Terms of Use

The following constitutes the GiveIn Terms of Use Agreement (“Agreement”) and is legally binding and applies to your use of the Services (hereinafter defined).

Last Modified: June 7, 2024

Acceptance of the Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

These terms of use are entered into by and between you as a platform and service user (“Y/you”) and GiveIn, PBC (“Company,” “W/we,” or “U/us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of (i) https://giveinapp.com (the “Website“), and (ii) all related features, content, functionality, services, software applications (including the GiveIn mobile application (the “App”)), and networks (collectively, the “Services”).

This Agreement constitutes legally binding terms and applies to such use of the Services regardless of the type of device used to access them (“Device”) unless such services post different terms of use or end user license agreement, in which case that agreement (“Other Terms”) shall instead govern. If you are using the Services on behalf of an entity, such as a company or organization (each, and “Entity”), then you represent to use that you have the power and authority to bind such Entity to these Terms of Use.

By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. This applies whether you access the Services as a guest or a registered user. If you do not want to agree to these Terms of Use, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years of age, you may only use the Services, with or without registering, with the approval of your parent or legal guardian. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.

A clickwrap presented to users upon entering the site is recommended. This provides coverage from liability (give users adequate notice to terms).

If a clickwrap is not provided this should be replaced with: BY USING THE WEBSITE. Please note, there is a trend of courts not upholding terms of use when they are provided at bottom of webpage. Courts often rule in litigation that this is not adequate notice to users. In this situation to better improve your chances in future litigation, you should place a statement in a prominent position on site’s homepage notifying users that (1) use of website is governed by the terms of use; (2) use of site is deemed acceptance of the terms of use; and (3) users who do not agree to the terms must not access or use the site. The statement should include a link to the terms of use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

If we make any material change and you are a registered user, we will also send an e-mail to you at the last e-mail address you provided to us in accordance with this Agreement. If you do not agree to any material changes after receiving notice of such changes, you shall stop using the Services. Otherwise, your continued use of Services constitutes your acceptance of such changes.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts of the Services or the entire Services.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or App, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or guest Internet network so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

User Content License. Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, or any other materials (collectively, “User Content”) that you post, transmit, submit, display, or publish (hereinafter, “post”) on, through or in connection with the Services. After posting your User Content on, through or in connection with the Services, you continue to retain any such rights that you have in your User Content, subject to the limited license granted herein.

Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

After you remove your User Content from the Services, we will make commercially reasonable efforts to remove such specific deleted User Content from further distribution on the Services, as soon as practicable but, please be aware that deleted User Content may, but is not required to, persist in archival copies on Company servers for a reasonable period of time.

Company Content. The Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser or mobile application for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

User Content

The Services may contain a newsfeed, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post User Content on or through the Services.

All User Content must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted in the User Content License section above and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Content do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement

If you believe that any User Content violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Donations and Campaigns

Company. Company provides a platform for processing and facilitating donation transactions to a variety of non-profit organizations and charitable organizations, not-for-profit events and/or political fundraisers. Company is not a bank, money transmitter, or other money services business, as defined by the Bank Secrecy Act or state banking law. All donations made through the Services are directly received by the Donee and represent a direct tax-deductible donation to the selected Donee. The relationship of Company to each Donee shall be governed pursuant to the rules and regulations of (a) Visa, MasterCard, and American Express; and (b) bill pay processors such as NYC, Pulse, and Stripe, and others (collectively “Bill Pay Processors”); here Company is a payment facilitator, and the Donee is a merchant.

Donees. Our Services provide a platform for processing donations and facilitating donation transactions. Pursuant to such, charitable organizations and non-profit organizations (each a “Donee”) can register and create profiles including details on their mission, location, contact information, and cause. Additionally, Donees can post fundraising listing(s) on the platform detailing a particular Donee event (“Campaign”).

Company has no control over Donees and we do not verify information provided by a Donee as part of their Campaign. It is the sole responsibility of Donees to ensure that all Campaigns listed on the Services comply with relevant laws and regulations, including those related to fundraising and charitable solicitation.

Donees acknowledge that donations received through the Services are subject to transaction fees, which may be deducted from the donation amount. Donees are responsible for the managing and allocation of donations appropriately, ensuring that the funds donated are used for their stated mission and charitable activities. COMPANY DOES NOT VERIFY THAT DONEES ARE PROPERLY REGISTERED OR MAINTAINED AS CHARITABLE ORGANIZATIONS UNDER STATE AND/OR FEDERAL LAW, AND YOU HEREBEY AND FOREVER WAIVE ALL CLAIMS AGAINST US FOR ANY STATEMENTS, INFORMATION OR INFERENCES BY A DONEE OR FUNDRAISER FOR A DONEE THAT MISREPRESENT A DONEE’S STATUS OR THEIR USE OF FUNDS; OR, FOR ANY THIRD-PARTY ACTIONS AND COSTS RELATED TO THIRD-PARTY ACTIONS RESULTING FROM MISREPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACTIONS BY TAX AUTHORITIES.

Donors. Our Services provide a platform for users to search for and donate to charitable organizations and non-profit organizations of their choice (each a “Donor”). All donations made through our Services are voluntary and non-refundable. It is the sole responsibility of Donors to ensure they are donating to the correct Donee(s); ensure the accuracy of their donation details (e.g, donation amount and payment method) before confirming transactions; and understand the tax, legal, and other implications of such donations. Company is not liable for any errors in donation amounts or recipient information provided by Donors. Once a donation is processed, it cannot be reversed or refunded under any circumstances.

Donors acknowledge that Company does not control the use of donations by Donees and cannot guarantee specific outcomes or impacts of donations. Further, Donors acknowledge that donation information (e.g., donation amount, transaction details, and name of Donor) may be shared with the Donees. Such information sharing is necessary for the transparent management of donations.

Donors are responsible for providing accurate and up-to-date payment information. Company utilizes secure payment gateways to process transactions, but Donors should exercise caution while providing payment details. Company does not store sensitive payment information on its servers. Payment details are securely processed by third-party payment processor. It is the sole responsibility of the Donor to ensure the accuracy of payment details to avoid transaction errors.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Tennessee in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES LINKED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF CHARITABLE DESIGNATION, LOSS OF CHARACTERIZATION OF MONEY DONATED, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at our election) and hold Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services, and your activities in connection with the Services; (b) your violation or anticipatory violation of any applicable law in connection with your use of the Services, or your activities in connection with the Services; (c) a breach or anticipatory breach of this Terms of Use; (d) any breach of your agreements, representations and warranties set for in this Terms of Use; (e) any User Content that you post on, through or in connection with the Services; (f) information or material transmitted through your Device used to access the Services, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other rights of any person or entity; (g) any misrepresentation made by you; and (h) Company’s permitted use of the information that you submit to use (including your User Content) (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of any officer of Company.

Legal Disputes

DISCLAIMER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTNATIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

Agreement to Arbitrate. You and Company agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Company relating in any way to or arising out of this or previous version these Terms of Use or your use of or access to the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved exclusively through final and binding arbitration, rather than in court, under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Tennessee law (“Agreement to Arbitrate”). The Agreement to Arbitrate does not apply to each party’s right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

Governing Law. All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

INDIVIDUAL BASIS ONLY. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Agreement applies. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Terms of Use as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court in Davidson County, Tennessee.

Notice. A party who intends to seek arbitration must first send to the other, by certified mail, a complete form Notice of Dispute (“Notice”). The Notice to Company should be sent to:

GiveIn, PBC

 

 

Company will send any Notice to you at the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

Initiate Proceedings. If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by your or Company shall not be disclosed to the arbitrator.

Procedure. The arbitration hearing shall be held in Davidson County, Tennessee, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Company may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.

Award. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties” and “Limitation on Liability” sections above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).

Amendment to this section. Notwithstanding any provision herein to the contrary, you and we agree that if we made any amendment to this agreement to arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Company. We will notify you of amendments to this agreement to arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.

Jurisdiction. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Company, may be resolved exclusively by a state or federal court located in Davidson County, Tennessee. You and Company agree to submit to the personal jurisdiction of the courts located within Davidson County, Tennessee, for the purpose of litigating all such claims and disputes.

 

I included the address listed for your business incorporation. If this is your home address I recommend getting a designated PO Box or other address so that your personal address is not published on the website.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and other agreements found on or accessible through our site or apps, constitute the sole and entire agreement between you and GiveIn, PBC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

The Services are operated by GiveIn, PBC located at 1127A Chester Ave., Nashville, TN 37206.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@giveinapp.com.

 

Again if this is your personal address, you may want to change to a PO Box not linked to you personally.