THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE THE DISPUTE RESOLUTION SECTION BELOW FOR MORE INFORMATION.
If you do not agree to be bound by these Terms of Use, you may not use the Sites. The Company reserves the right to modify these Terms of Use at any time and — at its sole discretion — may publish notifications of material modifications. By continuing to access the Sites after such notifications have been published, you signify your agreement to be bound by the updated Terms of Use.
The informational content on the Sites, not including information that we publish regarding products available for purchase on the Sites, is offered for general information, discussion, and entertainment purposes only. All such content reflects the personal opinions of the posters. You should be skeptical about such information on the Sites because the information may be offensive, harmful, and/or wrong. Neither the content of the Sites that we do not publish, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Sites or any affiliated person or entity. Therefore, the Sites include unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Sites or any or any Site-affiliated person or entity.
You are responsible for your own postings and agree to access and use the Sites at your own risk on an as-is basis. Do not make postings that involve the following:
Furthermore, you agree that, if a third party claims that any material you have contributed to the Sites is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws.
When using the Sites, you agree to:
We reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We may also edit, refuse to post, or remove any posting in our sole discretion. We reserve the right to restrict access by any users whom we believe are engaged in inappropriate, unprofessional, or unlawful conduct.
If you believe that any content on the Sites violates the Terms of Use, please notify us by sending an email contact@itsgivingme.com. We do not guarantee that any action will be taken as a result of your email.
We reserve the right to remove content which we, in our sole discretion, determine violates any of the rules set forth herein of which we become aware, but are under no obligation to do so. If you are offended by any content on the Sites, stop using the Sites.
The Sites and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
We do not warrant that the Sites will operate in an uninterrupted or error-free manner or that the Sites are free of viruses or other harmful components. Use of information obtained from or through the Sites is at your own risk.
We is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Sites or any links; to your placement of content on the Sites; or to your reliance upon information obtained from or through the Sites or through links contained on the Sites.
In consideration for your agreement to these Terms of Use, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Sites. You may access the material on the Sites only for your own personal, non-commercial use. The burden of determining that use of any information obtained from the Sites is permissible rests with you.
By posting to or otherwise engaging in any communication within the Sites, you are granting us (or any of our assignees) a perpetual, royalty-free, fully paid up, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such information or works contained in such communication.
All software, content and materials used or appearing on the Sites are the exclusive property of us or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Sites is permitted without the prior written consent of us and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Sites.
You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Sites, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions.
To the fullest extent permitted by law, you and we agree to submit exclusively any claim, controversy or dispute arising out of or relating to the site, the services, this agreement or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, Binding arbitration, except that you may assert claims in small claims court if your claims qualify. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppel.
To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
The arbitration will be held in New York. If this location is not convenient for you, please let us know. we will work with you to determine a mutually convenient location. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in Nassau County, New York. the parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules.
If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth by jams. Regardless of who initiates arbitration, we will pay your share of arbitration fees (not including your attorneys’ fees) up to a maximum of $2,500. If the arbitrator rules against us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs up to a maximum of $5,000, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
Notwithstanding anything to the contrary in this section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.
We may provide links, or may automatically link you, to other websites from the Sites. We do not endorse linked sites and are not responsible for the content of any linked site. Further, we are not responsible for and have no control over your interactions with third parties on third-party websites. Therefore, you should always carefully review the privacy policies and terms of use for third-party websites.
When you use the Sites, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Sites. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Sites or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Sites. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain e-mails.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please send a Notice of Infringement to contact@itsgivingme.com that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
THE SITES AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THE SITS IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERs THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE INFORMATION CONTAINED ON THE SITES OR OBTAINED FROM YOUR USE OF TH SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THESITES, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THEY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ SHARE IN ANY LIABILITY. TOTAL LIABILITY DEVOLVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEEDING $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You agree to indemnify and hold the Company and any Company-affiliated person or entity harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Sites or your placement of any content onto the Sites, and to fully cooperate in the Company’s or any Company-affiliated person’s or entity’s defense against any such claims.
By accepting these Terms of Use, you understand and agree that we may use, collect and share your personal information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into this Agreement.
These Terms of Use constitute the entire agreement between you and the Sites and any Site-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
These Terms of Use may be supplemented by any other agreement you enter into with us, including but not limited to pursuant to a registration to access certain features of the Sites. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section headings used in these Terms of Use are for convenience only and have no legal effect. Our Sites are not intended for use by or availability to minors.
If you have any questions or comments about the Terms of Use please email contact@itsgivingme.com.
