THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO
YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU
ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE
TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN
ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION
OR COMPANY TO THESE TERMS AND CONDITIONS.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT
AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii)
LEGAL AGE TO FORM A BINDING CONTRACT WITH CHARITY ON TOP, PBC, OR (C) ARE PROHIBITED
FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR
SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products
and services through www.charityontop.org (the "Site"). These Terms are subject to
change by Charity on Top, PBC and Charity on Top Foundation, Inc. (referred to as
"us", "we", or "our" as the context may require) without prior written notice at any
time, in our sole discretion. Any changes to the Terms will be in effect as of the
"Last Updated Date" referenced on the Site. You should review these Terms prior to
purchasing any product or services that are available through this Site. Your
continued use of this Site after the "Last Updated Date" will constitute your
acceptance of and agreement to such changes.
placing an order for products or services through this Site (see Section 9).
Order Acceptance and Cancellation. You agree that your order is an offer to
buy, under these Terms, all products and services listed in your order. All orders
must be accepted by us or we will not be obligated to sell the products or services
to you. We may choose not to accept orders at our sole discretion, even after we
send you a confirmation email with your order number and details of the items you
Prices and Payment Terms.
Prices posted on this Site may be different from the prices for our products or
services offered at physical retail locations or on other websites. All prices,
discounts, and promotions posted on this Site are subject to change without
notice. The price charged for a product or service will be the price in effect
at the time the order is placed and will be set out in your order confirmation
email. Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All
such taxes and charges will be added to your merchandise total, and will be
itemized in your shopping cart and in your order confirmation email. We strive
to display accurate price information, however we may, on occasion, make
inadvertent typographical errors, inaccuracies or omissions related to pricing
and availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing
and that are governed by terms and conditions separate from these Terms. If
there is a conflict between the terms for a promotion and these Terms, the
promotion terms will govern.
- Unless otherwise described on the Site or on promotional material related to the
product or service at the time of purchase, the following Disclosure Concerning
Affiliate Fee Sharing shall apply to all purchases made through this Site:
Disclosure Concerning Affiliate Fee Sharing
This card is issued by Charity on Top Foundation, Inc., a California nonprofit
corporation and 501(c)(3) tax-exempt organization ("COT Foundation"). 100% of
the Card Value constitutes a tax-deductible donation to COT Foundation. 96.25%
of the Card Value will be directed to a qualified third-party charity. Your tax-deductible receipt is emailed to you immediately upon purchase and a
copy can be requested of it at any time by emailing us at
inquire / charityontop, com. If you establish an account at charityontop.org, you
may download your tax deduction receipt(s) at any time through your account
login. This card may not be resold, and is not refundable or redeemable for cash
or credit and cannot be replaced if lost or stolen. Purchase, use or acceptance
of this card constitutes acceptance of the Terms and Conditions at
charityontop.org/terms, which may change at any time.
Terms of payment are within our sole discretion and, unless otherwise agreed by
us in writing, payment must be received by us before our acceptance of an order.
We accept Visa, MasterCard, AMEX, Discover and use payment processing services
such as PayPal, Stripe, Square and others, for all purchases. You represent and
warrant that (i) the credit card information you supply to us is true, correct
and complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit card
company, and (iv) you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes, if any,
regardless of the amount quoted on the Site at the time of your order.
Unless otherwise described on the Site or on promotional material related to the
product or service at the time of purchase, the following Disclosure Concerning
Tax Deductibility of Purchase shall apply to all gift card purchases made
through this Site:
Disclosure Concerning Tax Deductibility of
NEITHER CHARITY ON TOP, PBC NOR CHARITY ON TOP FOUNDATION, INC. make any
warranty, guarantee, promise, or affirmative representation concerning the tax
deductibility of any gift card purchase made on this Site or elsewhere. We
hereby disclaim any responsibility to ensure the tax deductibility of your Card
Please consult your independent legal counsel and/or tax advisor to gain
advice concerning whether your purchase on our Site will constitute a
tax-deductible charitable contribution.
The amount of the Card Value purchased is contributed to Charity on Top Foundation,
Inc., a California nonprofit corporation and 501(c)(3) tax-exempt organization. The
amount of the Card Value may be tax deductible for you (the "Purchaser"). The card
recipient ("Recipient") may direct up to 96.25% of the Card Value to a qualified
To be eligible for a tax deduction in the amount of the Card Value, the Purchaser
must not derive any personal benefit from the charity to which the Purchaser or
Recipient ultimately contributes the Card Value or any portion thereof. Furthermore,
if the Purchaser is an officer, director, or control person associated with the
charitable recipient of the Card Value, the Card Value contribution may not be tax
deductible or may not be considered public support for the charitable recipient.
By making your purchase, you hereby covenant, guarantee, and agree that you
will neither seek nor receive any personal benefit from any charitable recipient
of the Card Value, and you agree to indemnify and hold harmless both Charity on
Top, PBC, and Charity on Top Foundation, Inc. from any tax or other liability,
penalties, expenses, costs, or damages that you or either entity may incur as a
consequence of your receipt of any such personal benefit. The foregoing shall in
no way diminish the indemnification to which either entity is entitled pursuant
to Section 7 of this Agreement.
By making your purchase, you hereby acknowledge that, if your purchase of the Card
Value is tax deductible, you will seek your tax deduction receipt from Charity on
Top Foundation, Inc. only, and not from any third-party charitable recipient of the
Card Value. You furthermore acknowledge that, if your purchase of the Card Value is
tax deductible, your purchase will be deductible only once even if you direct a
portion of the Card Value to be transferred to a qualified third-party charity.
Your tax-deductible receipt is emailed to you immediately upon purchase and a copy
can be requested of it at any time by emailing us at inquire / charityontop, com. If
you establish an account at charityontop.org, you may download your tax deduction
receipt(s) at any time through your account login.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the purchase
order page for specific delivery options. You will pay all shipping and handling
charges specified during the ordering process. Shipping and handling charges are
reimbursement for the costs we incur in the processing, handling, packing,
shipping, and delivery of your order.
- Title and risk of loss pass to you upon our transfer of the products to the
carrier. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable damages, costs, or expenses you may incur as a
consequence of any delay in transfer or shipment, and all products will remain
non-refundable even in the event of delayed shipment.
Returns and Refunds. ALL SALES ARE FINAL. GIFT CARDS ARE NON-REFUNDABLE.
For defective returns, please refer to the manufacturer’s warranty (see Section 6)
included with the product or as detailed in the product’s description on our
Manufacturer’s Warranty and Disclaimers. We do not manufacture any of the
products offered on our Site. The availability of products or services through our
Site does not indicate an affiliation with or endorsement of any product, service or
manufacturer. Accordingly, we do not provide any warranties with respect to the
products or services offered on our Site.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF
MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY
AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE,
OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR
OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE
SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR
FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY
OBLIGATIONS TO YOU.
Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF,
OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF
(A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU
FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Goods Not for Resale. You represent and warrant that you are buying products
or services from the Site for your own personal use only (including for the use of
giving your purchased product to another individual or entity), and not for resale.
You further represent and warrant that all purchases are intended for final delivery
to locations within the US.
Privacy. We respect your privacy and are committed to protecting it. Our
collected from you in connection with your purchase of products or services through
Force Majeure. We will not be liable or responsible to you, nor be deemed to
have defaulted or breached these Terms, for any failure or delay in our performance
under these Terms when and to the extent such failure or delay is caused by or
results from acts or circumstances beyond our reasonable control, including, without
limitation, acts of God, flood, fire, earthquake, explosion, governmental actions,
war, invasion or hostilities (whether war is declared or not), terrorist threats or
acts, riot or other civil unrest, national emergency, revolution, insurrection,
epidemic, lockouts, strikes or other labor disputes (whether or not relating to our
workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, materials or telecommunication
breakdown or power outage.
Governing Law and Jurisdiction. This Site is operated from the US. All matters
arising out of or relating to these Terms are governed by and construed in
accordance with the internal laws of the State of California without giving effect
to any choice or conflict of law provision or rule (whether of the State of
California or any other jurisdiction) that would cause the application of the laws
of any jurisdiction other than those of the State of California.
Dispute Resolution and Binding Arbitration.
YOU, CHARITY ON TOP FOUNDATION, INC., AND CHARITY ON TOP, PBC ARE AGREEING TO
GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A
CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS)
BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF
PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association
("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules")
then in effect, except as modified by this Section 12. (The AAA Rules are
available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)
The Federal Arbitration Act will govern the interpretation and enforcement
of this section.
The arbitrator will have exclusive authority to resolve any dispute relating
to arbitrability and/or enforceability of this arbitration provision,
including any unconscionability challenge or any other challenge that the
arbitration provision or the agreement is void, voidable or otherwise
invalid. The arbitrator will be empowered to grant whatever relief would be
available in court under law or in equity. Any award of the arbitrator(s)
will be final and binding on each of the parties, and may be entered as a
judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’
fees, the arbitrator may award reasonable fees to you under the standards
for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than
arbitration if you provide us with written notice of your intention do so
within 30 days of your purchase. The arbitration or small-claims court
proceeding will be limited solely to your individual dispute or
You agree to an arbitration on an individual basis. In any dispute, NEITHER
YOU NOR CHARITY ON TOP, PBC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS
BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE
PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A
PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate
more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding. The arbitral tribunal has no power
to consider the enforceability of this class arbitration waiver and any
challenge to the class arbitration waiver may only be raised in a court of
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms
will be enforced.
Assignment. You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported
assignment or delegation in violation of this Section 13 is null and void. No
assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms
will not constitute a waiver of future enforcement of that right or provision. The
waiver of any right or provision will be effective only if in writing and signed by
a duly authorized representative of Charity on Top, PBC.
No Third-Party Beneficiaries. These Terms do not and are not intended to
confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a
message to the email address you provide or (ii) by posting to the Site.
Notices sent by email will be effective when we send the email and notices
we provide by posting will be effective upon posting. It is your
responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows by
personal delivery, overnight courier or registered or certified mail to
Charity On Top, 117 E. Colorado Blvd., #200 Pasadena, CA 91105. We may
update the address for notices to us by posting a notice on the Site.
Notices provided by personal delivery will be effective immediately. Notices
provided by overnight courier will be effective one business day after they
are sent. Notices provided by registered or certified mail will be effective
three business days after they are sent.
Severability. If any provision of these Terms is invalid, illegal, void or
unenforceable, then that provision will be deemed severed from these Terms and will
not affect the validity or enforceability of the remaining provisions of these
Entire Agreement. Our order confirmation, these Terms, our Website Terms of
you and us on the matters contained in these Terms.