The following Terms (as defined below) for the eScrip Program (as defined below) and the eScrip.com site is a legal contract between you, an individual user (a “Supporter”) or a Subscribing Organization (as defined below) (collectively “you”) and Electronic Scrip Incorporated (“ESI”) regarding your participation in the eScrip Program and use of the eScrip.com site, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE ESCRIP PROGRAM (AS DEFINED BELOW) AND/OR USING THE ESCRIP.COM WEB SITE. By clicking the “I Agree” button below, you signify your assent to these Terms of Service, including any Guidelines (as defined below) (collectively the “Terms and Conditions” or “Terms”). If you do not agree to these Terms of Service, please click on the “I Decline” button below and do not participate in the eScrip Program or use the eScrip site. ESI reserves the right, at our discretion, to change, modify and/or to remove portions of these Terms and Conditions and the terms and conditions of any Program at any time. In the event that ESI materially changes, materially modifies, and/or removes material portions of these Terms, ESI will post notice of such change on the eScrip.com site, and you will be required to affirmatively agree to the modified Terms the next time that you log-in to the eScrip.com site. Any such changes shall be effective immediately once posted on the eScrip.com site. You agree to receive notification of modifications to these Terms via the email address that you provide to ESI, if any. Please check these Terms and Conditions periodically for changes. When participating in the eScrip Program and/or using the eScrip.com site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms and Conditions.
Eligibility
In order to use the eScrip Program and/or the eScrip.com site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 13, as the eScrip Program and the eScrip.com site are not intended for children under 13. If you are an individual that is using or opening an account on the eScrip.com site on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization. Subscribing Organizations are also subject to the Subscribing Organization Terms which are incorporated by reference herein.
General
ESI operates various opportunities for Subscribing Organizations, including: (1) eScrip Retail Shopping, (2) eScrip Online Shopping, and (3) eScrip Recycling Program (collectively referred to as the “eScrip Program” or “Program”). ESI may add additional Programs in its sole discretion, the terms and conditions for which are hereby incorporated by reference. ESI has established the eScrip Program to benefit United States organizations that support youth education in the United States. A Subscribing Organization must be enrolled in the Program in order to receive contributions from participating merchants in connection with the Program.
Participating merchants may impose certain limitations or restrictions upon their participation in the eScrip Program, including, without limitation, by limiting the categories of purchases that are eligible to earn contributions, by setting overall contribution limits or regional contribution limits, or placing restrictions/conditions on the Subscribing Organization’s use of contributions. If a Subscribing Organization fails to comply with any restrictions imposed by the participating merchant, ESI is not obligated to pay contributions to the Subscribing Organization. To find out merchant participation criteria for a particular Subscribing Organization, you may visit www.escrip.com and either go to merchant search or visit the Subscribing Organization’s group page (if and when the applicable group page is made available by ESI). Group participation by merchant will be listed under program details of the merchant. ESI reserves the right to discontinue or alter the Terms and Conditions of the Program, including the participating merchants, the contribution percentages, and the registered Card (as defined herein) types that are accepted by merchants, at any time without prior notice.
If you choose to support more than one Subscribing Organization (you may support a maximum of three different qualified Subscribing Organizations), ESI will split your contribution amount equally between your multiple designations and provide reporting of each contribution.
ESI provides a number of services to Subscribing Organizations including, but not limited to: reporting tools, software support and development, marketing support, in-field training, promotional campaign assistance and new merchant referral contact. ESI charges a nominal group administration fee to Subscribing Organizations which is deducted from your earned contributions.
You must enroll as a registered user to participate in the eScrip Program. You agree to participate in the eScrip Program in accordance with ESI policies and procedures in effect from time to time. You represent and warrant that the information you provide to ESI upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify eScrip immediately. You acknowledge, consent, and agree that ESI may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) provide certain customized features of the eScrip Program to you, if any, or respond if you contact ESI for any reason; or (e) protect the rights, property, or personal safety of ESI, its users, and the public. You will not use the eScrip Program in a manner that is prohibited by law, rule or regulation. You agree not to (a) sell, resell, rent or lease access to the eScrip Program and/or eScrip.com site, (b) interfere with or disrupt the integrity or performance of the eScrip.com site or third-party data contained therein, or (c) attempt to gain unauthorized access to the eScrip.com site or its related systems or networks.
You may terminate your account and participation in the Program by contacting ESI at supporters@escrip.com. ESI RESERVES THE RIGHT TO TERMINATE ANY ESCRIP PROGRAM AND/OR ACCOUNT AT ANY TIME. If ESI terminates this Agreement for fraud, illegal activity, misuse of the eScrip Program and/or eScrip.com Site (as determined by ESI in its sole discretion), and/or your violation of these Terms, then ESI shall have no obligation to provide any contributions which you have accumulated prior to the date of termination to your designated Subscribing Organization(s).
Where a Subscribing Organization is inactive with ESI, but is accumulating contributions from purchases made by consumers, the Subscribing Organization has 180 days from the last day of the quarter where the initial contributions were earned to activate by enrolling on the eScrip Program to receive said contributions. If such a Subscribing Organization does not enroll within 180 days from the last day of the quarter where the contributions were earned, such Subscribing Organization forfeits all rights to these contributions. An active Subscribing Organization is a school or organization that has completed the eScrip Program enrollment form and meets criteria for enrollment, and agrees to the terms and conditions of said enrollment.
ESI IS NOT OBLIGATED TO PAY ANY CONTRIBUTION TO YOUR PARTICIPATING SUBSCRIBING ORGANIZATION UNLESS ESI ACTUALLY RECEIVES THE CORRESPONDING PAYMENT FROM THE AFFILIATE MERCHANT.
eScrip Retail Shopping
TThe eScrip Program offers eScrip Retail Shopping. eScrip Retail Shopping allows you to register your VISA, MasterCard, American Express, Debit and Select Store Loyalty Cards ("Cards") with the eScrip Program to direct contributions generated in connection with purchases made with these registered Cards to the designated Subscribing Organization. To participate, you must register one or more Cards with the eScrip Program by completing a registration form on the eScrip.com site or by mailing or faxing this information to ESI.
Store and catalog shopping is offered by a variety of participating merchants. To direct a contribution to a designated Subscribing Organization through store and catalog shopping, you must register a Card and make a purchase at any of the participating merchant locations or via the merchant’s catalog using a registered Card. The amount of the contribution shall be subject to (1) the amount of the purchase (2) the eScrip Program’s contribution policies in effect at the time of the purchase is made and (3) other terms and conditions agreed upon by ESI and the participating merchant (to find out merchant participation criteria for a particular Subscribing Organization, you may visit www.escrip.com and either go to merchant search or visit the Subscribing Organization’s group page (if and when the applicable group page is made available by ESI)). Contributions may be subject to an adjustment in the event of returns by you and subject to other terms and conditions between ESI and the participating merchants. ESI tracks purchases made with registered Cards at participating merchants and directs the resulting contributions to the designated Subscribing Organization. Only those Cards designated by the merchant will be tracked for contributions -- see individual merchant details. Only purchases made by Supporter or by other individuals living at the Supporter’s registered address will be eligible to earn contributions. ESI is not obligated to pay contributions to your designated Subscribing Organization if ESI suspects that the purchase activity on a given Card is in excess of the level expected by ESI for purchases by individuals living at a single registered address (as determined by ESI in its sole discretion), and such contributions will be returned to/retained by the participating merchant or redirected by ESI (in ESI’s sole discretion). All of your Card information shall be processed by ESI in accordance with its Privacy Policy.
By registering your Card and agreeing to participate in the Program, you understand that your designated Subscribing Organization will receive the following figures: 1) total purchase amount made with registered Cards, and 2) total contribution paid by merchants. Your designated Subscribing Organization will also receive your name, Supporter ID, address, phone number and enrollment date along with tools and program participation information in order to promote your participation in any of the eScrip Programs.
eScrip Online Shopping
The eScrip Program provides a shopping service administered by a third party that aggregates various online merchants who have affiliate marketing programs. When you click through a link on the eScrip.com web site to the participating merchant site, and you do not click on any special offers or discounts offered by the affiliate merchant but make a purchase, and make payment for the purchase directly to the affiliate merchant a referral fee is earned and paid to ESI. Upon ESI’s receipt of this payment ESI will pay to your participating Subscribing Organization the contribution posted on ESI’s online mall site currently located at shopping.escrip.com (the “Online Mall”) at time of purchase. This contribution will be paid within 60 days of the end of the calendar month in which ESI receives payment from the affiliate merchant.
Affiliate merchants operate independently of, and are not under the control of ESI in any way. Affiliate merchants may impose conditions or restrictions different from, or in addition to, those described at the Online Mall or in these Terms and Conditions. Each affiliate merchant has reserved the right to change at any time, and without notice, the amount of percentage of any contribution it offers as well as the terms and conditions of any qualifying purchase. Contributions may be subject to an adjustment in the event of returns by you or your participation in special promotional events and discounts offered by the affiliate merchant.
ESI does not operate or control the products or services offered by third parties, promotional partners or participating affiliate merchants. Third party web-sites and online affiliate merchants accessed through the Online Mall are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. ESI is not a party to the transactions entered into between you and the affiliate merchants with which you choose to do business.
Unlike eScrip Retail Shopping purchases, Online Mall purchases are not tracked by a using a registered Card. Instead, Online Mall purchases are tracked from your computer once you have authenticated (identified yourself). You only have to authenticate yourself initially. Please not that if you shop online using someone else’s computer as you won’t be recognized as the shopper if that person has already authenticated.
In order to earn the rebates for your designated Subscribing Organization(s) you MUST visit the Online Mall first and then go to the merchant’s website through the Online Mall. If you go directly to the merchant’s site or use another mall site you will not earn contributions for your designated Subscribing Organization(s). To help remind you of this ESI offers the AutoEARN software and service (the “AutoEARN Feature”). The AutoEARN Feature is administered by a third party. If you forget to go through the Online Mall the AutoEARN Feature can (in most cases) still qualify your purchases for contributions by automatically redirecting your activity as though you had gone through the Online Mall. NOT ALL ONLINE MALL MERCHANTS PARTICIPATE IN THE AUTOEARN FEATURE, INCLUDING, WITHOUT LIMITATION, EBAY, INC. AND AMAZON.COM, INC. This list is subject to change at any time. YOU MUST ACCESS SUCH NON-PARTICIPATING PARTIES’ SITES BY FIRST GOING TO WWW.ESCRIP.COM AND SELECTING THE ONLINE MALL LINK.
Unlike the eScrip Retail Shopping purchases, Online Mall purchases are tracked, and contribution payments are made by the affiliate merchant in accordance with the merchant’s internal policies. Some merchants pay quarterly others semi annually and some make payment once a year. Not withstanding anything to the contrary herein, ESI is not obligated to pay any contribution to your designated Subscribing Organization until ESI actually receives the corresponding payment from the affiliate merchant.
eScrip Recycling Program
The eScrip Recycling Program allows Subscribing Organizations to collect inkjet, laser and toner cartridges, as well as cell phones and recycle these products. The Subscribing Organization in turn earns a contribution for every "acceptable" cartridge or cell phone (as determined by ESI in its sole discretion). All cartridges and cell phones valid for recycling are listed on the "Cartridge Acceptance List". For complete program details, please contact your eScrip group coordinator.
Limitations
You understand that ESI does not operate or control the products or services offered by participating merchants. The merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. ESI is not a party to the transactions entered into between you and participating merchants. YOU AGREE THAT PARTICIPATION IN THE ESCRIP PROGRAM IS AT YOUR SOLE RISK AND THAT THE ESCRIP PROGRAM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL ESI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND PARTICIPATING MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE ESCRIP.COM SITE. IN NO EVENT SHALL ESI NOR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE ESCRIP PROGRAM OR THE ESCRIP.COM SITE OR FROM THE FAILURE TO MAKE CONTRIBUTIONS TO THE DESIGNATED SUBSCRIBING ORGANIZATIONS, REGARDLESS OF WHETHER ESI OR ITS AFFILIATES WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL ESI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ESCRIP.COM SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED FIFTY DOLLARS ($50 USD). YOU AUTHORIZE ESI AND ITS AFFILIATES TO PERFORM ALL ACTIONS NECESSARY HEREUNDER, INCLUDING WITHOUT LIMITATION, THE DIRECTING OF CONTRIBUTIONS TO A SUBSCRIBING ORGANIZATION DESIGNATED BY YOU.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
Intellectual Property
All trademarks, logos and service marks ("Marks") displayed on the eScrip.com site are the property of ESI and other parties. You are prohibited from using any Marks for any purposes without the written permission of ESI or such third party, which may own these Marks. All information and content on the eScrip.com website, including software programs available on or through the eScrip.com site ("Content") is protected by copyright. Except as expressly permitted herein, you are prohibited from copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, and creating derivative works of or from using any Content available on or through the eScrip.com site for any purpose.
Dispute Resolution
IIf a dispute arises between you and ESI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ESI agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
Choice of Law/Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute You may have against ESI must be resolved by the federal and state courts located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the “Arbitration Option” paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such Claims or disputes. Notwithstanding the foregoing, ESI may consider reasonable requests to resolve such disputes through binding arbitration as an alternative to litigation.
Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 and not filed on behalf of a putative class, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration at ESI’s sole cost and expense. In the event a party elects arbitration, the dispute shall be resolved through binding non-appearance-based arbitration through the American Arbitration Association (“AAA”), and in accordance with the AAA’s Commercial Arbitration Rules available online at http://www.adr.org. Notwithstanding the foregoing, AAA and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this “Arbitration Option” paragraph and without any abridgment of the powers of the arbitrators.
MiscellaneousIf any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may be assigned or transferred by ESI without restriction. You are not permitted to assign or transfer your rights hereunder without the prior written consent of ESI. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. These Terms (including all other terms on the eScrip.com web site which are incorporated by reference) constitute the entire agreement between you and ESI, and completely replace any prior agreements between you and ESI in relation to the eScrip Program and the eScrip.com site. These Terms may not be amended or varied by you except in writing, signed by an authorized representative of ESI. You and ESI are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.