The Shop & Support Enrollment Agreement contains details about the relationship between you and us relating to the Shop & Support Program. You must accept the terms of the Enrollment Agreement in order to participate in Shop & Support. By enrolling in Shop & Support, you agree to these terms and conditions and that your use of this site and your participation in Shop & Support is subject to this Enrollment Agreement.
By enrolling in Shop & Support, you acknowledge that you have read and understood this Enrollment Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Agreement, then do not click the "enroll" button to finish enrolling.
This Agreement constitutes a legally binding agreement between Shop & Support, a California nonprofit public benefit corporation ("Shop & Support"), and each individual who enrolls in Shop & Support, as described below (the "Program"), by completing the enrollment form on a Shop & Support website ("you" or the "Enrolled Consumer"). As used in this Agreement, the terms "we" and "us" mean Shop & Support, and the term "our" means Shop & Support's.
- You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a U.S. citizen or residing in the United States or its territories. You agree that it is your responsibility to keep your Profile information current, complete and accurate by periodically updating your information in the appropriate section of our website.
- License. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to this Agreement, to access, participate in and use the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
- Fees. We do not charge any enrollment fee.
- Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Program materials, including materials of Participating Merchants, either in print or on our website (collectively, the "Policies"). The Policies, including any amendments, which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the Program thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Participating Merchant is subject to that Participating Merchant's own privacy and data collection policies.
You must link your credit and debit cards ("Cards") with the Program to direct Rebates generated in connection with purchases made with these linked Cards to your designated Charity.
We do not represent, warrant or guarantee that any particular Participating Merchant will accept your debit card or credit card linked in this Program as payment for services or goods provided by such Participating Merchant as certain Participating Merchants may not accept one or more of the type of Linked Cards
By linking your card and agreeing to participate in the Program, you understand that your selected Charity will receive the following reporting figures: 1) Total Purchase amount made with linked cards 2) Total contribution by merchants 3) Your total charitable contributions. Your selected charity will also receive your name and enrollment date along with tools and program participation information in order to promote your participation in the Program.
Subject to this Agreement, you will receive cash rebates and other payments denominated in U.S. dollars (each a "Rebate") on all Qualifying Purchases made at, from or with Participating Merchants, or upon redemption of points or other awards of certain Participating Merchants as applicable, in the amounts or percentages set by those Participating Merchants and subject to those Participating Merchants' terms and conditions. Solely as a convenience, we may provide a promotional page or other description on the Program website of each Participating Merchant's terms and conditions. Participating Merchants may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. We are not responsible for setting or maintaining the amount of the Rebates offered by any Participating Merchant or for requirements of any Participating Merchant's program or offer. Each Participating Merchant has reserved the right to change at any time, and without notice, the amount or percentage of any Rebates it offers as well as the terms and conditions of any qualifying purchase. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Participating Merchant will participate in the Program at the time you enroll in the Program or at any time thereafter. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a Participating Merchant's offer with respect to that purchase, including any waiting periods, have been satisfied.
- You agree that Rebates you earn as a result of Qualifying Purchases within this program will be converted into charitable contributions on your behalf to your chosen charity or charities (the "Charity" or "Charities") and not disbursed to you. The Shop & Support website will display a summary of your purchase activity. Generally, transactions will be posted to your Activity Page within thirty (30) days of notice from a Participating Merchant of your relevant transaction or your election to convert or redeem existing miles or awards from a Participating Merchant's eligible awards program. However, we will not be liable for damages resulting from any failure to post transactions to your Activity Page in a timely manner. You acknowledge and accept that you are solely responsible for checking your Activity regularly to verify that transactions have been properly posted. If you believe that transactions have not been properly posted to your Activity Page, then you must inform Shop & Support within one year of the qualified transaction for which you are claiming that a transaction should have been posted and must be able to provide proof of such transaction acceptable to Shop & Support. Shop & Support reserves the right, however, to determine, in its sole and absolute discretion, whether a Rebate should have been posted to your Activity Page. You acknowledge that any such determination by Shop & Support will be final and binding.
- Rebates posted to your Account will be deposited and held in an account established and maintained by Shop & Support as trustee to be distributed to your selected Charities as a charitable contribution on your behalf. Charities or Participating Merchants have no role in verifying, administering or maintaining your Activity. Only Shop & Support is authorized to act upon your instructions with respect to the disposition of funds held in your Account. In the event, that for whatever reason, Shop & Support is unable to distribute earned Rebates to your selected charities, we reserve the right to distribute the Rebates to a Charity under the sole and absolute discretion of Shop & Support. Charitable contributions will be distributed once the total amount of all contributions being distributed to that individual Charity exceeds $250 and all other requirements have been met.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by Shop & Support of that third party or of any product or service provided by a third party.
No Responsibility for Participating Merchants
You agree that Shop & Support is not an agent of any Participating Merchant and that Participating Merchants operate independently of, and are not under the control of, Shop & Support with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances that any Participating Merchant will provide a Rebate for any particular transaction even where such transaction would appear to qualify for such Rebate under either Shop & Support, your financial institution or Participating Merchant statements. We are not responsible for the failure of any Participating Merchant to pay Rebates in accordance with the terms of that Participating Merchant's offer. Further, your participation in offers or promotions of, or correspondence with, any Participating Merchant is solely between you and that Participating Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Participating Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Program.
No Responsibility for Charities
You acknowledge and accept that none of the Participating Merchants or Shop & Support is the agent of any Charity. You further acknowledge and accept that no Charity will have any liability, obligation or responsibility for the conduct of Shop & Support with respect to the Program. In furtherance of the foregoing, you acknowledge and accept that no Participating Merchant or Shop & Support will have any responsibility for or liability with respect for the conduct of any Charity.
On occasion, Participating Merchants, Shop & Support and/or any of their respective third party agents may fail to track your Qualified Purchases due to computer system failures or interruptions beyond the reasonable control of the tracking party. Neither Participating Merchants, Shop & Support and/or any of their respective third party tracking agents shall be liable for your failure to receive a Rebate or important information about the Program.
Collection and Use of Information
You consent to receiving communications such as reports, correspondence, and other information from us electronically through either (i) your Activity Page; or (ii) the email address you provide to us. We are not responsible for your inability to connect to the Internet, receive electronic communications or access our website. Electronic communications are presumed to be received by you when sent by us, whether they are actually received or not. You acknowledge that you have the necessary computer hardware and software to receive email correspondence or other electronic information from us.
You agree to indemnify Participating Merchants, Charities, Shop & Support, and/or any Financial Institution having custody of your Rebates (a "Custody Bank"), as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
Limitation of Liability
- NONE OF SHOP & SUPPORT, ANY PARTICIPATING MERCHANT, CHARITY OR FINANCIAL INSTITUTION, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, THE INFORMATION CONTAINED ON THE SHOP & SUPPORT WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE PARTICIPATING MERCHANT OR SUPPLIER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- IN NO EVENT WILL SHOP & SUPPORT'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SHOP & SUPPORT WEBSITE OR PARTICIPATION IN THE PROGRAM, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LARGEST AMOUNT OF REBATES EARNED BY YOUR QUALIFIED TRANSACTIONS.