Terms Of Service for Programs and Affiliates for Shop Thru The Heart LLC.
Shop Thru The Heart is a unique internet program that creates ongoing donations to nonprofits, schools, military, veterans and other eligible organizations.
When charities supporters use the Shop Thru The Heart Internet Mall for business and personal shopping, a percentage of their purchases is donated to the charitable organization of their choice.
The Shop Thru The Heart Program is provided to corporations, foundations, individual shoppers and donation receivers at no cost.
When you use Shop Thru The Heart , you are agreeing to the Terms of Service and Conditions listed here. Shop Thru The Heart reserves the right to update and modify, at any time, these Terms of Service by posting a new version at the website www.shopthrutheheart.com. Your continued use of any of the program services after changes have been posted constitutes your acceptance of such changes.
Terms Of Service :
Shop Thru The Heart Program Qualifying Donations and Purchases: For your purchases to be eligible for a donation to a Cause, start by visiting www.shopthrutheheart.com
In your first visit you will register your name, email, and select the charity you would like us to donate to every time you make purchases thru merchants participating in this program.
A “Qualifying Purchase” is a purchase for which the Merchant pays a commission to Shop Thru The Heart.
You must always initiate your purchases by starting with your Shop Thru the Heart log-in or link, then selecting the merchants and completing your purchase.
If you initiate a purchase through a different web browsing session or clicking on another promotional offer before or after reaching a Merchant’s site, or use a coupon code from a source other than Shop Thru The Heart, the purchase may not be considered a “Qualifying Purchase” by the Merchant. Also items returned following a purchase will invalidate part or all of the original Qualifying Purchase.
User Accounts: Your Initial Registration creates settings that let us know the charity you are shopping for us to donate to and allows for future ease in log in or to stay logged-in. (your choice)
You may receive emails from us that announce changes to our services, new services or special deals, programs, or discounts. If you do not wish to receive these emails, you may opt out at any time by clicking on the unsubscribe link in the email.
Privacy: Shop Thru The Heart does not collect personally identifiable information about you unless you contact us voluntarily and providing us with personal information other than your e-mail address.
Feedback: Your feedback is welcomed and appreciated. However, You understand and agree that by submitting ideas, suggestions, and feedback to us regarding the Services, including but not limited to the features, functionality, content, Causes or Merchants that are currently at the Site or that You would like to be a part of the Services (“Feedback”), You are granting us an irrevocable right to use, incorporate, and exploit such Feedback in whatever manner we deem fit without any obligation to compensate or credit you.
Payments to Causes: Shop Thru The Heart donates to Causes by check on a quarterly or annual basis. Payments are made approximately 90 days after a Qualifying Purchase occurs. This period allows enough time for Merchants to credit returns on purchases and for both Merchants and search engine partners to pay Shop Thru The Heart. A $150 minimum donation is required for a quarterly payment to a Cause. Otherwise, balances are rolled over to the next quarter.
Donation Checks not cashed within six (6) months after issue will be deemed null and void, and all corresponding funds will instead be donated to another Cause designated at our discretion. In order to ensure proper payment, Causes must provide and maintain accurate payment information.
Causes are responsible for paying all applicable taxes or charges imposed by any government entity in connection with their receipt of donations in connection with use of the Services. Any disputes regarding payments owed to a Cause must be raised (by notifying Shop Thru The Heart in writing) within sixty (60) days of receiving such payment or such dispute will be waived.
Commissions and Donations: When you Shop Thru The Heart and make a purchase we receive an affiliate-marketing commission from the Merchant or its agent. We do not charge Causes to participate in our program or Users to use our Services.
Average donation to the cause are up to 1.5% of purchased amounts from businesses listed on our Mall. Shop Thru The Heart uses reasonable efforts to ensure the accuracy of the donation percentages. However, as Merchants occasionally change their commission rates and often vary them by product or service, actual commissions and resulting donations may vary.
Donation Requirements: Organizations, Causes & Charities must complete an application and be accepted into the Shop Thru The Heart Program. Merchants must report your transaction to us. For privacy reasons, we do not have access to any activities you engage in once you reach a Merchant site. When you use a Service, the Merchant you visit receives an ID number from us. When we get a report from that Merchant, that ID number allows us to match the transaction to your intended Cause. If, for any reason, the Merchant or its agent fails to report the transaction, we do not have the information necessary to make a payment. If notified of a missing transaction, we will work with the Merchant to resolve the issue, but the final decision with regards to payment rests with the Merchant.
Merchants cannot verify a commission-able transaction. There are a multitude of reasons that a Merchant may be unable to verify a transaction, including, but not limited to, the technological infrastructure of the Merchant tracking systems, browser settings, corporate firewall settings, and interactions between anti-cookie software a User may have installed. Merchants make the final decision as to whether a purchase is valid and eligible for a commission. If the Merchant does not consider the purchase to be eligible for a commission, it’s not a Qualifying Purchase and no donation will be made.
Organizations, Causes, Charities must be in good standings with the Shop Thru The Heart Program. If the cause is no longer qualified for the Program WE reserve the right to redistribute funds raised to other Causes in our system at our discretion.
Eligibility: The Shop Thru The Heart Program was developed to support a wide variety of Causes, such as charities, educational institutions, associations, faith-based organizations, houses of worship, humanitarian groups, health organizations, advocacy groups, military/veterans organization and many others. Shop Thru The Heart is non-partisan and does not take a position on its clients’ missions, beliefs, or advocacy objectives.
We seek to work with organizations that share our commitment to equal opportunity and nondiscrimination. Shop Thru The Heart will not work with groups that promote violence, hatred, discrimination, or intolerance and will exercise its judgment in determining whether an organization violates the spirit of these principles.
Causes must be registered or incorporated in the United States and eligible to receive donations under applicable law. (Nonprofit status is not required.) We do not work with PACs, political campaigns, or any other organization that, in our sole judgment, cannot legally receive donations through our Services.
Though we seek to work with a diverse range of Causes, Shop Thru The Heart reserves the right to refuse to work with a Cause or prohibit the use of our Services by any Cause for any reason.
Shop Thru The Heart reserves the right to terminate our relationship with a Cause for any reason, including but not limited to a belief that a Cause is using the program services for illegal purposes or in connection with activities that we determine could expose us to liability or be harmful to our reputation.
Relationships: Causes first complete and submit the application posted at www.shopthrutheheart.com (Partners)
When accepted into the Program there is a formal business relationship, that relationship does not constitute an endorsement of either party by the other or other similar type of wording that indicates the relationship but disclaims any endorsement of Shop Thru The Heart by your organization and any endorsement of your organization by Shop Thru The Heart.
Termination of by Cause or Shop Thru The Heart can occur with 30 (thirty) day notice. Cause will be removed from the program and will no longer be eligible to receive donations from Shop Thru The Heart.
Prohibited Actions: You may not re-post any coupon codes, links, or offers from any Services in any way that would prevent Shop Thru The Heart from receiving commissions through their use.
Shop Thru The Heart Programs are intended for the use of adults. If we find that children under the age of 13 have used the Services, registered for an account, or submitted any personal information, such transactions shall be invalidated and any information submitted shall be disregarded and deleted. If you know of any information submitted by children, please contact Shop Thru The Heart.
Additional Restrictions: You may not modify, reproduce, copy, reverse engineer, decompile, reverse assemble or otherwise attempt to discover the source code or algorithms of any of the features or functionalities of any of the Shop Thru The Heart Programs. You agree that You will not use any device, software or routine to interfere with the proper working of the program services or use any automated means, including, without limitation, agent, robots, scripts or spiders to access, monitor or copy the Services. You agree not to copy, modify, rent, lease, loan, sell, sublicense, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the Services or any technology underlying the Services. Shop Thru The Heart reserves all rights not expressly granted hereunder.
User Created Content: Shop Thru The Heart may provide Users with the ability to post information and other material that will be visible to other Users, such as reviews or comments on their selected Causes (“User Created Content”). You may only upload to or otherwise submit to us for distribution on the Services, User Created Content that You own or that You have full rights to distribute over the Internet. You understand that any User Created Content You provide to us will not be kept confidential. You further understand that You are solely responsible for Your own User Created Content and the consequences of posting or publishing such content. By uploading or otherwise making Your User Created Content available to us for inclusion in the Services, You are granting us an irrevocable, perpetual, worldwide, royalty-free and non-exclusive right and license, with full rights to sublicense to, use, distribute, reproduce, modify, adapt, publicly perform, publicly display and otherwise transmit such User Created Content on the Services, any co-branded or syndicated versions of any Services, and in marketing and other materials related to us You also represent and warrant to us that You own or have all necessary licenses, rights, consents, and permissions to grant us the rights set forth above. You further agree to ensure that all Your User Created Content complies with the requirements listed below under “User Created Content Conditions.” You acknowledge that We shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any User Created Content that is available via the Services, including without limitation, with or without notice for any reason, including that such content violates these Terms of Service. Notwithstanding the above, We assumes no responsibility for ongoing monitoring or editing of any User Created Content, even after receiving notice that such User Created Content is objectionable.
User Created Content Conditions: You agree that any User Created Content You submit or otherwise provide to Shop Thru The Heart will not: (1) be offensive, harmful and/or abusive to any person or entity, including but not limited to, attacks against any particular person or entity, images depicting or language containing profanities, obscenities, harassment, vulgarities, sexually explicit material or material that promotes infringe the intellectual property right, publicity right, privacy right or other proprietary right of any person or entity, (3) violate any law or regulation or contain defamatory, deceptive or libelous material, (4) contain personally identifiable information about any individual, (5) be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials, (6) be in a language other than English, be encrypted, contain viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information, or (7) assert or imply that Your User Created Content or any Cause or Merchant is sponsored or endorsed by Shop Thru The Heart.
Prohibitions: You acknowledge that the Shop Thru The Heart programs contain information, data, software, graphics, videos, text, images, typefaces, sounds, and other material that is protected by copyrights, trademarks, and other intellectual property or proprietary rights. Except as otherwise permitted under these TOS, You may not modify, remove, delete, publish, transmit, participate in the transfer or sale of, or create derivative works from, any of the Programs. You further acknowledge and agree that the Programs, including but not limited to the Site (but excluding any User Generated Content You submit).
Trademarks: You acknowledge that Shop Thru The Heart and Shop To Help Others & other related marketing phrases and logos are all registered or unregistered trademarks, trade names, and/or service marks of Shop To Help Others, LLC. All other trademarks, trade names, service marks, logos, brand features, and product and service names appearing on any of the Services (“Marks”) are the property of their respective owners. You agree not to display or use in any manner any Marks or third party Marks appearing on any of the Services without appropriate consent from the applicable Mark owner.
DMCA Procedure: Shop Thru The Heart has adopted the following procedures and policies to handle copyright infringement notifications in accordance with the Digital Millennium Copyright Act (“DMCA”). Upon receiving notice of a potential copyright infringement claim with respect to content included in the Services, We will remove or disable access to the allegedly infringing content if such notice complies with the requisite elements under the DMCA. If a User is found to be a repeat offender, We may terminate the User’s account (if registered) and may terminate such User’s access to any or all of the Services.
DISCLAIMER OF WARRANTY: SHOP THRU THE HEART PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FORM A COURSE OF DEALING OUR USAGE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, SHOPTHRUTHEHEART.COM DOES NOT REPRESENT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THE INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE ACCURATE, OR THAT YOUR ACCESS TO, OR YOUR USE OR OPERATION OF, ANY OR ALL OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF THE SHOP THRU THE HEART SOFTWARE OR OTHER SHOPTHRUTHEHEART.COM APPLICATIONS OR CODE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND , THE ABOVE PROVISIONS SHALL BE LIMITED TO THE MINIMUM DEGREE NECESSARY TO BE ENFORCEABLE IN SUCH JURISDICTIONS.
Third Party Links, Content and Services: Without limiting the above disclaimer, You acknowledge and agree that Shop Thru The Heart does not endorse and is not responsible or liable for the practices, content, products, services, advertisements or other materials on or available from any third party sites or services accessible from or linked to via any of the Services, including but not limited to those of Merchants and Causes. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, products, services, advertisements or other materials available on or through any such third party site or services, including those of Merchants and Causes. Your dealings with such third party sites or services are solely between You and such third party. Similarly, We not be responsible or liable for Your participation or membership in any third party services accessible via our Services (e.g. Facebook), or for Your compliance (or failure to comply) with any terms and conditions imposed upon You by such third party in connection with your participation in such service.
LIMITATION OF LIABILITY: PROFITS OR REVENUE, IN ANY NEITHER Shop To Help Others, LLC, ITS AFFILIATES, OR LICENSORS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST MANNER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF ANY OF THE PROGRAMS, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SHOPTHRUTHEHEART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Any claim or cause of action arising out of Your use of the Site, these Terms of Service, or any other written policy posted at the our Sites must be filed within ninety (90) days after such claim or cause of action arose or be barred.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification: At our request, You agree to defend, indemnify and hold harmless Shop to Help Others.LLC, its affiliates, licencors, and their respective, officers, directors, employees, agents, and representatives suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising from: (a) any User Created Content You make available to or through any of the Services, (b) Your violation of these Terms of Service, or (c) Your violation of any applicable law, rule, regulation or of any third party right.
Termination of Services: Shop to Help Others. LLC, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof). In addition, we may indefinitely suspend or terminate Your (or any User’s) right to use or access all or any part of the Services, without notice, if we determine in our sole discretion that You have violated these Terms of Service or based upon our belief that Your continued use or access would violate applicable law or be harmful to us or another User. You understand that if You are a registered User, such suspension or termination would include termination of Your account. You understand and agree that we shall not be liable to You or any third-party for any termination of Your access to the Services.
Restrictions Applicable to International Use: You agree to comply with all applicable laws, rules and regulations in Your use of the Services, including applicable export and import laws and regulations.
For more information Contact Us at www.shopthrutheheart.com