Terms & Conditions
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the GivingAssist Rewards Program (the "Program"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member") you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing GivingAssist with your valid email address and a password in which to log into your account. Participation in the Program and its benefits are offered at the discretion of GivingAssist, and GivingAssist has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
Eligibility
1. You must be an Individual, Group, Business or Good Cause where the primary contact is 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of GivingAssist. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the GivingAssist Web site (http://www.givingassist.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. GivingAssist is not responsible for your inability to connect to the Internet, log into the GivingAssist Web site, or access your GivingAssist account.
4. Refusal to abide by this or any other rules may result in GivingAssist canceling your membership.
Cash Back Rewards
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with GivingAssist (an "Affiliated Merchant"). The percentage will be enumerated on the GivingAssist Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with GivingAssist and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through GivingAssist Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a cash back reward if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) A Member must utilize their current email address and password they entered in their account profile to log into the GivingAssist Web site prior to going shopping. Confirm your choice of the Good Cause prior to going shopping (this let's our system know who is purchasing and who should receive any earned cash back). 3) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the GivingAssist Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. 4) GivingAssist may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 5) All purchases must be started and completed in one shopping session within the GivingAssist shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate. 6) Use of coupons not listed on the GivingAssist website may disqualify the purchase and invalidate earned Cash Back. 7) If items are returned, the initial purchase will be invalidated and not be deemed a Qualified Purchase. 8) Purchases from"Coupons Only" and "No Discount" Affiliated Merchants are not deemed "Qualified Purchase."9) The item(s) purchased must not be on the Affiliated Merchant's list of non-commissionable items.
7. The determination of whether or not a purchase made through a GivingAssist Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of GivingAssist.
8. "Account Activation" is completed upon the making of a Qualified Purchase at any GivingAssist merchant site. In case of return or cancellation, GivingAssist retains the right to reverse account credit.
9. If an Affiliated Merchant fails to report a transaction to GivingAssist, or withholds payment to GivingAssist for a particular transaction for any reason, GivingAssist reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by GivingAssist at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. GivingAssist may choose to provide you with notices on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
11. There are a number of purchases that are not eligible for accrual or payment of cash back rewards. Refer to our FAQ page for general guidance.
12. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your accout you must wait at least 30 days but no more than 120 days after completing a Qualifying Purchase to contact GivingAssist Customer Care. Furthermore, all cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by GivingAssist at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. GivingAssist reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided.
13. GivingAssist is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. GivingAssist is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the GivingAssist site, we cannot guarantee that you will be eligible to receive a GivingAssist cash back reward on your purchases.
PAYMENT DATE SCHEDULE
14. If GivingAssist chooses to implement a reward-based referral program, then money earned through the referral program will be paid along with regular cash back rewards. Continued payments of referral monies would be made at the sole discretion of GivingAssist. The reward-based referral program could be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies would be paid in full if and when this occurs.
15. Every three months GivingAssist sends to its Good Causes the Cash Back that they have received/earned, provided that the Good Cause has received/earned at least $10.00 in Cash Back Rewards. If the Good Cause has received/earned less than $10.00 Cash Back, GivingAssist will carry the Good Cause's money over to the next payment date. Accrued cash back rewards will be dispersed to the Good Causes on or around February 15th, May 15th, August 14th or November 15th. Members may refer to their account for a listing of Qualified Purchases along with their choice of Good Causes. Good Causes may refer to their "Good Causes Account" page for similar information. In order for an accrued cash back reward, for an individual purchase, to be eligible for payment on the projected payment dates listed, GivingAssist must receive the commission payment, for the purchase, from the Affiliated Merchant 15 days prior to the projected payment date. Otherwise, the cash back reward associated to the purchase will roll to the next payment date.
16. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you will have 180 days after the payment date to provide GivingAssist with accurate account information to make payment, otherwise, you forfeit all accrued cash back rewards to GivingAssist. GivingAssist offers you the choice to receive your cash back by check or Paypal. If you choose Paypal, simply make the changes to your account preferences and add your PayPal account information. If an error occurs in payment, GivingAssist Customer Care will assist Good Causes in determining the cause of any non-payment, be it by PayPal or check. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. However, GivingAssist is not responsible for any misapplied PayPal payments or checks sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made by PayPal in applying your payment, though we will work hard to resolve any such issues should they arise.
ACCOUNT ACCESS AND PASSWORD
17. Upon registration for the Program, you will select a password that will allow you to access your GivingAssist account (via the GivingAssist Web site) to verify activity, check account balances, and modify your account information.
18. You must be logged into GivingAssist to change your account settings and payment preferences (Good Causes). Supporters may check your giving summary and recent purchase/giving history at any time by clicking the several “My Giving” links on the GivingAssist Website. Good Causes should click the "Good Cause Account" link on the left-side of their "My Account" page or on the "My Account" menu, to see information on cash back rewards given to their Cause by their supporters.
19. GivingAssist is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. GivingAssist is not responsible for any credits or debits made to your account by someone else who uses your password.
DISCLOSURE OF ACCOUNT INFORMATION
20. You authorize GivingAssist to only disclose to third parties information you have provided, or information that GivingAssist has obtained about your GivingAssist account or shopping behavior: (i) to agents and licensors of GivingAssist or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize GivingAssist to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to GivingAssist. You allow GivingAssist to collect and use non-personalized marketing information regarding visits and related to and purchases made from internet commerce sites.
COMMUNICATION
21. By signing up for membership at GivingAssist, you agree to receive communications that are account and membership related (e.g. recent activity to your account, that we are mailing you a check on a certain date, that new features are available on the GivingAssist site, etc) as well as periodic shopping-related email newsletters that highlight areas such as special offers to GivingAssist Members and the addition of a new store. You may choose to opt-out of receiving email newsletters that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you are not able to unsubscribe from account information emails.
DISCLAIMER
22. THE GIVINGASSIST PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIVINGASSIST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
23. GIVINGASSIST DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH GIVINGASSIST INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE GIVINGASSIST WEB SITE, GIVINGASSIST DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, GIVINGASSIST DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND GIVINGASSIST ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH BACK REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
24. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH GIVINGASSIST HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF GIVINGASSIST OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY GIVINGASSIST. IN NO EVENT SHALL GIVINGASSIST BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY GIVINGASSIST IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE, OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF GIVINGASSIST, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
25. MEMBER AGREES TO INDEMNIFY AND HOLD GIVINGASSIST, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAM
26. GivingAssist reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem cash back rewards in your account. Notification of Program termination will be sent to the email address you provide to GivingAssist during the registration process. GivingAssist will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of GivingAssist, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform GivingAssist of a change in your email address.
27. GivingAssist may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions ("Member Agreement") page of the GivingAssist Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
TERMINATION OF MEMBERSHIP
28. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to GivingAssist or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your GivingAssist account and/or forfeiture of your accrued cash back rewards, earned or given. GivingAssist also reserves the right to close accounts that have been inactive for more than 12 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Dead Account will have all funds in it taken back by GivingAssist, and we will no longer allow user login under that username and password. We'd much rather have a happy customer than a closed account, but if you haven't come by in a year, and haven’t responded to any of our emails over the course of a year, GivingAssist will close the account and take back any funds therein.
DISPUTES/ERRORS
29. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted to Customer Care within 120 days of the qualifying transaction. Any such disputes shall be resolved by GivingAssist at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of GivingAssist. In the event that an error is made by GivingAssist, your sole remedy shall be the credit of the disputed cash back reward to your GivingAssist account.
MISCELLANEOUS
30. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. As a condition of the use of the GivingAssist website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within Williamson County, Texas and therefore agree to file any grievance or suit of any kind exclusively in the courts located within Williamson County. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. GivingAssist's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between GivingAssist and the Affiliated Merchants or between GivingAssist and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on GivingAssist's behalf. This Agreement constitutes the entire agreement between you and GivingAssist with respect to the Program.
