PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON "ACCEPT" AND ENTERING THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.]

 

NBA-E Gift Cards for Kids
Terms and Conditions Of Access and Use of Website

  1. Acceptance of Terms

Carefully read the terms of this agreement before using this website or entering any information to this site. Your access to and use of this website is expressly conditioned on your acceptance of and compliance with these terms. If you do not agree with these terms you should NOT click on "Accept", and you should leave this website immediately. As used herein, the term "you" or "your" refers to you individually and in your capacity acting as legal representative for a group, business entity or corporation.

  1. Description of Website

This website is provided by National Business Alliance for Education, LLC (“NBA-E”) in order to provide information regarding its Gift Cards for Kids Program (the “Program”), and to provide an efficient method for eligible non-profit organizations to request access to the Program. The Program is a means for certain eligible non-profit organizations, specifically those working with, on behalf of, and for the benefit of children, to raise money. Your organization's eligibility to utilize the Program shall be determined in NBA E's sole discretion.

  1. Request for Access to Program - Your Registration Obligations

In order to request that your organization be considered by NBA-E for access to the Program, an authorized representative of your organization must complete the registration form on this website.

  1. NBA-E Privacy Policy

You should fully review NBA-E's Privacy Policy prior to registration or entering any information relating to yourself or your organization. The Privacy Policy summarizes what personally identifiable information we may collect from you, and how we may use that information.

  1. Copyright, Trademarks and Patents

These Terms and Conditions, all materials on this website, and any materials as may be provided by NBA-E are protected by copyright laws, and may contain the notice Copyright © NBA-E, 112-115th Ave. NE #518, St. Petersburg, FL 33716.  All Rights Reserved.

NBA-E, Funding Solutions for Education, Gift Cards for Kids, and all other trademarks, unless otherwise indicated, are owned by NBA-E, and protected by trademark laws. All other brand names, product names, or trademarks are the property of their respective holders.

NBA-E's Program contains processes and information on which patents are pending, including but not limited to business process patents, and to which other proprietary rights and laws apply.

Subject to these Term and Conditions, NBA-E grants to you a non-exclusive, non-transferable, limited right to access the NBA-E website. You agree not to reproduce, distribute, share, duplicate, copy, sell, trade, modify, display, make derivative works, resell or exploit for any commercial purposes any portion of the Program or the Proprietary Information, materials provided, or information contained on the website or contained within these Terms and Conditions. You shall not take any action that would impair the value or goodwill associated with the Program or Proprietary Information. You agree to take all reasonable precautions to prevent the use or access of the website by any other individual. You acknowledge and agree that any and all use of NBA-E's Program and the Proprietary Information shall inure to the benefit of NBA-E. Any use of the Program or Proprietary Information not expressly permitted by a Program Partner Agreement executed by NBA-E may violate copyright, trademark, and other laws. NBA-E actively and aggressively enforces its intellectual property rights to the fullest extent provided by law.

The term "Proprietary Information" for purposes of this Agreement means each and all of the following items of information, and data in any form, whether tangible or intangible, relating to NBA-E or the Program, and its business, products, and services that are made known to you, irrespective of the novelty, invention, patentability, the state of the prior art, and the level of skill in the business, art, or field to which the subject matter pertains, and including, without limitation, any information made known to or disclosed to you prior to your agreement to these Terms and Conditions-

  • Information, whether or not constituting a trade secret at law, relating to NBA-E's business, products, and services, including business formats, plans and strategies; methods of operation, administration and management; business processes, procedures and systems, computer and communications systems including its electronic records or card processing systems; costs, profitability, pricing policies, customer, client, and Partner lists, markets, and marketing strategies; card processors, retailers, contractors, suppliers and others doing business with NBA-E; and billing, reimbursement, and accounting procedures and practices.
  • Information, including electronically produced data and computer software and programs in either machine-readable or human-readable form or supporting documentation residing or existing internal or external to a computer, or computer system, website, or network;
  • Any literary, pictorial, sculptural, graphic, audio or visual work, whether published or unpublished, and whether copyrightable or not, in whatever form and in whatever media, relating to NBA-E or the Program, and NBA-E's business, products, and services;
  • All information relating to NBA-E or the Program, and its business, products, and services that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other Persons who can obtain economic value from its disclosure or use;
  • Any report, analysis, list, data, study, compilation, program, device, method, technique, process or invention that is created, authored, developed or prepared by the NBA-E or its employees, agents or servants, that contains or is based, in whole or in part, on any information related to the Program; and
  • Any revision, modification, translation, abridgment, condensation, expansion, collection, compilation or other form in which an existing work of authorship may be recast, transformed, ported or adapted which is a "derivative work" under the United States copyright law.
  1. Non-Competition and Confidentiality

By accessing the website, you hereby acknowledge and covenant, individually and as an authorized representative of your eligible non-profit organization, that NBA-E holds valuable trade secrets, intellectual property, and other confidential business information in relation to the Program, and therefore in consideration for being permitted access to the NBA-E website you hereby agree, for a period of five (5) years from the latest date you access the website, that you, your eligible non-profit organization, its officers, directors, employees, volunteers, advisors, consultants, and agents shall not, directly or indirectly, on its own account or for others, compensated or not, manage, operate, control, or invest in any business, or engage in, utilize, participate, assist, adopt or use similar trademarks or trade names, or consult in relation to any products, techniques, processes or services, that are the same or similar to those utilized in the Program.

You agree, for five (5) years from the latest date you access the website, to keep secret and retain in strict confidence and not to use, publish, disseminate or disclose any of the Proprietary Information (whether or not conceived, originated, discovered, or developed by you), unless expressly authorized to do so by NBA-E in writing. You agree to take all precautions as may be reasonably necessary to prevent unauthorized use or disclosure of the Proprietary Information, and shall not use the Proprietary Information for your own benefit or for the benefit of any person or entity other than NBA-E.

Due to the competitive nature of the business in which NBA-E is engaged, you acknowledge and agree that any breach of the provisions of Section 5 or 6 these Terms and Conditions is likely to result in irreparable injury to NBA-E and that the remedy at law alone will be an inadequate remedy for such breach, and that in addition to any other remedy it may have, NBA-E shall be entitled to seek both temporary and permanent injunctive relief (to the extent permitted by law) without the necessity of posting a bond or proving actual damages.

In the event that any provision of this Section 6 relating to the time periods or areas of restrictiveness or the remedies is deemed by a court to be unreasonable and unenforceable, the time period, areas of restriction, and/or remedy or other related aspects as deemed reasonable and enforceable by the court shall remain enforceable to the fullest extent allowed by the court.

  1. Links to Third Party Sites

This website may provide links to other World Wide Web sites or resources. Because NBA-E has no control over such sites and resources, you acknowledge and agree that NBA-E is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NBA-E shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  1. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY MATERIALS, SERVICES, OR PROVIDED TO YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT YOUR ORGANIZATION WILL REALIZE ANY LEVEL OF INCOME OR PROFIT THROUGH USE OR ACCESS TO THE WEBSITE.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NBA-E, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS, WHETHER ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  1. Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NBA-E AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY MEMBER OF YOUR ORGANIZATION OR THE GENERAL PUBLIC FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NBA-E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE FUNDRAISING PRODUCTS, METHODS OR SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE.

  1. Indemnity

You agree individually and, as an authorized representative, on behalf of your organization, to indemnify and hold NBA-E and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your or your organization's conduct or omissions, including but not limited to use of the website, or violation of any rights of another.

  1. Modifications to and Termination of Website

NBA-E reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice, and for any or no reason. You agree that NBA-E shall not be liable to you, your organization, or any third party for any modification, suspension or discontinuance of the website.

  1. General Information
    1. Waiver

The failure or decision by NBA-E to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision.

    1. Severability of Terms

In the event that any provision of these Terms and Conditions is determined to be in conflict with law or otherwise held to be invalid by a court of competent jurisdiction, you agree that (i) such provision shall be deemed to be amended and restated to reflect as nearly as possible the original intentions of the parties in conformity with applicable law, and (ii) the remaining terms, provisions, and restrictions of this Agreement shall remain in full legal force and effect.

    1. Governing Law; Venue

These Terms and Conditions shall be governed by and construed under the laws of the State of Florida, without consideration for its conflicts of laws provisions. You agree that any dispute arising out of your use of the website or otherwise pertaining to these terms and conditions shall be submitted to binding arbitration to be held in Pinellas County, Florida or litigated in a state or federal court located in and having jurisdiction over Pinellas County, Florida.