1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website located at shakeon.org (the "Site"), including any content, functionality, services, and merchandise offered through the Site (collectively, the "Services").

By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Site or Services.

These Terms apply to all visitors, users, donors, pledgers, and customers of the Site. Shake On reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to the Site, and your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

2. Description of Services

Shake On is a Parkinson's disease research fundraising initiative. The Services include, without limitation:

• Information about Shake On's mission, programs, and partnerships
• A pledge platform allowing supporters to commit to per-game contributions during the Professional Women's Hockey League (PWHL) season
• A donation pathway through GoFundMe, with proceeds directed to The Michael J. Fox Foundation for Parkinson's Research
• An online merchandise store hosted by Shopify
• Stewardship communications, including email and, for users who opt in, text message notifications
• Display of dedication messages submitted by donors and pledgers, with their consent

Shake On is the operator of the Site and the organizer of the fundraising initiative. Donations are processed by GoFundMe and directed to The Michael J. Fox Foundation; merchandise sales are processed by Shopify. Shake On does not directly process donations or merchandise transactions on the Site.

3. User Conduct

You agree to use the Site and Services only for lawful purposes and in a manner consistent with these Terms. Without limiting the foregoing, you agree NOT to:

• Use the Site in any way that violates applicable federal, state, local, or international law or regulation
• Submit content that is false, misleading, defamatory, harassing, threatening, abusive, obscene, or otherwise objectionable
• Impersonate any person or entity, including misrepresenting your identity, affiliation, or relationship to Shake On, the New York Sirens, the PWHL, The Michael J. Fox Foundation, or any individual associated with Shake On
• Attempt to gain unauthorized access to the Site, other users' accounts, or any systems or networks connected to the Site
• Use any automated means (including bots, scrapers, or harvesters) to access the Site, except for legitimate search engine crawlers and other automated means we explicitly authorize
• Interfere with or disrupt the Site, servers, or networks connected to the Site, including by transmitting viruses, malware, or other harmful code
• Use the Site or Services for any commercial purpose without our express written consent, except for the purchase of merchandise as offered through the Site
• Solicit personal information from minors, or otherwise misuse the Site in a manner that could harm minors
• Use the Site to send unsolicited communications, promotions, or advertisements

Shake On reserves the right to investigate and take appropriate action against anyone who, in Shake On's sole discretion, violates these Terms, including without limitation removing offending content, suspending or terminating access to the Site, and reporting violations to law enforcement.

4. Donations and Pledges

Pledge mechanic

The Shake On pledge mechanic allows supporters to commit to a per-event contribution structure during the PWHL season (for example, a contribution per goal, assist, block, or game won by a designated player or team). By submitting a pledge, you commit to honoring the pledge based on actual game outcomes during the season.

Pledges are voluntary commitments. Shake On may track and report pledged amounts but is not the entity collecting payment on your pledge. Payment of pledge amounts is your responsibility and is typically completed by the supporter via the GoFundMe donation pathway.

Donations

Donations made through Shake On's GoFundMe page are directed to The Michael J. Fox Foundation for Parkinson's Research. GoFundMe processes all donations and is responsible for the donation transaction. The terms of your donation, including any tax acknowledgment, are governed by GoFundMe's terms of service and The Michael J. Fox Foundation's policies.

Shake On does not directly receive or hold donor funds. Donations are non-refundable except as provided by GoFundMe's policies or by applicable law.

Tax considerations

Shake On / pending 501(c)(3) — Once Shake On's 501(c)(3) status is finalized and an EIN is issued, this section will be updated to reflect Shake On's tax-exempt status and any tax-deductibility of donations. Until then, donations are processed through The Michael J. Fox Foundation, which is itself a 501(c)(3) charitable organization, and tax acknowledgment is provided by The Michael J. Fox Foundation.

You are responsible for consulting with your own tax advisor regarding the deductibility of any donation.

5. Merchandise Purchases

Shopify storefront

Shake On merchandise is sold through a Shopify-hosted storefront. By purchasing merchandise, you agree to Shopify's terms of service in addition to these Terms. Shopify processes all merchandise transactions, handles payment, and provides the underlying ecommerce platform.

Pricing and availability

Prices and availability of merchandise are subject to change without notice. We reserve the right to limit quantities, refuse or cancel orders, and correct errors in pricing or product descriptions, including after an order has been placed. If we cancel an order due to a pricing error or other issue, we will refund any payment received for the canceled order.

Shipping

Shipping terms, costs, and timelines are described at checkout. Shipping is fulfilled by Shopify and third-party fulfillment partners (such as Tapstitch, Printful, and similar providers), and shipping carrier delays, lost packages, or damaged shipments are subject to the carrier's terms and Shopify's shipping policies.

Returns and refunds

Returns and refunds are governed by our return policy, available at the Shopify storefront. In general, custom or personalized merchandise is not returnable, and standard merchandise may be returned within a defined window subject to condition and carrier requirements. Please review the return policy at the time of purchase.

Net proceeds from merchandise sales support Shake On's mission. Merchandise purchases are not tax-deductible donations.

6. User-Submitted Content

The Site allows users to submit certain content, including dedication messages associated with pledges or donations ("User Content"). By submitting User Content, you make the following representations and grants:

Representations

• You own or have the necessary rights to submit the User Content
• The User Content does not infringe on any third party's intellectual property, privacy, or other rights
• The User Content is truthful and not misleading
• The User Content does not violate any law or these Terms

License to Shake On

By submitting User Content, you grant Shake On a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, display, reproduce, modify, adapt, publish, and distribute the User Content in connection with the Site, the Services, Shake On's mission, and related promotional or stewardship materials. This license includes the right to display dedication messages on the Site, in social media, in newsletters, and in other Shake On communications, with attribution to the first name you provided at the time of submission.

Right to remove or edit

Shake On reserves the right, in its sole discretion, to refuse to display, remove, or edit any User Content for any reason, including but not limited to content that violates these Terms, is offensive or inappropriate, or is otherwise inconsistent with Shake On's mission and values. Shake On is not obligated to monitor User Content but may do so at its discretion.

Removal requests

If you wish to have a dedication message or other User Content removed from the Site, please contact us at hello@shakeon.org. We will use reasonable efforts to remove the content within a reasonable time, though copies may persist in archived materials, in third-party caches, or in stewardship communications already distributed.

7. Intellectual Property

Shake On content

All content on the Site, including but not limited to text, graphics, logos, images, audio, video, and software, is owned by Shake On or its licensors and is protected by copyright, trademark, and other intellectual property laws. The Shake On name, logo, and any associated branding (including the Tremor Grace design system) are trademarks of Shake On and may not be used without our prior written permission.

Limited license to you

Subject to your compliance with these Terms, Shake On grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, distribute, or create derivative works from any Site content
• Use any Shake On trademarks, logos, or branding without prior written permission
• Use the Site for any commercial purpose, except merchandise purchases as offered through the Site
• Reverse engineer, decompile, or attempt to extract source code from any software made available through the Site

Third-party content

The Site may include content owned by third parties, including imagery, video, or other material related to the New York Sirens, the PWHL, The Michael J. Fox Foundation, or other partners. Such content is used with permission or under fair use principles and remains the property of its respective owners.

Reporting infringement

If you believe content on the Site infringes your intellectual property rights, please contact us at hello@shakeon.org with a detailed description of the alleged infringement, including the location of the content on the Site and proof of your ownership of the rights at issue.

8. Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAKE ON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE
• WARRANTIES REGARDING ANY MERCHANDISE, EXCEPT AS PROVIDED BY THE MANUFACTURER OR APPLICABLE LAW

You use the Site and Services at your own risk. Shake On is not responsible for any harm resulting from your use of the Site or any content available through it.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHAKE ON, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF SHAKE ON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SHAKE ON'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SHAKE ON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Shake On's liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Shake On, its founders, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any law or the rights of any third party
• Any User Content you submit

11. Termination

Shake On reserves the right to suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including without limitation if Shake On reasonably believes you have violated these Terms.

Provisions of these Terms that by their nature should survive termination will survive, including without limitation provisions related to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

12. Governing Law and Dispute Resolution

Governing law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Dispute resolution

Any dispute arising out of or relating to these Terms or your use of the Site will be resolved as follows:

First, the parties will attempt in good faith to resolve any dispute through informal negotiation. You agree to contact us at hello@shakeon.org with a written description of the dispute, and we will attempt to respond within thirty (30) days.

Time limit on claims

Any claim or cause of action arising out of or relating to your use of the Site or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred.

13. General Provisions

Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Shake On regarding your use of the Site and Services, and supersede any prior agreements between you and Shake On regarding the same.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver

Shake On's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your rights or obligations under them, by operation of law or otherwise, without Shake On's prior written consent. Shake On may assign these Terms without restriction.

No agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Shake On.

Headings

Headings in these Terms are for convenience only and do not affect interpretation.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of these Terms and, where appropriate, notify you by email or through a notice on the Site.

Your continued use of the Site or Services after the effective date of any updated Terms constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.