TERMS OF USE AGREEMENT
Welcome to the Web site charitwebpages.com operated by Sell It All Online L.L.C of La Crosse, Wisconsin 54601. We maintain this Web site as a service to its visitors. By using this Web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right from Sell It All Online L.L.C. to obtain information from or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties.
Introduction:
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this Web site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.
Copyright:
The content, organization, graphics, images, Ideas, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by Sell It All Online L.L.C. and or CharityWebPages.com of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Copyright and Service Mark Information:
Copyright © Sell It All Online L.L.C 2006, all rights reserved. "Charity Web Pages”, CharityWebPages.com, sellitallonline.com" and associated logos are protected service marks of Sell It All Online L.L.C. in the United States and other countries. All other trademarks including charitywebpage.com banners are the property of their respective owners.
Limited Right to Use:
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
Editing, Deleting and Modification:
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.
Indemnification:
You agree to indemnify, defend and hold Sell It All Online L.L.C. and their owners, employees, agents, attorneys, advertisers, and charities (collectively, "All the charities listed under www.charitywebpages.com") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.
Nontransferable:
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMMISSION JUNCTION DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR CHARITES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR CHARITIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Sell It All Online is a For Profit Organization.
Though we work with charitable organizations, we also work with individuals and for-profit organizations. The Site makes no public distinction between categories of registrants of charitywebpages.com except that only not-for-profit organizations are allowed to receive money under the charitywebpages.com program.
Fees and Services
The Charitywebpages.com Program by Sell It All Online L.L.C. is defined as follows: Visitors to the Sell It All Online L.L.C. Site ("Users") may select a nonprofit organization from a list of such organizations on the Sell It All Online L.L.C. Site (“Enrolled Organizations”). Users may then use the Sell It All Online L.L.C. Site to access the web sites of third party merchants with which Sell It All Online L.L.C. has entered into a referral agreement ("Merchants") and purchase certain goods or services from such Merchants' web sites. When a User purchases goods or services from a Merchant, Sell It All Online L.L.C. shall make a contribution to the selected Enrolled Organization, with such contribution calculated as a percentage of the User’s purchase. This percentage varies depending on the Merchant and depending on the goods or services purchased, and shall be determined based on the percentages listed on the Sell It All Online L.L.C. Site at the time of the User's purchase. Sell It All Online L.L.C. is able to make these contributions due to referral fees paid by Merchants to Sell It All Online L.L.C. for User purchases. Sell It All Online L.L.C. retains a portion of these referral fees to finance its operations. Contributions are disbursed to Enrolled Organizations on a quarterly basis, approximately sixty (60) days following the end of each calendar quarter. Sell It All Online L.L.C. will not make a quarterly disbursement of less than fifty (50) dollars to any Enrolled Organization; funds will carry over to subsequent quarters until fifty (50) dollars accrues.
Joining and using CharityWebPages.com as a means to support organizations/individuals is free to users and charities. We may change our fees and credits policy and the fees for our services at any time without notice. We may choose to temporarily change our fees and credit policy and the fees for our services for promotional events to help the charities. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise state, all fees are quoted in U.S. Dollars. All fees received by charities are listed next to the corresponding product or services offering and totals are listed on the individual charities webpage.
A contribution may be subject to adjustment in the event of returns by a User, and may also be subject to other terms and conditions between charitywebpages.com or Sell It All Online L.L.C. and the Merchant. In the event an Enrolled Organization ceases operations prior to accrual of a disbursement, Sell It All Online L.L.C. reserves the right to select, in its sole discretion, one or more other Enrolled Organizations to receive any contributions then payable. Participating Merchants may change from time to time without notice.
Tax Information
Users are not authorized to make any representations or warranties to an Enrolled Organization regarding the Program. Contributions associated with the Program are made by Sell It All Online L.L.C. through charitywebpages.com and are not tax-deductible by Users. The U.S. Internal Revenue Service limits tax deductibility for donations to the amount paid over and above the fair market price for an item. Since the prices Users pay when buying from Merchants are the same as they would be if purchased directly without Program participation, no tax-deductible event occurs. YOU AGREE THAT NOTHING IN THESE TERMS CONSTITUTES TAX OR LEGAL ADVICE, THAT ANY LANGUAGE CONCERNING TAX DEDUCTIONS IS INCLUDED FOR INFORMATION PURPOSES ONLY, AND THAT YOU WILL NOT RELY ON ANY SUCH INFORMATION.
Merchants Policies
Users who buy products or services from Merchants will be deemed to be customers of Merchant. All rules, policies (including privacy policies) and procedures of a Merchant will apply to Users while on such Merchant's web site or in a retail store. Users are responsible for familiarizing themselves with any applicable Merchant policies and procedures. Sell It All Online L.L.C. or any charities listed is not responsible for information provided by Merchants to Users. Merchants and Sell It All Online L.L.C. are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Links to Other Web Sites:
The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites, and we do not investigate, monitor or check. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk. We do not control the information provided by advertisers or charities that is made available through our system/web pages. You may find advertiser’s websites and/or information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the sites outside of this Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risk dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Sell It All Online L.L.C. and/or charitywebpages.com and the charities listed on this site are not responsible for the acts or advertisers and buyers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of codes under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Membership Eligibility:
Our services are available on to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of our parents or guardians. If you do not qualify, please do not use our Site. Further, all businesses or charities that have signed a written contract with Sell It All Online L.L.C. as a business or charity entity, you represent that you have a the authority to bind the entity to this agreement.
Information and Press Releases:
The Site contains interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Sell It All Online L.L.C. was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Sell It All Online L.L.C. that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Sell It All Online L.L.C., are solely those of the author(s) and do not necessarily reflect those of Sell It All Online L.L.C. With respect to Information, contained in links to third-party websites, please refer to "Links to other Websites" above.
Export Control:
Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.
Visitors' Communications:
Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
i. You represent and warrant that Sell It All Online L.L.C. use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter into this agreement;
iii. Sell It All Online L.L.C. is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
iv. You grant Sell It All Online L.L.C. all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Sell It All Online L.L.C. to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.
Sell It All Online L.L.C. expressly prohibits the scraping of email addresses from any Sell It All Online L.L.C. Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to Sell It All Online L.L.C. domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
Miscellaneous:
The Site can be accessed from different locations around the world and may contain references to Sell It All Online L.L.C. services, and programs that have not been announced where you are located. These references do not imply that Sell It All Online L.L.C. intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in La Crosse, Wisconsin, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Wisconsin (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "Disclaimer" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Madison and the United States District Court for the Central District of Wisconsin with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Privacy Policy
What types of information does Sell It All Online or charitywebpage.com collect?
Personal Information: Currently we do not collect any information from you. Through charitywebpages.com there is no sign required. If you do sign up for our newsletter then we would collect your email address, name and address. Any information we do receive, we do not sell or give to any entity, business or persons outside this company.
Non-Personal Information:
We do review "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP Address. This information ("Non-Personal Information") cannot be easily used to personally identify you.
Communications With Us:
If you communicate with us regarding the Web Site Sell It All Online L.L.C. or the charitywebpages.com Services, we will collect any information that you provide to us in any such communication.
Analytic and Reporting Technologies:
Like the operators of most web sites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, and the dates and times that the Web Site and the charitywebpages.com Services are accessed.
Does This Privacy Policy Apply When I Access Third Party Web Sites?
You may be able to access third-party web sites directly from the Web Site. This Privacy Policy does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party web site you visit before using it or disclosing your Personal Information to its provider.