Cash4Kids

Welcome! Cash4Kids is owned and operated by (“Cash4Kids”).  By using the program offered by Cash4Kids ("Cash4Kids Service") or accessing www.cash4kids.com (with all content found therein, the “Site”), you agree to be bound by the following terms and conditions (the "Terms of Service").  IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE.

Acceptance

By registering for and/or using the Cash4Kids Service in any manner, including but not limited to visiting the Site, you agree to all of the terms and conditions contained in these Terms of Service, and the Cash4Kids Privacy Policy found at www.cash4kids.com/privacy incorporated herein by reference and which may be updated by Cash4Kids from time to time without notice to you as provided herein. 

Content Linked to by Cash4Kids

The sites displayed as search results or linked to by Cash4Kids Services are developed by organizations over who Cash4Kids exercises no control. The search results that appear from Cash4Kids's search engine partner's indices are indexed by Cash4Kids's search engine partner's automated machinery and computers, and Cash4Kids cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Cash4Kids Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Cash4Kids search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Cash4Kids Services.  By using the Site, you expressly relieve Cash4Kids from any and all liability arising from your use of any third-party website, search results or third-party content.  We encourage you to be aware when you leave the Site or access third-party content and to read the terms and conditions and privacy policy of third-party websites that you visit. 

Registration and Eligibility

You may browse the Site and view certain content without registering, but as a condition to using the Cash4Kids Services, you are required to register and create an account.  You may never use another's account without permission. When creating your account, you must provide accurate, truthful and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cash4Kids immediately of any breach of security or unauthorized use of your account. Although Cash4Kids will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cash4Kids or others due to such unauthorized use.   Failure to prevent unauthorized access to your account or to keep your registration information accurate and up-to-date, shall constitute a breach of these Terms of Service, which may result in immediate terminate or your account.

You shall not:

• provide any false Personal Information to Cash4Kids or create any account for anyone other than yourself;
• use a user name or account that is subject to any rights of a person other than you without appropriate authorization; or

The Cash4Kids Service is not available to individuals who are younger than 18 years old.  You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access and use the Cash4Kids Service.  The right to access and use the Cash4Kids Service is revoked where these Terms of Service or use of the Service is prohibited.

Program Participation by Nonprofits

Participation in the Cash4KidsServiceis subject to Cash4Kids prior approval. Cash4Kids reserves the right to refuse participation to any organization, including nonprofits and schools, at any time in its sole discretion and change its eligibility requirements at any time.

Each listed organization will receive a proportion of the sum we allocate to charity equivalent to the proportion in which its supporters use the website relative to the supporters of other listed charities. We will distribute a minimum of 50 percent of revenues to nonprofit organizations. Cash4Kids will send each organization a check twice a year (January and June) providing the organization has accrued $20 or more. If the organization has earned less than $20, the funds will be allocated on a pro rata basis to those organizations which have met the minimum payment requirement. In no event will Cash4Kids make payments for any earned balance less than $20.

Checks not cashed within one (1) year after issuance will be deemed null and void, and all corresponding funds will instead be donated on behalf of the payees to nonprofit causes designated by Cash4Kids management.

Cash4Kids shall not be liable for any payment based on any amounts which result from invalid queries or invalid clicks on ads generated by any person, bot, automated program or similar device, as determined by Cash4Kids, including without limitation through any clicks or impressions originating from your IP addresses or computers under your control.

To ensure proper payment, organizations are solely responsible for providing and maintaining accurate contact and payment information associated with their account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Organizations agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Cash4KidsService. Cash4Kids may change its pricing and/or payment structure at any time. If you dispute any payment made under the Cash4KidsService, you must notify Cash4Kids in writing within thirty (30) days of any such payment; failure to so notify Cash4Kids shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Cash4Kids. No other measurements or statistics of any kind shall be accepted by Cash4Kids or have any effect under these Terms of Service.

Use of Service

You may not take the results from a Cash4Kids search and reformat and display them, or mirror the Cash4Kids home page or results pages on your Web site. You may not "meta-search" Cash4Kids.

No Automated Querying [Is this applicable to the Cash4Kids Service?]

You may not send automated queries of any sort to Cash4Kids's system. Note that "sending automated queries" includes, among other things:

Using any software which sends queries to Cash4Kids to determine how a website or webpage "ranks" on Cash4Kids's partner's search engines for various queries

• "Meta-searching" Cash4Kids
• Performing "offline" searches on Cash4Kids.
• Prohibited Uses

You shall not authorize or encourage any third party to directly or indirectly generate queries, impressions of or clicks on any Search Results, Links and/or Ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.

While not expressly prohibited, searches to URL’s (i.e., search terms ending in .com, .org, .net, .edu), searches to sites for which the URL is well known such as HotMail, ESPN, MySpace, Facebook, GMail, AOL, etc., and searches for stock quotes will not count toward a nonprofit’s total searches and revenue.

Online Conduct

By using the Cash4Kids Service, you agree that you are solely responsible for all content posted by you, including without limitation, the reason you are raising money, you group name and the image uploaded to represent your group. You agree to not post or allow to be posted any content deemed defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material or any material that infringes or violates another party’s rights.  Furthermore, you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities.

Commission

Every effort is made to account for all purchases through our site, however since final purchases are reported to us by the advertisers, there are circumstances where your purchase may not be attributed to Cash4Kids and your school or organization.  If you suspect this to have occurred you may send us your purchase receipt and we will make every effort to track back with the advertiser and claim the commission.

Since advertisers also advertise on other publishing websites, and terms for the duration of the cookie that is applied to provide commission vary, in some circumstances commission for your sale may be credited to a site that you had visited prior to visiting Cash4Kids.

From time to time advertisers may discontinue or pause their program before Cash4Kids is able to remove their link.  In these cases commissions will not be paid by advertisers.

Changes in Terms and Conditions and Cash4Kids Search Service

We may add to, delete or modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to add to, delete or modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.  Your use of the Site or the Cash4Kids Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Intellectual Property Policy

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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

(ii) 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;

(iii) 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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) 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

(vi) 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.

Cash4Kids designated Copyright Agent to receive notifications of claimed infringement is:

affmgr@cash4kids.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cash4Kids customer service through www.cash4kids.com. You acknowledge that if you fail to comply with all of the requirements of this Section 56D), your DMCA notice may not be valid.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE AND THE CASH4KIDS SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CASH4KIDS, ITS OFFICERS, DIRECTORS, GOVERNORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE CASH4KIDS SERVICE AND YOUR USE THEREOF. CASH4KIDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND THE CASH4KIDS SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE CASH4KIDS SERVICE. CASH4KIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TWISTY ROADS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CASH4KIDS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE CASH4KIDS SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CASH4KIDS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CASH4KIDS SERVICES, FROM INABILITY TO USE THE CASH4KIDS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CASH4KIDS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CASH4KIDS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CASH4KIDS SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CASH4KIDS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CASH4KIDS SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE CASH4KIDS SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CASH4KIDS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Cash4Kids or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnity

You agree to defend, indemnify and hold harmless Cash4Kids, and its officers, directors, members, governors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or the Cash4Kids Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site or Cash4Kids Service.

Miscellaneous Provisions

You agree that: (i) the Site and the Cash4Kids Service shall be deemed solely based in Minnesota; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Cash4Kids, either specific or general, in jurisdictions other than Minnesota. These Terms of Service shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and Cash4Kids that arises in whole or in part from the Site or the Cash4Kids Service shall be decided exclusively by a court of competent jurisdiction located in Stearns County, Minnesota. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Cash4Kids.

Unless otherwise required by law, any action or proceeding by you to enforce an obligation, duty or right arising under these Terms of Service or by law involving the Cash4Kids Services must be commenced no later than one (1) year after the cause of action accrues.

The Site is controlled and offered by Cash4Kids from its facilities in the United States of America. Cash4Kids makes no representations that the Site or Cash4Kids Service is appropriate or available for use in other locations. Those who access or use the Site or Cash4Kids Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.