SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS:
The Shirts in School web site and other services and web
properties are suited primarily for the use of English speakers and,
therefore, this License Agreement is written in English and is addressed
to English speakers. If you are not proficient in English and feel that you
cannot properly understand this License Agreement, we recommend that you either
retain the help of an English speaker to help you understand and accept the
terms of this License Agreement or, alternatively, refrain from installing or
using the Software and Services provided herein. In any event, if you choose
to install or Use the Shirts in School website, you will be bound by
License Agreement incorporated herein.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. Shirts in School
("SIS") web site and other SIS services and web properties ("Service"),
owned and operated by SIS, is provided to the
member community under the following Terms of Service and any operating rules
or policies that may be published by SIS. The Terms of Service comprise the
entire agreement between Member and SIS and supersede all prior agreements
between the parties, regarding the subject matter contained herein. By
participating in the registration process, members are indicating their
agreement to be bound by all of these Terms of Service.
2.Payment. Upon successfully completing the shirt wearing campaign, your account
will be credited $10.00. In order to receive payment, you must submit a request to SIS
using the electronic request form provided to you via your member account
webpage. Your member account webpage will contain a calculation showing the
amount of money accrued in your account. In case of a dispute as to the amount
accrued, the amount shown in your account is final and binding upon you in all
respects. You may only request payment, and SIS shall only disburse from your
account, when your account is equal to or greater than $20.00 for United States
residents and $50.00 for those residents outside the United States. In the event
of technical problems or data loss which causes a loss of account information,
your account will be reset at $0.00, and you hereby waive any and all claims
for any amount previously accrued but not yet disbursed. All payments shall be
by Paypal or check, made payable to you, and sent to you at your last known address via
the U.S. Postal Service, first class mail. There will be a check processing fee
of $3.00 (three dollars) and any payment returned to SIS shall be voided, and
your account shall be deleted and any accrued amounts will be forfeited
3. DESCRIPTION OF SERVICE. SIS is providing Member with opportunities to get rewarded
while wearing t-shirts in exchange for performing certain actions as desired by our advertisers and providing SIS
with information as described below. Member agrees to:
(1) create only one account per household and, (2) provide certain current,
complete, and accurate information about Member as prompted to do so by the
Service including information requested on original sign-up ("Account Information")
and, (3) maintain and update this information as required to keep it current,
complete and accurate, and (4) to allow SIS to access and collect information
and data from Member (collectively referred to as the "Member Information").
SIS will not share, sell, trade, or give away personally identifiable Member
information to third parties without Members' explicit permission. By registering
for the Service, Member authorizes and grants SIS explicit and express permission
to: (1) contact Member with important information about Members' accounts and
updates to our services, policies and business practices, (2) share and disclose
to third parties Member Information. SIS will discontinue contacting Member and collecting and
sharing Member Information upon Member's termination of Member's membership. SIS
collects online behavior statistical information from its members. Upon
termination of the online session and/or the closing of the browser, Member
Information will no longer be collected. SIS gathers Member Information to improve
the administration of the services and to increase the earning potential of
SIS's Members. Member Information will be made available to third parties. If any
information provided by Member is incomplete or inaccurate, SIS retains the right
to terminate Member's membership and rights to use the Service.
4. MODIFICATIONS TO TERMS OF SERVICE. SIS may change these Terms of Service from time
to time. Upon any change in these Terms of Service, SIS will notify all members via
email, web site and/or service messages. Member's continued use of the Service constitutes
an affirmative: (1) acknowledgment by Member of these Terms of Service and any
modifications; and (2) agreement by Member to abide with and be bound by these Terms of
Service and modifications. SIS reserves the right to modify or discontinue the Service
with or without notice to Member. SIS shall not be liable to Member or any third party
should SIS exercise its right to modify or discontinue the Service.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Member is entirely responsible for the
maintenance and the confidentiality of his/her Member login email and password. Furthermore,
Member is entirely responsible for any and all activities, which occur under his/her user
name and password. Member agrees to immediately notify SIS of any unauthorized use of any
breach of security known to Member.
6. DISCLAIMER OF WARRANTY. SERVICE IS DEEMED ACCEPTED BY MEMBER. THE SERVICE IS PROVIDED AS
IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIS
FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT, SIS MAKES NO WARRANTY THAT THE SERVICE
WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; SIS DOES NOT PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. SIS MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IN NO EVENT SHALL SIS OR ITS BUSINESS PARTNERS
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES, LOST REVENUE, PROFIT OR DATA,
OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SIS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO MEMBER.
7. LIMITATION OF LIABILITY. SIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE,
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE ASSETS, EVEN IF SIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL SIS'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
EXCEED $500.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. COPYRIGHT. The SOFTWARE and all applicable text or html documents are copyrighted with all
rights reserved. No part of the SOFTWARE or SOFTWARE documents may be reproduced or transmitted
in any electronic, mechanical or other form without prior written authorization from SIS. For
further information, please contact SIS.
9. OTHER LIMITATIONS. SIS retains the right, at its sole discretion, to determine whether or
not Member's conduct is consistent with the Terms of Service. SIS reserves the right to
terminate all members' accounts that do not comply with the Terms of Service.
10. NO RESALE OF THE SERVICE. Member's right to use the Service is personal to Member. Member
agrees not to resell the Service without the express consent of SIS.
11. MEMBER CONDUCT. Member is solely and fully responsible for the contents of his/her
transmissions through the Service. Members use of the Service is subject to all applicable
local, state, and international laws and regulations. Member agrees: (1) to comply with US
law regarding the transmission of technical information; (2) not to use the Service for
illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of networks connected to the
Service. Member agrees not to transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Member agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, or international law or regulation. Member will not use the
Service for chain letters, unsolicited email, spamming or any use of distribution lists
to any person who has not given specific permission to be included in such a process. SIS
will cancel membership privileges, terminate service and take legal action against any user
of its service that utilizes any of the acts described above.
12. INDEMNIFICATION. Member agrees to indemnify and hold SIS, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including reasonable
attorneys fees, made by any third party due to or arising out of Member's use of the Service,
the violation of these Terms of Service by Member, or the infringement by Member, or other
user of the Service using Member's computer, of any intellectual property or other right
of any person or entity.
13. TERMINATION. If Member objects to any of these Terms of Service or any subsequent
modifications thereto or becomes dissatisfied with the Service in any way, Member's only
recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service
membership. Upon written request, SIS will provide Member with instructions for removing
any software which may have been installed on the Installed Computer.
14. GOVERNING LAWS. These Terms of Service shall be governed by and construed in accordance
with the laws of the state of New Hampshire. Member and SIS agree to submit to the exclusive
jurisdiction of the courts of the state of New Hampshire. If any provision(s) of these Terms
of Service is held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. SIS failure to
exercise or enforce any rights or provisions of these Terms of Service shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by SIS in writing.
Member and SIS agree that any cause of action arising out of or related to this Service must
commence within six (6) months after the cause of action arose; otherwise, such cause of
action is permanently barred.
15. AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law,
you agree not to bring, join or participate in any class action as to any claim, dispute or
controversy you may have against us or our agents, servicers, directors, officers and employees.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a
participant in the suit. You agree to pay the attorney's fees and court costs we incur in
seeking such relief. This agreement is not a waiver of any of your rights and remedies to
pursue a claim individually and not as a class action in binding arbitration as provided above.
This agreement not to bring or participate in class action suits is an independent agreement
and shall survive other relationships.
The section titles in these Terms of Service are solely used for the convenience of the parties
and have no legal or contractual significance.
