Terms of Service

Welcome to our Website. By using our site, you are agreeing to comply with and be bound bythe following terms of use. Please review the following terms carefully. If you do not agree tothese terms, you should not use this site. The term “SYW” or “us” or “we” or “our” refers toShare Your Wish, LLC., the owner of the Website. The term “you” refers to the user or viewer ofour Website.

This is an event Site where a host creates an event page that the host’s guests may visit and useto contribute funds to the event. These funds, less transaction fees and other costs, will bedistributed to the host’s designated charity as a charitable donation, and via a gift card to thehost’s event designee.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement")with respect to our Website (the "Site"). This Agreement constitutes the entire and onlyagreement between us and you, and supersedes all prior or contemporaneous agreements,representations, warranties and understandings with respect to the Site, the content, products orservices provided by or through the Site, and the subject matter of this Agreement. ThisAgreement may be amended at any time by us from time to time without specific notice to you.The latest Agreement will be posted on the Site, and you should review this Agreement prior tousing the Site.

Visiting the Site or sending emails to SYW constitutes electronic communications. You consentto receive electronic communications, and you agree that all agreements, notices, disclosures andother communications that We provide to you electronically, via email and on the Site, satisfyany legal requirement that such communications be in writing.

When using the Site, you are responsible for maintaining the confidentiality of your account andpassword and for restricting access to your computer, and you agree to accept responsibility forall activities that occur under your account or password. You may not assign or otherwisetransfer your account to any other person or entity. You acknowledge that SYW is notresponsible for third party access to your account that results from theft or misappropriation ofyour account. SYW reserves the right to refuse or cancel service or terminate accounts, in oursole discretion.

SYW collects limited personally identifiable information from adult users over the age ofeighteen (18). Adult users may provide information regarding their children who are under theage of eighteen (18). SYW collects this information for the sole purpose of personalizing thehost's event page correctly. The Site specifically collects the following personal data regardingthe guest:

• Name
• date of Birth, and
• gender

This information is never disclosed to any party other than the host and invited guests, unless the host specifically opts to allow disclosure of host’s designee’s name on the Site’s "Award Wall" (or other medium in any format).

We provide information about our personal data practices for children wherever we knowinglycollect personal data regarding children on our site. If you are under the age of thirteen (13), youcannot use the Site without the consent of a parent or guardian. If you are a parent and havequestions regarding our data collection practices, please contact us using the informationprovided at the end of this Agreement. If you are under the age of eighteen (18), you may use theSite only with the involvement of a parent or guardian.

2. Intellectual Property.

The content, organization, graphics, design, compilation, magnetic translation, digital conversionand other matters related to the Site are protected under applicable copyrights, trademarks andother proprietary (including but not limited to intellectual property) rights. The copying,redistribution, use or publication by you of any such matters or any part of the Site, except asallowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to anycontent, document or other materials viewed through or downloaded from the Site. The postingof information or materials on the Site does not constitute a waiver of any right in suchinformation and materials. Some of the content on the Site is the copyrighted work of thirdparties.

3. Service and Trademarks.

"Share Your Wish" and “Share Your Wish Teach Share Inspire” are our servicemarks. Otherproduct and company names mentioned on the Site may be trademarks of their respectiveowners.

4. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use theSite strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal,non-commercial purposes; and (c) to print out discrete information from the Site solely forinternal, personal, non-commercial purposes and provided that you maintain all copyright andother policies contained therein. No printout or electronic version of any part of the Site or itscontents may be used by you in any litigation or arbitration matter whatsoever under anycircumstances.

5. Restrictions and Prohibitions on Use; Use of Communication Services.

Your license for access and use of the Site and any information, materials or documents(collectively defined as “Content and Materials”) therein are subject to the following restrictionsand prohibitions on use: You may not (a) copy, print (except for the express limited purposepermitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan orotherwise make available in any form or by any means all or any portion of the Site or anyContent and Materials retrieved therefrom; (b) use the Site or any materials obtained from theSite to develop, of as a component of, any information, storage and retrieval system, database,information base, or similar resource (in any media now existing or hereafter developed), that isoffered for commercial distribution of any kind, including through sale, license, lease, rental,

subscription, or any other commercial distribution mechanism; (c) create compilations orderivative works of any Content and Materials from the Site; (d) use any Content and Materialsfrom the Site in any manner that may infringe any copyright, intellectual property right,proprietary right, or property right of us or any third parties; (e) remove, change or obscure anycopyright notice or other proprietary notice or terms of use contained in the Site; (f) make anyportion of the Site available through any timesharing system, service bureau, the Internet or anyother technology now existing or developed in the future; (g) remove, decompile, disassemble orreverse engineer any Site software or use any network monitoring or discovery software todetermine the Site architecture; (h) use any automatic or manual process to harvest informationfrom the Site; (i) use the Site for the purpose of gathering information for or transmitting (1)unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domainnames, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimiletransmissions; (j) use the Site in a manner that violates any state or federal law regulating email,facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or anyportion thereof, or any software available on or through the Site, in violation of the exportcontrol laws or regulations of the United States.

The Site may contain bulletin board services, chat areas, news groups, forums, communities,personal web pages, calendars, and/or other message or communication facilities designed toenable you to communicate with the public at large or with a group (collectively,"Communication Services"). You agree to use the Communication Services only to post, send,and receive messages and material that are proper and related to the particular CommunicationService, and so long as the content is not illegal, obscene, threatening, defamatory, invasive ofprivacy, infringing of intellectual property rights (including publicity rights), or otherwiseinjurious to third parties or objectionable, and does not consist of or contain software viruses,political campaigning, commercial solicitation, chain letters, mass mailings, or any form of"spam" or unsolicited commercial electronic messages. You may not use a false e-mail address,impersonate any person or entity, or otherwise mislead as to the origin of a credit card or othercontent. SYW reserves the right (but not the obligation) to remove or edit such content, but doesnot regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SYW anonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce,modify, adapt, publish, perform, translate, create derivative works from, distribute, and displaysuch content throughout the world in any media. You grant SYW and sublicensees the right touse the name that you submit in connection with such content, if they choose. You represent andwarrant that you own or otherwise control all of the rights to the content that you post; that thecontent is accurate; that use of the content you supply does not violate this policy and will notcause injury to any person or entity; and that you will indemnify SYW for all claims resultingfrom content you supply. SYW has the right, but not the obligation, to monitor and edit orremove any activity or content. SYW takes no responsibility and assumes no liability for anycontent posted by you or any third party.

6. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing orotherwise, the copyright notice or other notices on the Site, (b) your site does not engage in

illegal or pornographic activities, and (c) you discontinue providing links to the Site immediatelyupon request by us.

7. Cancellation/Refund Policy.

A host may request a refund for an event upgrade and purchased items within thirty (30) days ofpurchase. A guest may request a refund for a contribution that has not yet been disbursed.Disbursement of the Gift Fund portion is made as a percentage of the host's chosen DonationLevel, approximately seven (7) days prior to the event date, and the Donation Fund portion isdistributed one (1) day after the event date. All refund requests must be made via https://www.shareyourwish.com/contact-us, or via email at admin@shareyourwish.com.

8. Registration.

Certain sections of, or offerings from, the Site may require you to register. If registration isrequested, you agree to provide us with accurate, complete registration information. Yourregistration must be done using your real name and accurate information. Each registration is foryour personal use only and not on behalf of any other person or entity. We do not permit (a) anyother person using the registered sections under your name; or (b) access through a single namebeing made available to multiple users on a network.

9. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmfulcomponents, or that defects will be corrected. We do not represent or warrant that theinformation available on or through the Site will be correct, accurate, timely or otherwisereliable. We may make changes to the features, functionality or content of the Site at any time.We reserve the right in our sole discretion to edit or delete any documents, information or othercontent appearing on the Site.

10. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We arenot responsible for and assume no liability for any mistakes, misstatements of law, defamation,omissions, falsehood, obscenity, pornography or profanity in the statements, opinions,representations or any other form of content on the Site. You understand that the information andopinions in the third party content represent solely the thoughts of the author and is neitherendorsed by nor does it necessarily reflect our belief.

11. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and totake any action we deem appropriate, including but not limited to reporting any suspectedunlawful activity to law enforcement officials, regulators, or other third parties and disclosingany information necessary or appropriate to such persons or entities relating to your profile,email addresses, usage history, posted materials, IP addresses and traffic information.

12. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors,employees, subcontractors, successors, assigns, third party suppliers of information anddocuments, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

13. Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you toobtain information or documents is not transferable or assignable.

14. Disclaimer.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITEARE PROVIDED "AS-IS" , "AS AVAILABLE", WITH “ALL FAULTS”, AND ALLWARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOTLIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THEINFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OROTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITYWHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT ASPROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATIONTHEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANYINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IFADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION ANDLIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OFTHE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THEPRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULDNOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITEOR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION ORGUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSESCONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENTIS DISCLAIMED.

15. Limitation of Liability

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage ofany kind resulting in any way from (a) any errors in or omissions from the Site or any services orproducts obtainable therefrom, (b) the unavailability or interruption of the Site or any featuresthereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failurein performance beyond the control of a Covered Party.

16. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all informationregarding Site uses by you and all information provided by you in any manner consistent withour Privacy Policy. All remarks, suggestions, ideas, graphics, or other informationcommunicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas(including without limitation, product, service or advertising ideas) and will not incur anyliability as a result of any similarities that may appear in our future products, services oroperations. Without limitation, we will have exclusive ownership of all present and futureexisting rights to the Submission of every kind and nature everywhere. We will be entitled to usethe Submission for any commercial or other purpose whatsoever, without compensation to youor any other person sending the Submission. You acknowledge that you are responsible forwhatever material you submit, and you, not us, have full responsibility for the message,including its legality, reliability, appropriateness, originality, and copyright.

17 Third-Party Services.

Certain services made available via the Site are delivered by third party Websites andorganizations. By using any product, service or functionality originating from the Site’s domain,you hereby acknowledge and consent that SYW may share such information and data with anythird party with whom SYW has a contractual relationship to provide the requested product,service or functionality on behalf of the Site’s users and customers.

You agree that use of or purchase from such third party Websites is AT YOUR SOLE RISKAND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OROTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES AREWE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEENYOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANTSITES OR ANY OTHER SITE LINKED TO OUR SITE. See our Privacy Policy for specific details.

18. Third-Party Policies.

All rules, policies (including privacy policies) and operating procedures of third party Websiteswill apply to you while on any third party Websites. We are not responsible for informationprovided by you to third party Websites. We and the third party sites are independent contractorsand neither party has authority to make any representations or commitments on behalf of theother.

19. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You mustreview this Privacy Policy by clicking on this link.

20. Payments.

You represent and warrant that if you are purchasing something from us that (i) any creditinformation you supply is true and complete, (ii) charges incurred by you will be honored byyour credit card company, and (iii) you will pay the charges incurred by you at the posted prices,including any applicable taxes. We do not directly collect any credit information from You.

21. Links to other Websites.

The Site contains links to other Websites. We are not responsible for the content, accuracy oropinions express in such Websites, and such Websites are not investigated, monitored or checkedfor accuracy or completeness by us. Inclusion of any linked Website on our Site does not implyapproval or endorsement of the linked Website by us. If you decide to leave our Site and accessthese third-party sites, you do so at your own risk.

22. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe thatyour work has been copied in a way that constitutes copyright infringement, please provide ourCopyright Agent the following information in a Notice, pursuant to the Digital MillenniumCopyright Act: 

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

b. A description of the copyrighted work that you claim has been infringed

c. A description of where the material that you claim is infringing is located on the Site

d. Your address, telephone number, and email address

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of Claims of Copyright Infringement on the Site can be reachedby directing an e-mail to the Copyright Agent at admin@shareyourwish.com.

23 Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation toupdate this information or any press releases. Information about companies other than ourscontained in the press release or otherwise, should not be relied upon as being provided orendorsed by us.

24. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinancesand regulations regarding your use of the Site and the content and materials provided therein.

25. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Westchester, NY,and shall be governed by and construed in accordance with the laws of the State of New York(without regard to conflict of law principles). Any cause of action by you with respect to the Site(and/or any information, documents, products or services related thereto) must be institutedwithin one (1) year after the cause of action arose or be forever waived and barred. All actionsshall be subject to the limitations set forth in Section 14 and Section 15. The language in thisAgreement shall be interpreted as to its fair meaning and not strictly for or against any party.This Agreement and all incorporated agreements and your information may be automaticallyassigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.Should any part of this Agreement be held invalid or unenforceable, that portion shall beconstrued consistent with applicable law and the remaining portions shall remain in full force

and effect. To the extent that anything in or associated with the Site is in conflict or inconsistentwith this Agreement, this Agreement shall take precedence. Our failure to enforce any provisionof this Agreement shall not be deemed a waiver of such provision nor of the right to enforce suchprovision. Our rights under this Agreement shall survive any termination of this Agreement.

26. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services,excluding legal action taken by us to collect or recover damages for, or obtain any injunctionrelating to, Site operations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of AAA. Any suchcontroversy or claim shall be arbitrated on an individual basis, and shall not be consolidated inany arbitration with any claim or controversy of any other party. The arbitration shall beconducted in Westchester County, New York, and judgment on the arbitration award may beentered into any court having jurisdiction thereof. Either you or we may seek any interim orpreliminary relief from a court of competent jurisdiction in New York, New York necessary toprotect the rights or property of you and us pending the completion of arbitration. Each partyshall bear one-half of the arbitration fees and costs incurred.