Terms of Use
Terms and Conditions
Introduction
Welcome to Fundraising Network Mall™. By using the services on the Fundraising Network Mall™ websites (frmall.org, all Fundraising Network Mall™, subdomains, and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with Fundraising Network Mall™ and the general principles for the websites, of our subsidiaries, and affiliates.
Before you may sign up on any Fundraising Network Mall™ website, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other third party websites linked to Fundraising Network Mall™ malls may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on September 1, 2008, for new & current users.
Services
Joining the Fundraising Network Mall™ is free. We do charge fees for using our service. We link to thousands of online stores and give a percentage of the affiliate earnings to the organization that set up a website through Fundraising Network Mall™ When you purchase an item through our mall, you are leaving our website and linking to a 3rd party website.
FRMall.org contains links to these 3rd party websites. Please be aware that we are not responsible for the privacy practices of these other sites. Fundraising Network Mall™ is released from all liability pertaining to 3rd party websites linked on our store. This includes, any and all orders placed through their websites, accuracy of information, customer satisfaction, or any other liability created by using Fundraising Network Mall™’s services. Please see indemnification.
We encourage our users to be aware that when they leave our site that you read the privacy statements of each web site that might collect personally identifying information. This privacy statement applies solely to information collected by frmall.org. If you have any questions or concerns about our privacy policy, please contact us.
Accounts, Passwords and Security
Certain features or services offered on or through our website require you to open an account (including setting up a Username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Fundraising Network Mall™ immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use anyone else’s Fundraising Network Mall™ password, or account at any time without the express permission and consent of the holder of that account. Fundraising Network Mall™ cannot and will not be liable for any loss, damage, or unauthorized viewing of information arising from your failure to comply with these obligations.
Fundraising Network Mall™ earnings may be paid out 5-90 days depending on the merchant and lockup period. Anyone using this site understands their organization/student/family will be paid as soon as merchants remit payment to Fundraising Network Mall™ Lockup period and waiting period vary per merchant.
Liability
You will not hold Fundraising Network Mall™ responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not retailer. Instead, the sites are a venue to allow online merchants to offer and sell their products and services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of online merchants’ content or listings, the ability of online merchants to sell items, the ability of customers pay for items, or that an online merchant or seller will actually complete a transaction.
We do not transfer legal ownership of items from the online merchants to the customers, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater number of (a) the total earnings paid to party requesting action in the 12 months prior to the action giving rise to the liability, deposited in respective Fundraising Network Mall™ account and (b) $100 deposited in a Fundraising Network Mall™ account.
Release
If you have a dispute with one or more merchants, users, or distributors (includes “Master”, and ‘National”) you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Fundraising Network Mall™ by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Fundraising Network Mall™ and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
In the event a dispute shall arise. It is hereby agreed that the dispute shall be referred to provide a method of selecting the arbitrator and situs of the hearing from the county wherein Fundraising Network Mall™ Headquarters is located for arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
General
Fundraising Network Mall™ can be reached at 800-681-5152. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Services (with respect to fees owed for our services), Release, Liability, Indemnity and Resolution of Disputes.)
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Nevada Department of Consumer Affairs by contacting them in writing at 1850 E. Sahara Ave, Suite 101, Las Vegas, NV 89104 (702) 486-7355.