St. Jude Gifts That Give
Terms and Conditions
American Lebanese Syrian Associated Charities, Inc. (“ALSAC”), the fundraising and awareness organization for St. Jude Children’s Research Hospital (“St. Jude”), operates the “St. Jude Gift That Gives” donation application (the “App”) and provides Service to enable merchant (“Merchant,” “you,” or “your”), who uses Shopify to power its store (“Merchant Store”), to install and use the App to give customers an opportunity to make a donation to St. Jude. Throughout the App, the terms “we”, “us”, and “our” refer to ALSAC. ALSAC and Merchant are each a “party” and, collectively, the “parties”. ALSAC offers this App, including all information, tools, and Service (collectively, “Service”) available from this App to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms carefully before accessing or using our App. By installing, accessing or using any part of the App, including but not limited to, the add-on donation capability of the App, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, do not access this App or use any Service.
Any new features or tools which are added to the App shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to this App. It is your responsibility to check this page periodically for changes. By continuing to use the App and/or the Service offered by or through the App, you are deemed to have accepted the Terms, as amended.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws. You must not transmit any worms, malware or viruses or any code of a destructive nature. You may not use the Service in such a way to deceive third parties about your connection, affiliation or partnership with the ALSAC/St. Jude.
A breach or violation of any of the Terms may result in an immediate termination of your Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or any contact on the App through which the service is provided, without express prior written permission by ALSAC.
You agree to provide current, complete, and accurate account information for all transactions occurring on or in connection with this App. You agree to promptly update your account, credit card, and other information so that we can complete your transactions and contact you as needed.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our App. It is your responsibility to check our App periodically for changes. Your continued use of or access to our App or the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and the revised Terms. If you do not wish to agree to any such new or revised Terms, you should refrain from further accessing or using the App.
We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
Donations and amounts contributed by Merchant’s customers to benefit St. Jude shall immediately become the property of St. Jude at the time of purchase or contribution. Merchant covenants and agrees to hold all money or proceeds as a trust (but without interest) for the benefit of St. Jude and for no other purpose, pending payment to St. Jude under these Terms. Your credit card on file will be charged weekly for the total amount of donations and funds collected by you from your customers for St. Jude that week. Merchant authorizes ALSAC to charge its credit card provided on a weekly recurring basis for the total amount of donations and funds collected by Merchant from its customers that week. Merchant agrees that all donations from customers are final and non-refundable. If you or your customer has questions about the total amount of donations charged, please contact: GTGSupport@stjude.org.
It is understood that Merchant is not soliciting donations or collecting proceeds on behalf of ALSAC or St. Jude as a paid or professional fundraiser; and that Merchant will receive no compensation from St. Jude as a condition to Merchant’s volunteer efforts and conduct of the Terms.
Merchant acknowledges that ALSAC has a policy of not endorsing products and nothing contained herein shall be construed as ALSAC’s performing business or advertising Service for Merchant. It is the parties’ intention that any action taken by ALSAC in support of the Agreement will be consistent with ALSAC’s customary mechanisms, channels, and procedures for publicizing its charitable mission, obtaining support and donations, and acknowledging payments.
Each party shall obtain the prior written consent of the other party concerning the content and plan of distribution of any public announcement, press release or advertisement concerning this Agreement. However, consent may be withheld by Merchant or ALSAC in its absolute discretion.
Each party shall keep confidential, and shall not disclose to any third person, all information which it has, obtains or otherwise utilizes in connection with its relationship with the other party, including (a) all written or oral information, data, donor information, patient information, reports, opinions, conclusions, analyses and other work product pertaining to the above that is collected on behalf of ALSAC by Merchant or that is provided by ALSAC, including all information related to specific patients and donors, (b) any credit, legal, asset, economic, marketing and collateral files, and (c) the substance, terms, conditions or fact of any discussion between ALSAC and Merchant concerning any of the foregoing.
The App (and any technical components thereof) and any original content included therein are and will remain the exclusive intellectual property of ALSAC. The “St. Jude Trademarks” are defined as: the App (any technical components thereof) and any original content included therein, the Service, the St. Jude and ALSAC names, trade names, trademarks, service marks, designs, trade dress and logos. You must obtain signed, written, advance approval of ALSAC for each use of our “St. Jude Trademarks”. You may not use the names of current or former St. Jude and ALSAC officers, directors, employees or affiliated physicians, or faculty, except upon the prior written consent of both ALSAC’s CEO and St. Jude’s CEO. You may not approach and may not use or make public the name or story of any current or former St. Jude patient or family for purposes of stories, profiles, testimonials, news, public awareness, or any other publicity.
Subject to ALSAC approval of Merchant, ALSAC grants you a limited, non-exclusive, non-transferable, royalty-free, revocable license to access and use the App and the St. Jude branded content on the App in and in connection with you accessing and using the App to allow your customers to donate to St. Jude in accordance with the Terms.
Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related App is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on the App, including without limitation, except as required by law.
Your use of the App is subject to all applicable laws and regulations, and you are solely responsible for your use of the App on your Merchant Store. ALSAC always welcomes the opportunity to develop new corporate partnerships and we value the enthusiasm that is generated by our mission. In order to ensure that this enthusiasm is sustained, it is necessary to limit the types of activities St. Jude will support. Our ALSAC team evaluates companies with a firm reputation and strong brand image who would like to make a contribution that is significant and clearly defined to the consumer. By using the App and any Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – on your Merchant Store, related Merchant website, or social media account that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies or solicits others to perform or participate in any such acts;
- victimizes, harasses, degrades, abuses, insults, harms, defames, slanders, disparages, discriminates or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, national origin, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or violates any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- impersonates any person or entity, including any of our employees, officers, directors, physicians, patients or representatives;
- is false or contains misleading information;
- collects or tracks the personal information of others; or
- interferes with or circumvents the security features of the Service or any related App, other applications, or the Internet. We reserve the right to terminate your use of the Service or any related App for violating any of the prohibited uses.
ALSAC does not accept any partnership or fundraising proposals that include or are within the following categories:
- Adult content
- Alcoholic beverages
- Dangerous products/firearms
- Live animals
- Pharmaceutical/medical supplies
- Toxic substances
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Merchant or users of the App. We have the right at our sole discretion to review and reject any Merchant from using the App or remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our App, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content or the App. You hereby consent to such removal and waive any claim against us arising out of such removal of content or the App.
In addition, you may not use your App account to breach security of another App account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else's use and enjoyment of the App or the Service.
You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any information from this App in any form or by any means without prior written permission from ALSAC, and you are solely responsible for obtaining permission before using any copyrighted material that is available on this App.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the Service that may be obtained from the use of the App will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Service delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE APP FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY SERVICE THROUGH THIS APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
In no case shall ALSAC or St. Jude or the ALSAC or St. Jude directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless ALSAC, St. Jude, and their respective directors, officers, and employees from any and all claims, demands, liabilities, lawsuits, settlements, actions, damages and expenses whether or not litigation is commenced (including without limitation, reasonable attorneys’ fees) arising from or related to (i) any negligent act or omission of, by you; (ii) any breach or violation of these Terms or your representations and warranties contained herein; or (iii) your violation of the law or the rights of a third party. This section shall survive any termination, cancellation or expiration of your use of the App and/or the Service offered therein.
These Terms are effective unless and until terminated by either you or us. Without any prior notice or liability, we may elect to terminate or suspend your access to and use of this App, the Service offered therein, or your access to this App or the Service at any time and for any, or no, reason. In the event of termination, your obligations under the Terms, which by their nature will continue until fulfilled, including ownership, warranty disclaimer or limitation of liability provisions.
We may terminate this App, your access to this App and/or the Service offered herein, and/or the Service immediately without notice if we determine, in its sole discretion, that any of the ALSAC or St. Jude Trademarks are being used without permission, improperly or wrongfully, or that liability or undesirable publicity will attach to ALSAC or St. Jude, or that the reputation and good will of ALSAC or St. Jude is jeopardized.
Section headings are for convenience only and shall not be considered part of the terms and conditions.
These Terms and your agreement thereto shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions. The parties submit to the exclusive jurisdiction of and venue in the appropriate courts located in Memphis, Tennessee. These Terms along with such other Terms referenced herein contain the entire agreement of the Parties and supersedes all prior agreements or understanding as to the subject matter covered by these Terms.
These Terms constitutes the entire understanding and agreement, and supersedes any and all prior or contemporaneous representations, understandings, and agreements, whether oral or written, all of which are merged in these Terms. If any part is found to be unenforceable, the remaining portions of these Terms will remain in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.