the expenses Websites and/or Company expended in uniquely designing a fundraising program for User.
Further, Websites, Company may provide sample fundraising cards to User group. These sample cards are the property of Websites, Company and shall be returned by User group at the conclusion of the fundraiser time period. In the event that User group does not return the sample fundraising card(s) Websites, Company may charge the User group the full value of the fundraising card.
JURISDICTION
All questions concerning the construction, validity, and
interpretation of this TERMS OF USE agreement and the performance
of the obligations imposed by this agreement shall be governed by
the law of the State of Rhode Island. Any suit, action or
proceeding against either the Websites, Company or User with
regard or related to this agreement, the rights and obligations
of the User or the Company under this agreement, the Websites,
the use of the Websites and/or the services that the Websites
provide shall be brought in the United States District Court for
the District of Rhode Island, located in Providence, Rhode Island
or, if federal jurisdiction is not available, in the appropriate
court of the State of Rhode Island that is located in Providence,
Rhode Island. (In the instance of a nonpayment of User to Company
for a fundraising program - in the amount less than $1,500 - that
the Company has supplied to User in good faith, User agrees that
Company may bring a Small Claims action against User in Kent
County Small Claims Court, Warwick, RI.) The User and the Company
hereby irrevocably consent to the jurisdiction of the State of
Rhode Island courts. In addition, and notwithstanding the
foregoing, the User irrevocably waives, to the fullest extent
permitted by law, any objection that it may now or hereafter have
to the laying of the venue of any such suit, action or proceeding
brought in any such court and any claim that any such suit,
action or proceeding brought in any such court has been brought
in an inconvenient forum. Final judgment in any such suit, action
or proceeding brought in any such court shall be conclusive and
binding upon User and may be enforced in any court in which User
is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury
WEBSITES, COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL
BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING,
WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY,
OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO ALL
MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY OR
INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE
USER OR THE COMPANY UNDER THIS AGREEMENT, THE WEBSITES, THE USE
OF THE WEBSITES AND/OR THE SERVICES THAT THE WEBSITES PROVIDE.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
The failure of the Company to enforce any provision of this agreement shall not be construed as a waiver or limitation of the company's right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
This agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of this agreement or of any rights or obligations hereunder may be made by User (by operation of law or otherwise) without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to any other party.
This agreement constitutes the entire agreement between the User and the Websites or Company.