Terms and Conditions

Effective August 10, 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.


The following are the terms of an agreement between you and Shop For A Better World Corporation (S4BW), a 501(c)(3) charitable organization whose mission is to advance economic and community development by promoting minority owned businesses through platform technology that eliminates barriers and biases between purchasers and businesses.     

By accessing, or using this Web Site, you acknowledge that you agree to these terms. If you do not agree to these terms, please do not use this Web Site.

1) AGE RESTRICTION

You must be at least eighteen (18) years of age to use this Web Site or any Services contained herein. By using this Web Site, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. S4BW assumes no responsibility or liability for any misrepresentation of your age.


2) LICENSE TO USE WEB SITE & INTELLECTUAL PROPERTY 

S4BW may provide you with certain information as a result of your use of the Web Site. Such information may include, but is not limited to, documentation, data, or information developed by S4BW, and other materials which may assist in your use of the Web Site ("S4BW Materials"). S4BW grants you a non-exclusive, limited, non-transferable and revocable license to use S4BW Materials solely in connection with your use of the Web Site. S4BW Materials may not be used for any other purpose without S4BW’s express written consent.

Material from the Web Site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of S4BW, EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the materials for any other purpose violates the intellectual property rights of S4BW. 

Related to your use of this Web Site, you hereby grant S4BW a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content you publish, upload or otherwise make available to the Web Site ("your Content"). S4BW claims no further proprietary rights in your Content. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us.


3) ACCEPTABLE USE

You agree not to use the Web Site for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Web Site in any way that could damage the Web Site, Services or general business of S4BW.

You further agree not to use the Web Site or Services:

  1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;

  2. To violate any intellectual property rights of S4BW or any third party;

  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  4. To perpetrate any fraud;

  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

  6. To publish or distribute any obscene or defamatory material;

  7. To publish or distribute any material that incites violence, hate or discrimination towards any group; or 

  8. To unlawfully gather information about others.


 4) PRIVACY INFORMATION

Through your use of the Web Site, you may provide us with certain information. By using the Web Site or the Services, you authorize S4BW to use your information in the United States and any other country where We may operate. S4BW’s use and retention of personally-identifiable information you provide to S4BW through this site, including in connection with any Submission, is governed by the S4BW’s Privacy Policy.  


5) ASSUMPTION OF RISK

The Web Site is provided for communication purposes only. You acknowledge and agree that any information posted on our Web Site is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and S4BW. You further agree that your use of this Web Site is at your own risk and you must comply with any applicable laws, rules, or regulations when using the Web Site. S4BW does not assume responsibility or liability for any advice or other information given on the Web Site. 

6) REVERSE ENGINEERING, SECURITY & SPAM

You agree not to undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Web Site or Services;

  2. Violate the security of the Web Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

  3. Use the Web Site or any of S4BW's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


7) THIRD-PARTY LINKS, CONTENT & SERVICES

S4BW may occasionally post links to third party web sites or other services. You agree that S4BW is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Web Site.

S4BW collects information such as your name, e-mail address, mailing address and phone number provided by you in connection with your donation(s). 

If you initiate a donation through the Web Site, your credit card number and expiration date will also be submitted to us online.  S4BW uses Giving Fuel/Webconnex as third-party intermediaries to process your online donations and payments.  The use of your credit card information and personal information by the third party-intermediaries for the purposes of processing the donation is governed by the data and privacy policies of the third-party intermediaries and not S4BW.

Your personal information or credit card information is never shared with third parties other than the payment processor and an employee of S4BW to refund and/or confirm donations (via online or offline) were processed. Your credit card information may be stored for verification purposes, for processing recurring donations that you have authorized, and for processing refunds, if applicable. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.

For refunds, changes to payment information, or any other questions related to donations, please contact S4BW at help@shop4betterworld.org. If you wish to make a donation, you may be asked to supply certain relevant information, such as your credit card information, your billing address and your shipping information. 

8) MODIFICATION & VARIATION

S4BW may, from time to time and at any time without notice to you, modify this Agreement. You agree that S4BW has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Web Site and that modifications or variations will replace any prior version of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.


9) TERM, TERMINATION & SUSPENSION

You or S4BW may terminate this Agreement at any time. You may terminate this Agreement by: (a) ceasing to access the Web site; and (b) destroying all materials obtained from the Web Site; and (c) destroying all related documentation and all copies. S4BW may terminate this Agreement if, in its sole judgment, you violate any of the terms of the Agreement. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

10) DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. S4BW EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, S4BW MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11) LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL S4BW BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF S4BW IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.


12) GENERAL PROVISIONS:

  1. JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Web Site or Services, you agree that the laws of the State of Connecticut shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and S4BW, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Fairfield, Connecticut. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

  2. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Fairfield, Connecticut. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Connecticut. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by S4BW will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

  3. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: help@shop4betterworld.org.

  4. DIGITAL MILLENIUM COPYRIGHT ACT NOTICES:  If you are alleging that copyrighted material may have been or is being infringed, then you may notify Us, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

  1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit S4BW to locate the material;

  4. Information reasonably sufficient to permit S4BW to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices
If material that you have posted to a system or network controlled or operated by or for S4BW has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  1. A physical or electronic signature of the subscriber;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which S4BW may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES
All written notices should be sent to the following Designated Agent:

Designated Agent: PH Moss
Address: 6 Rabbit Hill Road | Westport CT 06880
Email: info@shop4betterworld.org

13). WEB COOKIES:

A “Web Cookie” is a string of information which assigns you a unique identifier that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use cookies on the Website to keep track of services you have used, to record registration information when you sign up for activities or programs, to record your user preferences, to keep you logged into the Website and to facilitate donation procedures. S4BW also uses Web Cookies to track the pages that users visit during each Website session, both to help S4BW improve users’ experiences and to help S4BW understand how the Website is being used. S4BW analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help S4BW, its partners and others better understand how the Website is being used. IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.