The portion of the Test-ify, Inc. website associated with the donation of money or items to Test-ify, Inc. (the “Nonprofit”) via this ecommerce platform (the “Donation Store”) is operated and maintained by Rohrtran, LLC (“Rohrtran”or “we”, “us”, “our”). All questions and claims regarding the Donation Store portion of the Nonprofit’s website shall be directed to Rohrtran. These Terms of Service (the “Terms“) are a binding between you and Rohrtran regarding your use of the Donation Store. Please read the Terms carefully.
Please note that Rohrtranmay have financial relationships with some of the merchants listed in the Donation Store. Rohrtran may be compensated if consumers choose to utilize some of the links located throughout the content on this site and make donations via the Donation Store.Please also note that Phi Tran is currently an employee and officer of the Nonprofit and he is also part of Rohrtran and he may benefit from the Nonprofit’s use of Rohrtran products.
1. The Purchase of Items Through the Donation Store and Tax Deductions
In an attempt to maximize the potential that you will be able to claim a tax deduction for your donation to the Nonprofit, you acknowledge that through your use of the Donation Store, the Nonprofit has made you an authorized purchasing agent of the Nonprofit for solely those items which you purchase for the Nonprofit through the Donation Store. You consent to the appointment as an authorized purchasing agent of the Nonprofit under these Terms and confirm that you are not receiving any goods or services in exchange for this appointment, nor for the purchase of any goods or services through the Donation Store. This structure should increase the chance that your purchase will be deductible for income and state tax purposes, and it avoids sales tax having to be charged as part of the transaction.
Regarding your purchases through the Donation Store, you acknowledge that the Nonprofit will receive the same or substantially similar item to the one you selected and purchased in the Donation Store. For example, certain items listed in the Donation Store may not be available in the size or in the time frame desired by the Nonprofit. In such cases, the item(s) shipped to the Nonprofit may be slightly different than the one pictured in the Donation Store. You acknowledge and consent to this practice.
You also acknowledge and agree that any cash donation you make through the Donation Store, including cash donations made towards the purchase of an item in the Donation Store, are unrestricted cash donations to the Nonprofit. Rohrtran and the Nonprofit will work to have any funds donated through the “Make a Partial Donation” feature in the Donation Store applied towards the purchase of the selected item. However, if additional donations made through the “Make a Partial Donation” feature for that same item have not been made to complete the purchase of the item within 30 days from your donation, the Nonprofit may use your cash donation for other purposes. You acknowledge and agree that the Nonprofit always had the right to use the cash donation for any purpose as it was an unrestricted cash donation.
The person or entity associated with the user account used to make a purchase in the Donation Store will be the person or entity credited with the donation to the Nonprofit. While the Nonprofit is a 501(c)(3) organization, you acknowledge that neither the Nonprofit nor Rohrtran guarantee that any donations made by you to the Nonprofit through the Donation Store will be deductible for income and state tax purposes. Please consult with your tax advisor for clarification. With that said, the Nonprofit does acknowledge that it did not provide you with any goods or services in whole or in partial consideration for your donation through the Donation Store.
2. Copyright and Limited License
The Donation Store and all information, data, and other content and materials available on the Donation Store, including, without limitation, the Rohrtran logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of Rohrtran and/or its suppliers, owners and licensors and are protected by U.S. and international copyright laws.
If you comply with all the terms and conditions of these Terms, Rohrtran grants you a limited, personal, revocable, non-transferable, and non-exclusive license to access the Donation Store and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your personal, and non-commercial purposes only. The Donation Store is for your personal use and not for resale or further distribution. This license is revocable at any time.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Donation Store; (b) rent, lease, or sublicense access to the Donation Store; nor (c) circumvent or disable any security or technological features or measures of the Donation Store.
3. Account Registration
You may register for and maintain an account to access additional features, such as tax deduction receipts to the Donation Store. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms through the Donation Store (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use in the Donation Store; and (c) maintain and promptly update the Registration Data, and any other information you provide to Rohrtran, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security.
4. Use Restrictions
You will not: (a) use this Donation Store for any commercial purpose; (b) access, monitor or copy any content or information on the Donation Store using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Donation Store or bypass or circumvent other measures employed to prevent or limit access to the Donation Store; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Donation Store (including, without limitation, the direct link to a coupon) for any purpose without our express written permission; (f) “frame”, “mirror” or otherwise incorporate any part of the Donation Store into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Donation Store for public or commercial purposes without our express written permission. Nothing in the Donation Store or in these Terms shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
5. Interactive Donation Stores
The Donation Store may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Donation Store users, and create, post, or store coupons, profile data, pictures, ratings or reviews, and other Content on the Donation Store (“Interactive Donation Stores”). You are solely responsible for your use of Interactive Donation Stores and use them at your own risk. By using any Interactive Donation Stores, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Donation Store any of the following:
Rohrtran takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although Rohrtran has no obligation to screen, edit, or monitor any material posted on or transmitted through the Donation Store, Rohrtran reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Donation Store at any time and for any reason without notice.
If you post material on or through the Donation Store, then, unless Rohrtran indicates otherwise, you (a) grant Rohrtran and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant Rohrtran and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Donation Store; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Rohrtran or for third parties.
You acknowledge and agree that any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to Rohrtran (excluding material that you post on the Donation Store in accordance with these Terms), are non-confidential and shall become the sole property of Rohrtran. Rohrtran will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Rohrtran maintains a policy of terminating, in appropriate circumstances and at Rohrtran’s sole discretion, account holders who are deemed to be repeat infringers. Rohrtran may also at its sole discretion limit access to the Donation Store to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any Content on the Donation Store infringes upon any copyright that you own or control, you may file a notice of infringement at email@example.com.
Rohrtran may give notice of a claim of copyright infringement to users of the Donation Store by means of a general notice on the Donation Store, electronic mail to a user’s email address in its records, or by written communication sent by first-class mail to a user’s address in its records.
Rohrtran, the Rohrtran logo, and any other product or service name or slogan contained on the Donation Store and in any Content are trademarks of Rohrtran and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rohrtran or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Donation Store or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Rohrtran.
9. Third-Party Content
The Donation Store may contain links to Web pages and content of third parties, including the Nonprofit (collectively “Third-Party Content”), as a service to those interested in this information. Rohrtran does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. Rohrtran undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Donation Store, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites or Third-Party Content to which you navigate from the Donation Store. You access and use Third-Party Content at your own risk.
The Donation Store may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Rohrtran, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless Rohrtran, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Donation Store, your violation of these Terms, or your violation of any rights of a third party.
11. Disclaimer of Warranties
YOUR USE OF THE DONATION STORE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE DONATION STORE AND YOUR INTERACTIONS AND DEALINGS WITH ANY DONATION STORE USERS, IS AT YOUR SOLE RISK. THE DONATION STORE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE DONATION STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROHRTRAN AND ITS SUPPLIERS AND LICENSORS 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, TITLE, AND NON-INFRINGEMENT. ROHRTRAN DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE DONATION STORE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DONATION STORE WILL CREATE ANY WARRANTY REGARDING ROHRTRAN THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability
NEITHER ROHRTRAN NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ROHRTRAN OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE DONATION STORE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF ROHRTRAN AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Restrictions on Access
Notwithstanding any provision of these Terms, Rohrtran reserves the right, without notice and in its sole discretion, to terminate your license to use the Donation Store and to block, restrict, and prevent your future access to, and use of, the Donation Store. Additionally, Rohrtran reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Donation Store without notice in its sole discretion. Neither Rohrtran nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Donation Store.
14. Consent to Electronic Communications
By using the Donation Store, you consent to receiving electronic communications from Rohrtran and/or the Nonprofit. These communications may include notices about your account and information concerning or related to donations you have made through the Donation Store. You agree that any notices, agreements, disclosures, or other communications that Rohrtran sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. General Legal Notices
Rohrtran’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Donation Store or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Texas, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Donation Store or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Harris County, Texas, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Texas law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and Rohrtran concerning the Donation Store. These Terms supersede all prior agreements or communications between you and Rohrtran regarding the subject matter of these Terms.
16. Questions & Contact Information
If you have any questions or concerns about the Donation Store, or these Terms, you may contact Rohrtran through our website or email us at firstname.lastname@example.org.