TERMS OF USE AND SERVICE

These Terms of Use and Service (the “Terms”) will govern Your use of the Online Shopping Mall ( the “Provider”) and your use of any services offered through the Online Shopping Mall. You agree to be subject to the conditions in these Terms.

These Terms are between the Provider and You (“You” or “Your”).

In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:

Participation

To participate in the Online Shopping Mall, You must provide truthful, accurate and complete sign-up information. If any such information changes, You must immediately update Your account information. You represent that You are an individual who is at least 18 years old and that You are a U.S. citizen or reside in the United States or its territories. If you are under 18, you may use the website and products and services provided via this website only with the permission of your parent or guardian.

Voluntary Participation

Your participation is purely voluntarily and either You or the Online Shopping Mall may terminate Your participation in the Online Shopping Mall at any time.

Membership Fees

The Family Research Council as well as Online Shopping Mall does not charge any membership fee to participate in the Online Shopping Mall.

Use of the Online Shopping Mall

The downloading, reproduction or retransmission of the content of this website or software available via this website, other than for your use for the purpose of identifying online stores and making purchases to facilitate financial support of Family Research Council is strictly prohibited. You may download and use software available via this website for the purpose of identifying online stores and making purchases to facilitate financial support of Family Research Council.

License

You are granted a non-exclusive, non-transferable license (without the right to sublicense) for so long as You participate in the Online Shopping Mall and adhere to these Terms, to access, participate in and use the Online Shopping Mall and the services offered therein. You agree that You obtain no rights other than the rights and licenses expressly granted in these Terms.

Linking to Third Party Sites

This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Family Research Council as well as the Online Shopping Mall does not control these other websites and is not responsible for their content; nor does inclusion of hyperlinks to such websites imply any endorsement, affiliation, sponsorship or approval of the material on such websites or any association with their operators.

You acknowledge and agree that You access such third party websites, services, products or content at Your own risk and are wholly responsible for making Your own independent judgment regarding Your use or interaction with the same. We recommend You read the privacy and terms of use policies of each third party’s website that You access.

Check the URL address provided in your browser to determine whether you are still in the Online Shopping Mall website or have moved to another website. You may display and electronically copy, download and print hard copy versions of the materials contained on the website or generated by the software for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by frc.org or licensors under non-exclusive, non-transferable and revocable limited licenses for use as provided in these Terms of Use And Service. Any other use of the software, website or materials on the website or intellectual property owned by the Online Shopping Mall or its licensors, without the prior written permission of the Online Shopping Mall or its licensor, as appropriate, is expressly prohibited. The Online Shopping Mall and/or its licensors retain all right, title and interest in and to the materials and to any and all of the associated intellectual property rights. Any unauthorized use terminates all of the licenses granted by the Online Shopping Mall.

Financial Support to Family Research Council

The Online Shopping Mall is a participant in various arrangements with certain third parties that offer to You as a supporter of the Family Research Council the opportunity to earn financial support for Family Research Council If You complete an qualified transaction (for example, a purchase from an online merchant website, or use of a co-branded credit card on line or at physical location), then the third party is obligated to remit funds to the Online Shopping Mall, which will then contribute a portion of those funds to Family Research Council.

If You choose to avail Yourself of one or more of these arrangements, then You acknowledge that these arrangements are operated by third parties and are not under the control of the Online Shopping Mall or Family Research Council. Family Research Council does not set the criteria for what constitutes an eligible transaction, nor the amount that is to be paid to Family Research Council as a result of an eligible transaction, and cannot assure You that the applicable third party will remit funds even if You have satisfied the criteria for an eligible transaction. The amount of potentially eligible funds to Family Research Council is determined by transaction data provided to the Online Shopping Mall by third parties. Family Research Council and the Online Shopping Mall is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by such third parties. The Family Research Council and the Online Shopping Mall are not responsible for any such third party’s failure to pay funds. No financial support will be made to any organization until the Online Shopping Mall has received the funds from the applicable third party. The amount eligible for financial support to Family Research Council is based on the amount that the Online Shopping Mall actually receive from the third party, net of the Online Shopping Mall fees and net of any chargebacks, refunds, or other amounts payable to or offset by the applicable third party. The online store does determine which purchases are eligible for financial support and the percentage of the purchase price that is remitted to the Online Shopping Mall.

The eligible portions of funds paid are allocated to Family Research Council. Such allocated funds are held by the Online Shopping Mall in a Family Research Council account until such time regularly scheduled payments to Family Research Council are made. You acknowledge that such funds are not Your property and You have no claim to such funds or to any interest earned by such funds.

Although Family Research Council and the Online Shopping Mall try to ensure that all transactions are tracked and credited, no system is perfect. If You believe that an eligible transaction has not been credited to Your account within 120 days of the date of the transaction, please contact the Online Shopping Mall’s customer service and customer service will investigate the matter with the applicable third party.

Family Research Council and the Online Shopping Mall currently offer the following programs:

Online Shopping

The Online Shopping Mall seeks to obtain coupons and special deals from its online merchants The amount, scope, and duration of such offers are up to these online merchants, and the Online Shopping Mall makes no representation that any coupons or special deals will be available to You. A list of the online merchants can be found on the Online Shopping Mall homepage.

Affinity Credit Card

The Online Shopping Mall has partnered with Partners First (“Partners”) to issue credit cards co-branded with Family Research Council. If You choose to apply for an affinity credit card, the decision to approve You and the credit limit made available to You are entirely at the discretion of Partners. If You are issued an affinity credit card, a portion of the amount that You spend on each of Your purchases both online as well as in physical locations will be an eligible transaction.

If You wish to apply for the co-branded Partners credit card, log into your account and select the credit card banner offer on the home-page.

Tax Matters

You agree that You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with Your participation in the Online Shopping Mall.

Consent to receive email

As a participant in the Online Shopping Mall it is important that we be able to communicate with You. You hereby consent to the receipt of all communications from the Online Shopping Mall as well as Family Research Council electronically through either (i) access to Your account on the website or (ii) the email address that You provide to us in Your account information.

Electronic communications are presumed to be delivered to and received by You when sent by the Online Shopping Mall or Family Research Council whether actually received or not. You acknowledge that You have access to hardware and software that will enable You to receive and read such correspondence in electronic form. You may withdraw Your consent by changing your Email Preferences via Your “My Home page”, but if You do so Family Research Council and the Online Shopping Mall have the right to terminate your participation in the Online Shopping Mall.

Privacy Policy

Please see our Privacy Policy for additional details with respect to how we maintain and respect the privacy of Your personal information. You agree to our collection, use and sharing of Your information as set forth in our Privacy Policy.

Use of the Family Research Council Name

These Terms do not grant to You any license or right to use Family Research Council’s name or any of the logos or trade or service names or marks without out consent. You agree that You shall not disparage the Online Shopping Mall or Family Research Council.

No Reverse Engineering

You will not make unauthorized modifications, reverse engineer, disassemble, decompile or attempt to derive source code of any feature of Online Shopping Mall or Family Research Council including but not limited to any services offered through the Online Shopping Mall or Family Research Council.

No Infringing Uses

You may not use any name, trademark, service mark, domain name or other Intellectual Property Rights of any third party in connection with Your participation in the Online Shopping Mall in any way or for any purpose that infringes or violates any Intellectual Property Rights or other rights of such third party.

Fraud, Abuse, etc.

You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation in the Online Shopping Mall.

Compliance with Laws

You agree that Your use of the Online Shopping Mall shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees.

DISCLAIMER OF WARRANTIES

THE ONLINE SHOPPING MALL AND ALL SERVICES OFFERED THROUGH THE ONLINE SHOPPING MALL ARE PROVIDED “AS IS, WHERE IS” AND “AS AVAILABLE.”

FAMILY RESEARCH COUNCIL AS WELL AS THE ONLINE SHOPPING MALL HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, ADVERTISERABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF THE COMPANY OR ANY SERVICES OR OFFERINGS OFFERED THEREIN OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation On Liability

If You reasonably determine that any service provided through the Online Shopping Mall does not materially meet our obligations under these Terms, then You must notify us in writing within ten (10) days of receiving any such allegedly nonconforming services. Your failure to so notify us on a timely basis shall mean that You accept such services, and we shall thereafter have no liability whatsoever with respect to such services. If You provide us with such a notice, we may, at our sole discretion, re-perform the service in question or otherwise provide You with any substitution or replacement services in lieu thereof. Any re-performance or provision of substitute or replacement services shall in no event be construed as an admission that the original service was nonconforming or otherwise improper, and Your acceptance of the same constitutes Your sole remedy and in such case constitutes our maximum liability for any such alleged breach of these Terms.

IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON FAMILY RESEARCH COUNCIL AS WELL AS THE ONLINE SHOPPING MALL, THEN YOU AGREE THAT THE TOTAL LIABILITY OF FAMILY RESEARCH COUNCIL AS WELL AS THE ONLINE SHOPPING MALL, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT FAMILY RESEARCH COUNCIL AS WELL AS THE ONLINE SHOPPING MALL IS PROVIDING THE SERVICE TO YOU AT NO CHARGE TO YOU.

NONE OF THE FAMILY RESEARCH COUNCIL AS WELL AS THE ONLINE SHOPPING MALL RELATED PARTIES WILL BE LIABLE TO YOU (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.

Any claim or cause of action arising out of Your use of the Online Shopping Mall, these Terms or any other written Family Research Council policy must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless the Family Research Council as well as the Online Shopping Mall and any Company Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) that directly or indirectly arise out of or are based on:

1. any misrepresentation or breach of any representation, warranty, or covenant made by You in these Terms,

2. any conduct, or activity, error or omission by You, including in relation to Your participation in the Online Shopping Mall or use of any service provided therein,

3. any violation by You of any law, regulation or rule, and/or

4. any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.

Family Research Council as well as the Online Shopping Mall may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by You Family Research Council as well as the Online Shopping Mall may participate in the defense of all claims as to which it does not assume defense and control, and You shall not settle any such claim without our prior written consent.

Amendments; Changes to the Online Shopping Mall

Upon prior written notice, Family Research Council as well as the Online Shopping Mall may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of these Terms. We may also, in our sole discretion, add, remove, suspend or discontinue any aspect of the Online Shopping Mall.

YOUR CONTINUED USE OF THE ONLINE SHOPPING MALL AND/OR ANY SERVICE OFFERED THEREIN AFTER NOTICE IS GIVEN TO YOU OF ANY CHANGE TO THE ONLINE SHOPPING MALL, OR AMENDMENT TO THESE TERMS SHALL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH CHANGE OR AMENDMENT. IF YOU DO NOT WISH TO ACCEPT SUCH CHANGE OR AMENDMENT, THEN YOU MUST TERMINATE YOUR ACCOUNT WITH THE ONLINE SHOPPING MALL AND CEASE USING THE ONLINE SHOPPING MALL.

Termination, etc.

You or Family Research Council as well as the Online Shopping Mall may, at any time, with or without cause, terminate these Terms and Your participation in the Online Shopping Mall. You may effect such termination through Your Account Area or by written notice to the “Provider” subject to actual receipt thereof. Alternatively the Online Shopping Mall may, in its sole discretion, suspend, limit, restrict, condition or deny Your access to or use of all or any part of the Online Shopping Mall.

Effects of Termination

Upon any termination of these Terms, Your right to participate in the Online Shopping Mall will terminate, and any and all licenses and rights granted to You under these Terms shall immediately cease and terminate. All rights or remedies arising out of a breach of any of these Terms shall survive any such termination of these Terms.

Any provision which by its terms is intended to survive any expiration or termination of these Terms, will survive any expiration or termination of these Terms. Your representations and warranties in these Terms shall survive execution, delivery, acceptance, performance, expiration or termination of these Terms.

Independent Contractors

The parties are independent contractors and nothing in these Terms shall confer upon either party any authority to obligate or bind the other in any respect.

Force Majeure

Family Research Council as well as the Online Shopping Mall shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of Family Research Council as well as the Online Shopping Mall, whether or not similar to the foregoing.

Assignability

You shall not assign or delegate any of the rights or obligations under these Terms, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, these Terms are binding on and inures to the benefit of the respective successors, heirs and assigns of each party.

Governing Law

The agreement shall be governed by the construed in accordance with the laws of the State of Florida without regard to principles of conflict of laws.

Arbitration

Any controversy or claim based on, arising out of or relating to the interpretation and performance of the Agreement or any termination hereof shall be solely and finally settled by arbitration under the rules of the American Arbitration Association, and judgment of the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Any such arbitration shall be in the State of Florida by consent of the parties or, in the absence of such consent, by application of any part to the American Arbitration Association. A decision of the arbitrator shall be final and binding upon the parties, and the arbitrator shall be authorized to apportion fees and expenses (including counsel fees and expenses) as the arbitrator shall deem appropriate.

Severability

In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, (the remaining provisions of the Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law) any such invalidity or unenforceability shall be deemed replaced by a term or provision determined by the parties as coming closest to expressing the intention of the invalid or unenforceable term or provision.

Notice

Any notice to be given shall be in writing and either delivered in person, by nationally recognized overnight courier, or by registered or certified first class mail, postage prepaid, to the following address: The Christian Values Network, Rocky Point Center. 3001 N. Rocky Point Drive, E -Suite 200, Tampa, FL 33607. Attention: Jed Trosper, Chairman and Chief Executive Officer.

Entire Agreement; Third Party Beneficiaries

These Terms are the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of these Terms and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of these Terms. The headings of sections or other subdivisions of these Terms will not affect in any way the meaning or interpretation of these Terms.