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Acknowledgment and Acceptance of Terms of Service
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.giveinkind.com, (the "Site" or "Platform"), as owned and operated by Give InKind, Inc., a Washington Corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as "Give InKind,” “we” or “us”). Give InKind provides certain services (described below) on or through the Site. By using our Site, you agree to the following terms and conditions (the "Terms of Service"). If you do not understand or agree with these Terms of Service, please do not use the Site or the Give InKind Service (as defined below) and do not register to be a member of the Site.
If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us through the "Contact Us" tab on the home page or by writing to us at

Give InKind, Inc.
1840 N. Highland St.
Tacoma, WA 98406

By completing the registration process or using any part of the Give InKind Service (see description below), you agree to be bound by all of the terms and conditions herein. You may continue to use giveinkind.com as long as you adhere to these terms of service. Give InKind may update these terms of service from time to time. Continued use of giveinkind.com implies acceptance of the terms of service.

Overview
The Site offers a service that allows for the creation of a community support coordination service (known and referred to as a "Give InKind Page") for a recipient, send invitations to friends, receive invitations, book dates for meal and help delivery, research Give InKind support ideas, shop products and services and research tips and tools. In addition, organizers and recipients of the service may choose to use the platform to accept monetary donations ("Donations") from those users wishing to contribute funds to the recipients ("Donors"). (herein referred to as the "Service" or "Give InKind Service") These Terms of Service apply to the "Service".
Eligibility
Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site.

Privacy Policy
It is Give InKind’s policy to respect the privacy of its users. Give InKind’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Give InKind collect from you, and how that information is used is governed by the giveinkind.com Privacy Policy.

License to Use and Access the Give InKind Service
Give InKind grants you a limited license to access and make personal use of this Site and the Service. This Site or any portion thereof, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the express written consent of Give InKind.

Use of the Site at Your Own Risk
Your access to and use of the Site and Services and is at your own risk. Give InKind will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or Services.

Registration, My Account Page and Inbox
You are required to register with giveinkind.com if you want to organize a Give InKind page, send an invitation, book or cancel a day on a Give InKind calendar, save and access saved information, view and edit your "My Account" page, and upload photos. Not all of the features in the previous sentence may be available at any given time and Give InKind may require registration for additional features that may be developed or added to the Give InKind Service from time to time. In order to register with giveinkind.com, you must supply a valid email address, which will be used as a unique identifier for your Profile, your name, and a password.
You:

  • are solely responsible for maintaining the confidentiality of your password and Profile
  • agree not to transfer your email address or password to any third party.
  • lend or otherwise transfer your use of or access to the Give InKind Service to any third party.
  • may change your password, or any other Profile information, at any time by following instructions available on your "My Account" page or as outlined in the privacy policy.
  • agree to immediately notify us of any unauthorized use of your Profile or any other breach of security related to your Profile or the Give InKind Service, and to ensure that you "log off"/exit from your Profile (if applicable) at the end of each session.

We:

  • are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In addition, you agree to provide certain current, complete, and accurate information about you and maintain and update this information as required to keep it current, complete and accurate. Give InKind reserves the right to terminate your Profile and use of the Give InKind Service if any information provided by you during your original registration or My Account Page sign-up is inaccurate.

Description of the Give InKind Service (including, but not limited to)
Give InKind Creation: Give InKind is a community coordination program that enables an organizer to specify the days, times and general support preferences of the recipient to coordinate the effort of friends, family, colleagues, congregation members, and neighbors in the delivery of gifts and support, including food and other services, around important life events. If you want to organize a Give InKind page, you must be registered with Give InKind (see Registration above).

Give InKind Editorial Content: The editorial content pages include ideas, tips and tools, and Give InKind products which can be used to help you give support to someone in need. Such tips and tools include multiple pages of content with tips on what to give, how long to stay and other ideas. The tips and tools pages are for informational purposes only and are available without registration.

Medical Information: Give InKind articles related to any medical conditions are for informational purposes only. Although some articles may appear on the Sire, they are provided to help foster a better understanding of what a loved one may be experiencing during a particular life event. These articles are provided for informational purposes only and are not intended to be used by members of the community for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition.

Give InKind does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Site. If any article on our website lists or provides any recommendations that you believe apply to you or your loved one(s), this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Only a trained physician or other health care provider can assess your or a loved one’s current state of health or disease, taking into account many factors. Reliance on any information provided by Give InKind, Give InKind employees, others appearing on our website at the invitation of Give InKind, or other visitors to our website is solely at your own risk.

Accepting Donations:
Organizers and recipients of the service may choose to use the platform to accept monetary donations ("Donations") from those users wishing to contribute funds to the recipients ("Donors").

The Donation Services are an administrative platform only. Give InKind facilitates the Donation transaction between Campaign organizers/recipient and Donors, but is not a party to any agreement. Give InKind is not a broker, agent, financial institution, creditor or insurer for any user. Give InKind has no control over the conduct of, or any information provided by a Campaign organizer/recipient, and Give InKind hereby disclaims all liability in this regard.

  • Give InKind does not personally endorse any Donations or Organizer/Recipient.
  • We disclaim any liability or responsibility for the success of any Campaign. Give InKind does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all.

You, as a Give InKind page organizer represent that all information you provide in connection with a Page is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and all Donations contributed to your Page will be used solely as described on the Platform; and you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Page with donors and beneficiaries of your Page, and with law enforcement or to assist in any investigation.

Donations: In order to contribute to a Campaign, a Donor will be required to provide giveinkind.com's third party payment processor information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Giveinkind.com that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded once claimed by the organizer/recipient.

  • You, as a Donor, must make the final determination as to the appropriateness of contributing to any Campaign.
  • We do not and cannot verify the information that Campaign organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose stated by a Campaign organizer.

Fundraising Campaigns are not charities to which you can make tax-deductible charitable contributions. You understand and acknowledge that Give InKind is not a charity.

GiveInKind.com Donation Fund Fees: Give InKind does not charge a Campaign Organizer any upfront fees for initiating a Campaign or any fees beyond those charged by our third party payment processor.
Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Giveinkind.com may opt to change third party payment processor at any time, without advance notice. This will not impact the fee structure for existing Campaigns.
We reserve the right to change Giveinkind.com's Fee pricing from time to time. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
Withdrawing Donations from a Campaign: Giveinkind.com is an administrative service and at no point acts in a role as a broker, agent, financial institution, creditor or insurer for any Give InKind Campaign.

Service Mark and Content Restrictions
Give InKind is a registered Trademark of Give InKind, Inc., “Give InKind” name and logos are service marks (or pending service marks) of Give InKind, Inc. The trade names and service marks owned by Give InKind, Inc., may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.

All other trademarks appearing on the Give InKind Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Give InKind Service.

You acknowledge that the Give InKind Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Give InKind Service, including the Content.

Content Posted by Give InKind Users
Users:

  • Are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other Content that are posted through the Site. This includes, but is not limited to, the contents of your email communications, photos or images, your "My Account" page, or in an invitation or related Content.
  • Are solely responsible for the accuracy, integrity or quality as well as the legal right to post such Content.
  • Agree that if you post any Content through the Give InKind Service, you automatically grant to Give InKind, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Content to other users of the Give InKind Service and to third parties with whom Give InKind has a relationship.
  • Grant Give InKind the right to authorize the downloading and printing in whole or in part of any Content that you post to the Give InKind Service.

Give InKind, Inc.:

  • Does not control the Content posted by its users
  • Is not liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Give InKind Service.
  • Reserves the right (but has no obligation) to evaluate Content before allowing it to be posted on or through the Give InKind Site at our sole discretion we may do one or all of the following:
    • monitor the submission of Content;
    • alter, remove, or refuse to post or allow to be posted or stored any Content;
      • disclose any Content or any communication through the Give InKind Service, and the circumstances surrounding the transmission thereof, to:
        • any third party in order to operate the Give InKind Service;
        • comply with applicable laws;
        • respond to governmental inquiries or requests;
        • comply with valid legal process;
        • protect the rights, privacy, safety or property of Give InKind, the Site visitors or the public;
        • permit us to pursue available remedies or limit the damages that we may sustain;
        • enforce these Terms of Service.
Under no circumstances will Give InKind, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your reliance on Content.

Site Conduct
You agree not to:

  • Post content or distribute materials (though the Site) that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion).
  • Interfere with or disrupt the operation of the Give InKind Service; including but not limited to transmission of a program that is harmful or invasive or that is intended to damage Site functionality.
  • Engage in any other conduct which, at Give InKind’s sole discretion, is considered inappropriate, unauthorized or objectionable.
  • Use any feature to engage in "spamming."

You agree:

  • To permit us to access your Profile, records, and to monitor your use for any reason (typically to provide customer service).
  • To comply will all applicable laws, regulations, and ordinances as a condition of use of the Give InKind Service.
  • To notify Give InKind at the "Contact Us" page if you feel another member is in violation of these terms.
  • That you have the authorization from the party who will receive ("Recipient") the services/meals of a Give InKind to create the Service for them. In creating a Give InKind for others (friends, relatives, colleagues, etc.), you recognize the personal information that you provide us regarding the Recipient’s physical address, preferences, e-mail address (for Recipient and invited members), preferred dates, reason for event, personal comments, and phone number (if provided) will be made available to those who are invited to participate in the specific Give InKind.

Under no circumstances will Give InKind, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your conduct or the failure of the Give InKind organizer to attain permission from the Give InKind Recipient to create a Give InKind on their behalf.
Those who feel that their personal information has been posted without their permission should contact giveinkind.com immediately through the “Contact us” page to have the Give InKind removed from the site.

Links to Third Party Sites/Vendors and Contact with Advertisers/Contact with other Users
You agree that we are not responsible for:

  • Availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other Content (collectively, "Third Party Content") on or available from such sites or resources.
  • Any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Third Party Content available on or through any such site or resource.
  • Any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other material available, or through such third parties, on our Site or the actions of such third parties.
  • Shall not be liable for your interactions with any organizations and/or individuals found on or through the Give InKind Service.

Indemnification
You agree to indemnify, defend and hold harmless Give InKind, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from:

  • Your use of the Site and/or the Give InKind Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Give InKind Service.
  • The violation of these Terms of Service by you.
  • The infringement by you (or other user of the Give InKind Service using your Profile) of any intellectual property or other right of any person or entity.
  • Your violation of any applicable law or regulation.

Limitation of Liability
In no event will Give InKind be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the Site, content, files and/or services, or for any error or defect in the site, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Give InKind has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Give InKind is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Give InKind will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.

Dispute Resolution
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Giveinkind.com support at info@giveinkind.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Giveinkind.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes as provided below.

Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Termination and Modification of the Give InKind Service and Terms of Service
You agree that we:

  • In our sole discretion, may terminate your password, Profile (or any part thereof) or use of the Give InKind Service, and remove and discard any Content within the Give InKind Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.
  • Shall not be liable to you or any third party for any termination of your access to the Give InKind Service.
  • Reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Give InKind Service.
  • Reserve the right to amend these Terms of Service at our sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site and your continued usage will demonstrate compliance with the changes.