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Welcome
to the Gifts In Kind International® World Wide Web Site (the "Site")
provided by Gifts In Kind International ("Gifts In Kind"). This
Site enables users ("Users" or "You") to gain access
to information about Gifts In Kind's charitable services.
ALL USERS! BEFORE USING THIS SITE PLEASE
READ THE FOLLOWING NOTICES, TERMS, AND
CONDITIONS ("Terms and Conditions") CAREFULLY
AS THEY GOVERN YOUR USE OF ANY MATERIALS
AVAILABLE THROUGH THIS SITE.
Terms and Conditions of Use By accessing, viewing, or using the material
available on or through this Site, You, the User, indicate that You understand
and intend these Terms and Conditions to be the legal equivalent of a
signed, written contract, and equally binding, and that You accept such
Terms and Conditions and agree to be legally bound by them. Please note
that Gifts In Kind International reserves the right to change the terms,
conditions, and notices under which this Site and its offerings are extended
to You. Your continued use of this Site following such modifications
will be conclusively deemed acceptance of any changes to this Agreement.
Gifts In Kind International will endeavor to provide reasonable notice
that this Agreement has been changed on our web site; please watch for
such notices, as individual email notice may not be provided.
When visiting the Site, You are not required to reveal any personally
identifiable information. There are times, however, when we may request
information, such as Your name, address or e-mail address, which may
be needed for Gifts In Kind International to provide all of our services
to You. It is our intent to let You know how we will use such information
before we collect it from You on the Site. If you decide later that you
do not want Gifts In Kind International to use such information, please
send an e-mail to lfreeman@giftsinkind.org advising
us that You do not want us to use the personal information that You provided
to us. Upon receipt of such an email from You, we will respect Your wishes
and delete from our database any personally identifiable information
provided to Gifts In Kind International by You, although this may affect
our ability to continue providing You all of our services.
If You do not agree with these Terms and Conditions, You are not granted
permission by Gifts In Kind International to access or otherwise use
the Gifts In Kind International® Site.
1. Grant of License. This Agreement provides You, the User, with a personal,
revocable, nonexclusive, nontransferable license to use this Site, conditioned
on Your continued compliance with the Terms and Conditions of this Agreement.
2. Nature of Service. Gifts In Kind International is the leading charity
in the field of product philanthropy, helping companies donate products
efficiently and effectively to 200,000 charities and schools worldwide
each year. This Site provides information on Gifts In Kind International's
services as well as other material of interest to charitable organizations
and a listing of Gifts In Kind's donation and charity partners. This
Site also provides information on and registration forms for contributing
or applying to receive a donated product.
3.
Gifts In Kind International's Role. User acknowledges and agrees
that Gifts In Kind International is only a nonprofit intermediary
that facilitates the donation of products from companies ("Donors")
to nonprofit entities in need ("Donees"). Gifts In Kind International
assumes no responsibility or liability for any claims that may
result directly or indirectly from the Donor/Donee relationship
and/or the provision of donated goods, including, but not limited
to, breach of warranty claims.
4. Privacy Policy. Gifts In Kind International considers Your personal
data to be private and operates this Site by keeping any collected information
confidential. Gifts In Kind International collects only general organizational,
program, and financial information from charities and donation information
from companies to facilitate the administration of our donation program,
and we only utilize personal data about our Users in aggregate form for
internal use to help better provide our services. Gifts In Kind International
does not release or publish information about its Users, unless the User
volunteers such information. For example, charities may elect to be listed
on our web site to be matched with RECYCLE TECHNOLOGY (used computer)
donations.
Gifts In Kind International has taken special precautions to ensure that
the information available through this Site is as secure as possible
because Your privacy is important to us. Access to nonpublicized User
information is restricted to authorized Gifts In Kind International personnel
who have a need for this data. If at any time You have questions or concerns
about this policy, please notify us by E-mail at feedback@giftsinkind.org,
and we will use commercially reasonable efforts to promptly determine
and correct a problem, if one exists.
5. Confidentiality on the Internet. Use of the Internet is solely at
User's own risk and is subject to applicable local, state, national,
and international laws and regulations. While Gifts In Kind International
has endeavored to create a secure and reliable private site for its Users,
please be advised that the confidentiality of any communication or material
transmitted to/from this Site cannot be guaranteed. Accordingly, Gifts
In Kind International is not responsible for the security of any information
transmitted via the Internet, and the User assumes sole and complete
risk for using this Site. The User must make its own determination as
to these matters. For more private communication, Users may also contact
Gifts In Kind International by telephone at 703-836-2121.
6. Security of Site. Actual or attempted unauthorized use of the Site
may result in criminal and/or civil prosecution. For a User's protection,
Gifts In Kind International reserves the right to view, monitor, and
record activity on this Site without notice or permission from the User.
Any information obtained by monitoring, reviewing, or recording is subject
to review by law enforcement organizations in connection with investigation
or prosecution of possible criminal activity on this Site. Gifts In Kind
International will also comply with all court orders involving requests
for such information.
7. Intellectual Property. All materials contained on or available through
this Site, unless otherwise indicated, are protected by law including,
but not limited to, United States copyright and trademark law, as well
as other state, national, and international laws and regulations. Except
as expressly provided herein, Gifts In Kind International does not grant
any express or implied right to Users of this Site under any patent(s),
copyright(s), trademark(s), or trade secret information. Accordingly,
unauthorized use of any material contained on this Site may violate copyright,
trademark, trade secret laws and/or rights of privacy and publicity.
Gifts In Kind International actively and aggressively enforces its intellectual
property rights to the fullest extent of the law.
This Site and all of its contents are: © Copyright 1998-2001 Gifts In
Kind International. All rights reserved. Gifts In Kind International
also owns a copyright in this Site as a collective work and/or compilation,
and in the selection, coordination, arrangement, and enhancement of such
content.
Gifts In Kind International® and all other names, logos, and icons identifying
Gifts In Kind International's products and/or services are proprietary
marks of Gifts In Kind International. Other product and company names
mentioned herein may be the trademarks of their respective owners.
8. Use Limitations. This Site and the materials and information available
on or through it are provided by Gifts In Kind International as a service
to its Users. Except as expressly permitted, a User may not modify, copy,
distribute, transmit, reproduce, publish, license, transfer, sell, mirror,
frame, or otherwise use any information obtained from this Site. As a
further condition of use of this Site, all Users warrant to Gifts In
Kind International that they will not use this Site for any purpose that
is unlawful or prohibited by these Terms and Conditions.
9. Links to other Sites. Gifts In Kind International may provide links,
in its sole discretion, to other sites on the World Wide Web for the
convenience of its Users in locating related information and services.
These sites have not been reviewed by Gifts In Kind International and
are maintained by third parties over which Gifts In Kind International
exercises no control, and accordingly, Gifts In Kind International expressly
disclaims any responsibility for the content, the accuracy of the information,
and/or quality of products or services provided by or advertised on these
third-party Web sites.
10. Events Beyond Gifts In Kind International's Control. Gifts In Kind
International will not be liable for any loss resulting from a cause
over which they do not have direct control, including, but not limited
to, failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Disclaimers. WHILE GIFTS IN KIND INTERNATIONAL ENDEAVORS TO PROVIDE
ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS,
AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. GIFTS IN KIND INTERNATIONAL MAY MAKE MODIFICATIONS AND/OR CHANGES
IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED
IN THIS SITE AT ANY TIME. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
NEITHER GIFTS IN KIND INTERNATIONAL NOR ITS AFFILIATES SHALL BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES,
WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF,
THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR
MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY ERROR, DEFAMATION,
LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSENITY, PORNOGRAPHY, PROFANITY,
DANGER, OR INACCURACY FOUND IN OR THROUGH THE SITE, REGARDLESS OF ITS
ORIGIN; (D) ANY BREACHES OF SECURITY INVOLVING THE SITE, OR ANY LACK
OF AVAILABILITY OR OPERATIONAL PROBLEM OF THE SITE; OR (E) ANY VIRUSES
OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
AS A RESULT OF YOUR USE OF THE SITE; EVEN IF GIFTS IN KIND INTERNATIONAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING
THE FOREGOING, THE TOTAL LIABILITY OF GIFTS IN KIND INTERNATIONAL FOR
ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE
TOTAL AMOUNT PAID BY USER FOR GIFTS IN KIND IN CONNECTION WITH THE SUBJECT
MATTER OF THE PARTICULAR DISPUTE.
GIFTS
IN KIND INTERNATIONAL DISCLAIMS ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY ENTER ELECTRONIC FILES
ACCESSIBLE THROUGH THIS SITE AND SUBSEQUENTLY AFFECT A USER'S
COMPUTER SYSTEM.
12. Indemnity. By agreeing to these Terms and Conditions, User agrees
to defend and indemnify Gifts In Kind International and its respective
affiliates, and all of their officers, directors, shareholders, legal
representatives, employees, successors, assigns, and agents and hold
them harmless from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs, and expenses (including reasonable
attorneys' fees and litigation expenses) relating to or arising from
User's use of this Site or any breach by User of these Terms and Conditions.
13. Contact Information. If You have questions regarding this Site or
if You are interested in obtaining more information concerning Gifts
In Kind International's products or services, please contact us at info@giftsinkind.org
or call 703-836-2121.
Gifts In Kind International also welcomes Your feedback and suggestions
about how to improve this Site. Any ideas, suggestions, information,
know-how, material, or any other content (collectively, "content") received
through this Site will be deemed to include a royalty-free, perpetual,
irrevocable, nonexclusive right and license for Gifts In Kind International
to adopt, publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works, display (in whole or part) worldwide, or
act on such content without additional approval or consideration, in
any form, media or technology now know or later developed for the full
term of any rights that may exist in such content, and User hereby waives
any claim to the contrary.
Gifts
In Kind International may refuse to post, or may remove at any
time, any content received through this Site for any reason.
14.
Copyright Owners' Rights Under the Digital Millennium Copyright
Act Of 1998. The Digital Millenium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under US copyright
law.
If
You believe in good faith that materials hosted by Gifts In Kind
International infringe your copyright, You (or Your agent) may
send us a notice requesting that the materials be removed, or
access to them blocked. If You believe in good faith that a notice
of copyright infringement has been wrongly filed against You,
the DMCA permits You to send us a counter-notice.
Notices
and counter-notices must meet statutory requirements imposed
by the DMCA. One place to find more information on the DMCA is
the U.S. Copyright Office web site. Notices and counter-notices
for the Site should be sent to: [add contact information--names/title,
address].
We
suggest that You consult Your legal advisor before filing a notice
or counter-notice. Also, be aware that there can be substantial
penalties for false claims.
15.
Governing Law. These Terms and Conditions are governed by the
laws of the Commonwealth of Virginia, U.S.A. and shall apply
without regard to the conflicts of law principles of such state.
Users of this Site consent to the exclusive jurisdiction and
venue of the courts of the Commonwealth of Virginia with respect
to any disputes, which may arise in connection with the use of
this Site or the information and products available hereunder.
Any and all such disputes shall be brought in the Commonwealth
of Virginia, County of Alexandria, U.S.A.
This Site is controlled and operated by Gifts In Kind International from
its offices within the United States. Gifts In Kind International makes
no representations that materials, information, or content available
on or through this Site are appropriate or available for use in other
locations, and access to them from territories where such materials,
information, or content are illegal is prohibited. Those who choose to
access this Site from other locations do so on their own volition and
are responsible for compliance with applicable local laws.
16. Terms and Termination. This Agreement will take effect at the time
the User begins using this Site (indicating acceptance of these Terms
and Conditions). Gifts In Kind International reserves the right at any
time to deny any User access to this Site or any portion thereof, and
to terminate this Agreement.
17. Entire Agreement. These Terms and Conditions constitute the entire
agreement between the User and Gifts In Kind International with respect
to this Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the User
and Gifts In Kind International with respect to this Site.
18. Waiver. Failure to insist on strict performance of any of the Terms
and Conditions of this Agreement will not operate as a waiver of any
subsequent default or failure of performance. No waiver by Gifts In Kind
International of any right under these Terms and Conditions will be deemed
to be either a waiver of any other such right or provision or a waiver
of that same right or provision at any other time.
19. Admissibility. A printed version of these Terms and Conditions and
of any related notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these
Terms and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form.
20. Survivorship. The provisions of Sections 7 and 10-23 of this Agreement
will survive the termination of this Agreement.
21. Severability. If any part of these Terms and Conditions is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of these
Terms and Conditions shall continue in effect.
22. Reservation of Rights. Any rights not expressly granted herein are
reserved.
23. User/Gifts In Kind International. No joint venture, partnership,
employment, or agency relationship exists between a User and Gifts In
Kind International.
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