TRACY HAMILTON INC. makes available for your use on our web sites located at WWW.FUNDRAISINGZONE.COM and WWW.SCHOOLHOLIDAYSHOP.COM (the “Sites”) information, documents, software and products (collectively, the “Content”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing the Sites, you agree to the Terms of Use. TRACY HAMILTON INC. reserves the right to change the Terms of Use from time to time at its sole discretion without notice. Your use of the Sites will be subject to the most current version of the Terms of Use posted on the Sites at the time of such use. There may be additional terms and conditions relating to your use of certain portions of the Sites. If you use these other portions of the Sites, you will also be bound by those other terms and conditions. If you breach any of the Terms of Use, your authorization to use this Sites automatically terminates and you must immediately destroy any Content downloaded or printed from the Sites.

INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks, service marks, logos and other intellectual property rights in the Sites, any Content and any Services are owned by and shall at all times remain the property of TRACY HAMILTON INC. and/or third parties. TRACY HAMILTON INC. DOES NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Sites, the Content or the Services. You may only use such intellectual property as specifically authorized by these Terms of Use. You grant TRACY HAMILTON INC. permission to use on the Sites or in connection therewith all comments, graphics, ideas and other information you provide to TRACY HAMILTON INC. through the Sites, email or other means.

COPIES

Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored or used in any form or by any means without TRACY HAMILTON INC.’s prior written consent.

CONTENT

You may view, download and print the Content subject to the following conditions:

  1. The Content may be used solely for your personal, informational, internal and noncommercial purposes.
    2. The Content may not be modified or altered in any way.
    3. The Content may not be distributed.
    4. You may not remove any copyright or other proprietary notices contained in the Content.
    5. TRACY HAMILTON INC. reserves the right to revoke your authorization to view, download and print any Content at any time, and you must discontinue any such use immediately upon written notice from TRACY HAMILTON INC.
    6. The rights granted to you in these Terms of Use constitute a revocable, non-exclusive, personal, non-transferable license and NOT a transfer of title.

Elements of the Sites (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

USE AND PROTECTION OF ACCOUNT ID AND PASSWORD AND OR LOGIN CREDENTIALS

Should the Sites include an account ID or password, you are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.

WARRANTIES AND DISCLAIMERS. THE SITES, ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRACY HAMILTON INC. MAKES NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITES WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITES WILL BE CORRECTED OR (vi) THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The downloading or other acquisition of any Content, Services or products through the Sites 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, loss of data or other damage or loss that results from any such downloading or acquisition. No advice or information, whether oral or written, that you obtain from TRACY HAMILTON INC. or through or from the Sites will create any warranty not expressly stated in these Terms of Use.

The Sites contains links to third-party Internet Sites that are not under TRACY HAMILTON INC.’s control. TRACY HAMILTON INC. makes no representations whatsoever about any other web sites to which you may have access through the Sites. When you access a web site other than the Sites, you do so at your own risk and TRACY HAMILTON INC. is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on these Internet sites or for the quality of any products or services available on these other Internet Sites. TRACY HAMILTON INC. provides these links merely as a convenience and the inclusion of such links does not imply that TRACY HAMILTON INC. endorses, recommends or accepts any responsibility for the content or use of these Internet Sites.

IN NO EVENT WILL TRACY HAMILTON INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITES OR ANY OTHER MATTER RELATING TO THE SITES, THE CONTENT, THE SERVICES OR ANY INTERNET SITES REFERENCED OR LINKED TO FROM THE SITES (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT TRACY HAMILTON INC. COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOUR INFORMATION

Refer to the TRACY HAMILTON INC. Privacy Policy on how TRACY HAMILTON INC. protects your personal information. To the extent you provide any information to TRACY HAMILTON INC. while using the Sites, you represent and warrant that all such information is accurate and complete in all respects.

TERMINATION AND MODIFICATION

TRACY HAMILTON INC. may modify or terminate the Sites, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Sites, at any time without notice. The Content or Services may be out of date, and TRACY HAMILTON INC. makes no commitment to update any Content or Services.

INAPPROPRIATE BEHAVIOR

Any of the following may result in your suspension or permanent expulsion from the Sites. The sole test of whether or not you have engaged in such behavior is TRACY HAMILTON INC.’s own discretion. Certain behaviors also may result in criminal or civil action.

  1. Use of vulgar or offensive language, including in your username or email address.
    2. Perpetration of illegal, abusive or unethical activity.
    3. Threat of physical violence.
    4. Threat of destruction of property.
    5. Harassment of any person.
    6. Making any racially, sexually or otherwise offensive comment.
    7. Distribution of obscene material or use of obscene or sexually suggestive language.
    8. Violation of privacy, including without limitation the involuntary public disclosure of a third party’s phone number, mailing or email address or other personal or private information.
    9. Defacement of any part of the Sites.
    10. Hacking, the deliberate distribution of a computer virus or any access or attempt to access other areas of any computer equipment on which the Sites is located or other information contained on such computer equipment for any purpose.
    11. Gambling or promotion of gambling.
    12. Infringement of the intellectual property or other proprietary rights of any party.

INDEMNITY

You agree to indemnify and hold harmless TRACY HAMILTON INC. and its subsidiaries, affiliates, officers, agents, affiliates, co-branders and employees from and against any cost, expense, indebtedness, liability, loss, claim or demand, including without limitation reasonable attorneys’ fees and disbursements, arising out of content you submit, post to or transmit through the Sites, your use of the Sites or any Content or Services, your connection to the Sites, your violation of these Terms of Use or your violation of any rights of TRACY HAMILTON INC. or any other individual or entity.

NOTICES

You may send notices to TRACY HAMILTON INC. at 337 Merrick Road, Suite Five, Lynbrook, New York, 11563.  Phone: (516) 764-3770. Any notice will be effective upon actual receipt by TRACY HAMILTON INC. TRACY HAMILTON INC. may send notices to you through e-mail, regular mail or a posting on the Sites. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting on the Sites.

PRIVACY POLICY

Your privacy is of the utmost importance to our company, especially in these times of identity theft. Our company values the trust you have placed in us – we take it seriously. We will not rent, trade or in any way market your personal information to any third parties for the purpose of financial gain.

SECURITY

We take precautions to protect your information, however we cannot guarantee that third parties may gain access to it through unlawful means. When you submit sensitive information via the website, your information is protected both online and offline.  We do not accept credit card payments at our web sites.

GOVERNING LAW AND JURISDICTION

These Terms of Use (i) may be amended by TRACY HAMILTON INC. at any time by posting an amendment on the Sites, whether or not you actually receive notice of the amendment., (ii) inure to the benefit of, and are binding upon, you and TRACY HAMILTON INC. and each of your and TRACY HAMILTON INC.’s successors and assignees, except that you may not assign any of your obligations under these Terms of Use without TRACY HAMILTON INC.’s prior written consent, (iii) are governed by and will be interpreted and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws and (iv) constitute the entire agreement between you and TRACY HAMILTON INC. with respect to the subject matter hereof, and supersede all prior oral and written proposals, representations, understandings and agreements. You and TRACY HAMILTON INC. will submit any dispute relating to the Sites, the Content, the Services or these Terms of Use exclusively to a federal or state court located in the County of Nassau, New York and consent to its being a proper venue for such dispute. TRACY HAMILTON INC. makes no representation that the Sites, the Content or the Services are appropriate or available for use in locations other than the State of New York, and accessing them from territories where they are illegal is prohibited. Those who choose to access this Sites from other locations do so exclusively on their own initiative, for their own purposes, and are responsible for compliance with local laws.

Thank you for visiting the web sites owned and maintained by TRACY HAMILTON INC., and for reviewing our policies. This policy was last updated on March 11, 2017.