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.
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.
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 1998-2010 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.
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: Gifts In Kind International, 333 North Fairfax Street, Alexandria, VA 22314.
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.