If you would like to become a Member of the I CARE community, you may
enroll subject to the terms and conditions of the I
CARE MEMBER AGREEMENT. MEMBER AGREEMENT GENERAL
TERMS & CONDITIONS PRIVACY
NOTICE Last updated: April 1, 2006 I-CARE
MEMBERSHIP AGREEMENT This
is a legal document and creates an Agreement between you, the user, and
ICAREOFFICESUPPLIES.COM. You must agree to be bound by the terms and conditions
presented herein as a condition precedent to becoming a member of ICAREOFFICESUPPLIES.COM. Charitable Contributions Will be posted to your account as earned. These rules
and regulations and guidelines may be altered or otherwise change in the
future, so please keep up to date by reviewing our postings on the site as well
as reading any email updates that we send you. We will be sending you email
updates from time to time, and you agree to receive them as a condition of your
membership. Terms of Service Our Terms of Service are hereby incorporated by reference
as if fully set forth herein. By using this site you not only agree to
be bound by the terms and conditions of this Membership Agreement but also our
Terms of Service. ICAREOFFICESUPPLIES.COM
at any time, for any reason, without notice to you may modify any of the terms
and conditions contained in this Agreement. ICAREOFFICESUPPLIES.COM
may discontinue any and all services to you at any time without notice to you. You
must be at least 18 years of age to be a member of this site. Liability The services, tools, and programs
offered by ICAREOFFICESUPPLIES.COM are provided on a "as is" basis,
and without warranties of any kind either express or implied.
ICAREOFFICESUPPLIES.COM hereby disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. ICAREOFFICESUPPLIES.COM does not warrant that
any material or function presented on this site will be uninterrupted or
error-free, that defects will be corrected, or that this site or the server
that makes it available are free of viruses or other harmful elements.
ICAREOFFICESUPPLIES.COM does not offer a warranty or make any representations
regarding the results of the use of the materials in this site in terms of
their correctness, accuracy, reliability, risk of injury to your computer or
commercial advantage to you. Applicable
law may not allow the exclusion of implied warranties, so such exclusions may
not apply to you. Sales of products are subject to the ICAREOFFICESUPPLIES.COM
refund policy as posted on our site. Under
no circumstances, including, but not limited to, negligence, shall
ICAREOFFICESUPPLIES.COM be liable for any special or consequential damages that
result from the use of, or the inability to use, the tools or services offered
to you via this site, even if you have advised ICAREOFFICESUPPLIES.COM of the
possibility of such damages. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall
ICAREOFFICESUPPLIES.COM's total liability to you for all damages, losses, and
causes of action (whether in contract, tort, or any other legal theory,
including but not limited to, negligence or otherwise) exceed the amount of One
Hundred Dollars ($100) USD. You
agree to hold ICAREOFFICESUPPLIES.COM, its employees, directors, officers,
investors, partners, affiliates and advertisers harmless and defend from any
civil claim of any nature regarding your usage of any of the tools or services
provided via this site, or any of the programs or memberships offered by this
site. Confidentiality of Codes, Passwords and
Information You
agree to treat as strictly private and confidential any user ID and related
password which you may have received required for entry to any
ICAREOFFICESUPPLIES.COM tool or service and all information to which you have
access through password-protected areas and will not cause or permit any such
information to be communicated, copied or otherwise divulged to any other
person whatsoever. You are solely
responsible for the security of your password. Any loss that you sustain due to
a lack of security on your part regarding your codes or passwords is you sole
loss to sustain. Cancellation of Programs, Tools, and
Services ICAREOFFICESUPPLIES.COM
may cancel or discontinue any or all of our programs, tools, or services at any
time without notice to you. Third Party Links This
website may contain links to other websites, resources and/or advertisers.
These links are provided for your convenience only and you access them at your
own risk. I Care is not responsible for the availability, accuracy,
completeness, or timeliness of these external sites, nor is it liable for the
contents, advertising, products, services or other materials made available on
or through such third party websites. In no event shall any reference to any
third party or third party product or service be construed as an approval,
guarantee or endorsement by I Care of that third party or of any product or
service provided by a third party. You should direct any concerns to such third
party's webmaster or customer service contact. Distribution to Charity You understand that I CARE is entering into an agreement, under which we have agreed to make cash contributions (the "Contributions") to your I Care account, based upon your purchase(s) of products from us. This contribution will be a percentage of the purchase price. The percentage is determined by you as selected at checkout. We will collect all sales tax that the law imposes a duty upon us to collect. Contributions which accumulate as a result of Eligible Purchases will be held by I Care for your Account. You may review a summary of your Account activity on the I Care website. You are solely responsible for regularly reviewing your Account to determine that all Contributions have been posted accurately to your Account. In the event you believe that Contributions are missing or posted inaccurately, you must contact us within 60 days of the relevant Eligible Purchase. In general, you can expect that Contributions will be posted within 5-10 business days after an Eligible Purchase has been made. However, I Care is not liable for the failure to timely or accurately post Contributions to your Account. I Care reserves the right to determine whether a Contribution should have been posted or whether a Contribution was posted correctly, which determination shall be final and binding. Further, although I Care may credit pending Contributions to your Account as a convenience to you, no Contribution is final until payment in full, for the supplies ordered, is received from the Member, subject to the reconciliation process described in Paragraph 3 of this Agreement. If you return any Eligible Purchases, or any Eligible Purchases otherwise reverse, then any Contributions associated with such returned or credited Eligible Purchases which were posted to your Account or are pending posting to your Account shall be reversed. If the Contributions have already been distributed to NPOs, you remain solely responsible for repayment and we may offset future Contributions to your Account in order to recoup an amount equivalent to such credits. If you fail to repay the Contribution and your Account balance is insufficient to recoup the Contribution, then we reserve the right to take any and all legal action necessary to collect the Contribution amount from you, including, but not limited to, pursuing such claim in a court of law, employing a collection agency or reporting such claim to a credit reporting agency. We may suspend or terminate your participation in the Program, reverse Contributions or bar future Contributions to your Account if we believe, in our sole discretion, that you have committed fraud or abused the Program by, without limitation, engaging in a pattern of returning Eligible Purchases after Contributions have been posted to your Account, giving Contributions to organizations which are not bona-fide NPOs, or engaging in other fraudulent or abusive activities in connection with your participation in the Program. You agree to forfeit any Contributions you earned or may have otherwise been entitled to, in the event such Contributions are attributable to fraudulent or abusive activities. We reserve the right to take any and all legal action necessary to collect the Contribution amount from you, including, but not limited to, pursuing such claim in a court of law, employing a collection agency or reporting such claim to a credit reporting agency. You acknowledge that Contributions may only be given to Qualified NPOs and that you may not redeem or withdraw any Contributions for cash. Except as otherwise provided herein and/or in our policies and procedures, you may give Contributions to the Qualified NPOs of your choice. You may give Contributions to as many Qualified NPOs; however, the total amount of your giving cannot exceed 100% of your credited Contributions. The
I Care website has a link to a database of over one million Qualified NPOs,
including schools and religious organizations. If, however, you would like to
give Contributions to a nonprofit organization which is not in that database. I
Care in its sole discretion, will decide whether the nominated organization is
a bona-fide nonprofit organization in accordance with its procedures and IRS
guidelines for qualified recipients of charitable funds. If a nominated
organization meets these qualification criteria, it will become a Qualified
NPO, added to our database, and eligible to receive Contributions. However, I
Care reserves the right to reject any nomination, remove any Qualified NPO from
our database, or refuse to make Contributions to any organization, even if it
otherwise appears that such organization is a Qualified NPO, or otherwise
disqualify any organization from participating in the Program in any form. This
Agreement is effective when you accept it by clicking the Enroll button at the
end of this Agreement and will remain in effect until either you or I CARE
terminates your membership in the Program. You may terminate your membership in
the Program at anytime. I CARE retains the right to terminate your membership
in the Program without cause immediately upon notice to you. Upon termination,
you will forfeit any Contributions remaining in your Account as of the
termination date. Any forfeited Contributions will be distributed to an
eligible organization of I CARE's sole choosing. Your
membership in the Program will automatically terminate if you have not made or
received any Contributions in twelve consecutive calendar months. If your
membership expires, you must re-enroll in the Program to continue participating
in the Program. (A) TO THE MAXIMUM EXTENT ALLOWED BY LAW, I CARE EXPRESSLY
DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, RESULTS OR NON-INFRINGEMENT. FURTHER, I CARE DOES NOT WARRANT THAT
THE PROGRAM OR ANY OF ITS FUNCTIONALITY WILL BE UNINTERRUPTED, ERROR FREE,
CORRECTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (B) I CARE'S
WEBSITE MAY CONTAIN ADVICE, OPINIONS, FACTS, VIEWS, STATEMENTS, CONTENT OR
RECOMMENDATIONS OF THIRD PARTIES ("THIRD PARTY DATA"). I CARE DOES
NOT REPRESENT OR WARRANT THE ACCURACY OF ANY THIRD PARTY DATA DISPLAYED,
UPLOADED, OR DISTRIBUTED THROUGH OUR WEBSITE. YOUR RELIANCE ON THIRD PARTY DATA
IS AT YOUR SOLE RISK. You
agree to indemnify and hold harmless I Care Office Supplies, LLC, Members and
Qualified NPOs, and each of their respective directors, officers, employees,
agents, affiliates, subsidiaries, successors and assigns, from and against all
damages, losses and causes of action (including reasonable attorneys' fees and
court costs) incurred as a result of your participation in the Program or
breach of this Agreement. You agree to cooperate as reasonably requested in the
defense or settlement of any claim. WE WILL NOT BE LIABLE
FOR ANY DAMAGES ARISING FROM: FAILURE TO SCREEN USERS OR MEMBERS OF THE
PROGRAM; ACTS OR OMISSIONS OF USERS OR MEMBERS OF THE PROGRAM; MATERIALS POSTED
BY OR FROM ANY PARTY OTHER THAN I CARE; THE ACCURACY, DEPENDABILITY, PRIVACY,
SECURITY, AUTHENTICITY OR COMPLETENESS OF DATA TRANSMITTED OVER OR OBTAINED
FROM THE INTERNET; AND FAILURE TO PERFORM ANY OBLIGATION HEREUNDER, OR FROM ANY
DELAY IN THE PERFORMANCE OF ANY OBLIGATION HEREUNDER DUE TO CIRCUMSTANCES
BEYOND OUR REASONABLE CONTROL, SUCH AS ACTS OF GOD, WAR, REVOLUTION, CIVIL
COMMOTION, TERRORIST ACTS, FIRE, EXPLOSION, POWER FAILURE, LAW, REGULATION,
DIRECTIVE, ORDER ORDINANCE, OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY
(FOREIGN OR DOMESTIC), IMPRACTICABILITY, OR LABOR UNREST. Additionally, neither
I CARE, nor any Member, Qualified NPOs, or any of their respective employees,
officers, directors, third party agents or assigns ("Program
Parties"), shall be liable for failure to accurately track your Eligible
Purchases in the event of a computer system failure or interruption beyond
their reasonable control. None of these entities shall be liable for your
failure to receive a Contribution as a result of a computer system failure or
interruption. Limitation of Liability: TO
THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM PARTIES AND THEIR RESPECTIVE
EMPLOYEES, DIRECTORS, AND AFFILIATES ARE NOT LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR LOSS OF USE DAMAGES AS A RESULT OF THE USE OF, OR
THE INABILITY TO USE, I CARE'S WEBSITE, PARTICIPATION, OR INABILITY TO
PARTICIPATE, IN THE PROGRAM, INFORMATION CONTAINED ON OUR WEBSITE. Limitation of Liability.
IN NO EVENT WILL I CARE OFFICE SUPPLIES, LLC BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT,
YOUR USE OF OUR WEBSITE OR PARTICIPATION IN OUR PROGRAM, EVEN IF I CARE OFFICE
SUPPLIES, LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE
FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4)
TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE
DISSATISFIED WITH THE PROGRAM, YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST I CARE Office
Supplies, LLC WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM. Release of Liability YOU
HEREBY AGREE TO RELEASE, AND FOREVER DISCHARGE I CARE AND ITS AFFILLIATES,
PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND EACH OF THEIR
RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED
PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS,
DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES,
COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF
THE SERVICE. Your Communications to Us: You agree that we may rely on your oral and
electronic instructions and communications to us. We are entitled to rely upon
oral instructions from any person claiming to be you, provided that we have
followed our normal verification procedures. We may follow any instructions
received by electronic means through I Care's website just as if you had given
such instructions in person, regardless of whether you have personally
initiated such instructions. Our Communications to You: You consent to receiving communications such as
reports, correspondence, and other information from us electronically through either
(i) your Account; or (ii) the email address you provide to us. I Care is not
responsible for your inability to connect to the Internet, receive electronic
communications or access our website. Electronic communications are presumed to
be received by you when sent by us, whether they are actually received or not.
You acknowledge that you have the necessary computer hardware and software to
receive email correspondence or other electronic information from us. Assignment: We may assign our rights and/or obligations
under this Agreement in whole or in part, without your consent. No Waiver; Severability: I Care's failure to insist upon strict
compliance with any provision contained in this Agreement shall not be deemed a
waiver of such provision or any other provision contained herein. If any
provision of this Agreement is deemed by a court of law to be invalid, such
determination shall not affect the remaining provisions of this Agreement. Modifications: I Care reserves the right to modify the terms of
this Agreement at any time in its sole discretion and without notice to you.
Anytime modifications or amendments are made, we will post the revised Member
Agreement on our website and your continued participation in the Program and
failure to terminate this Agreement shall be deemed your ratification of the
Agreement as amended. No other act, document, usage or custom will be deemed a
modification to this Agreement. This Agreement will
be governed by and construed in accordance with the internal laws of the State
of Georgia, excluding that body of laws known as choice of law or conflict of
laws. Subject to the provisions of this Section, all disputes, controversies or
claims (except civil wrongs or criminal acts, intentional or otherwise,
committed by you) arising out of or relating to this Agreement will be resolved
through mandatory binding arbitration conducted in Atlanta, Georgia, before
J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United
States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and
(iii) this Agreement. The arbitration will be conducted in accordance with the
provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect
at the time of filing of the demand for arbitration (the "JAMS
Rules"), subject to the provisions of this Section. The terms set forth in
this Agreement will control in the event of any inconsistency between such
terms and the JAMS Rules. The parties will cooperate with JAMS and with each
other in promptly selecting a single arbitrator from JAMS's panel of neutrals.
If the parties fail to so select an arbitrator within thirty (30) days
following the date of either party's notice of demand to conduct arbitration,
then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The
award of the arbitrator will be in writing and will set forth findings of fact
and conclusions of law. Judgment on the arbitrator's award will be final and
binding upon the parties and may be entered in any court having jurisdiction
thereof. If for any reason JAMS or its successor no longer is in business, then
the arbitration shall be conducted in accordance with the commercial
arbitration rules of the American Arbitration Association. The arbitrator's
fees will be shared equally by the parties and each party will bear its own
costs and attorneys' fees. All papers, documents, or evidence, whether written
or oral, filed with or presented in connection with the arbitration proceeding
will be deemed by the parties and by the arbitrator to be confidential
information of both parties. The arbitrator chosen in accordance with these
provisions will not have the power to alter, amend or otherwise affect the
terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding
the foregoing, nothing in this Section shall prevent either party from applying
for and obtaining from a court a temporary restraining order and/or other
injunctive relief. Entire Agreement: This
Agreement, along with I Care's rules and policies posted on our website
including, without limitation, our Privacy Notice, represents the entire
agreement and understanding between us and you with respect to the Program, and
supercedes and cancels any and all prior written or oral agreements and understandings
with respect to the Program, including, without limitation, earlier versions of
this Agreement that may have been accepted by you through our website or
otherwise.
Terms of Use
Termination
Disclaimer
Indemnification
Exclusion of Damages
Jurisdiction/Arbitration