Privacy Policy - GivePear

Terms Of Use

GivePear LLC develops and publishes social giving networks for the web including GivePear (the “Service”). In addition, GivePear LLC operates http://givepear.com (the “Site”). The purpose of the Service is to make the world a more giving place by pairing your physical gift with a donation or act of kindness. In this policy, "GivePear" refers to Givepear LLC and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers. We may also refer to GivePear as "We" or "Us".

This Terms of Use (“TOU”) is a legally binding agreement that governs your use of the Service and Site offered by GivePear, and accessed through third party websites. This agreement, together with all updates, supplements, additional terms, and all of GivePear rules and policies collectively constitute this "Agreement" between you and GivePear. BY ACCESSING THE SITE OR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.

If you access the Service or Site from a third party Social Networking Site ("SNS"), such as Facebook you are required to also fully read and accept the SNS Terms of Use and Privacy Policy.

ACCEPTANCE OF TERMS

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information".

By using the Service or Site in any way, you are agreeing to comply with the Terms of Use. In addition, when using particular GivePear services, you agree to abide by any applicable posted guidelines for all GivePear services, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with GivePear in any way, your only recourse is to immediately discontinue use of GivePear. GivePear has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

GivePear currently does not knowingly accept registrations from, or knowingly collect information from, children under thirteen years old. If you are under age thirteen, please do not attempt to register for GivePear or provide any personal information about yourself to us. Our Service and Site are available to individuals age 13 and over. If you are between the ages of 13 and 18, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to themYou may register for an account regardless of where you live. All financial transactions will be processed in U.S. dollars.

GivePear does:
  • NOT collect online contact information from children under the age of 13 without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child's request and will not be used for other purposes without prior parental consent.
  • NOT collect personally identifiable offline contact information from children under the age of 13 without prior parental consent.
  • NOT distribute to third parties any personally identifiable information with respect to children under the age of 13 without prior parental consent.
  • NOT give the ability to publicly post or otherwise distribute personally identifiable contact information with respect to children under the age of 13 without prior parental consent.
  • NOT entice children under the age of 13 by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.
ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of thirteen.

AGREEMENT MODIFICATIONS

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any such changes.

ACCESSING THE SERVICE OR SITE

By accessing or using the Service or Site, including browsing any GivePear website or accessing the Service, you accept and agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Service or Site (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. You must provide all equipment and software necessary to connect to the Service and Site, including, but not limited to, a mobile device that is suitable to connect with and use the Service and Site, in cases where the Service or Site offers a mobile component. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service or Site.

USE OF THE SERVICE OR SITE

The following restrictions apply to the use of the Service and Site.

  • You shall not create an Account or access the Service or Site if you are under the age of 13;
  • You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service or Site by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
  • You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not create an Account or use the Service or Site if you are a convicted sex offender;
  • You shall not have an Account or use the Service or Site if you have previously been removed by GivePear or previously been banned from using the Service or Site;
  • You shall not use the Service or Site if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
  • You shall use your Account only for non-commercial purposes;
  • You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
  • In connection with your use of the Service and Site you will not engage in any activity that may create a risk of injury, death, property damage, and/or liability of any kind;
  • When accessing and/or using the Service and Site, you shall not inflict emotional distress on any person, humiliate any other person, assault or threaten any other person;
  • You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without GivePear’s written permission;
  • You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without GivePear’s permission.
  • If you access the Service or Site from an SNS you shall comply with its terms of service/use as well as these Terms of Use.
CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other User published materials (“Content”) posted on, transmitted through, or linked from the Service and Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of contact that you post, email or otherwise make available via the Service or Site. You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion.

You understand that User Content does not represent the views of GivePear or any individual associated with GivePear and that GivePear does not control, and is not responsible for User Content made available through the Service or Site, and that by using the Service or Site, you may be exposed to Content that is harmful, offensive, indecent, inaccurate, misleading, or otherwise objectionable. GivePear does not vouch for the accuracy or credibility of any User Content on the Service and Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Service and Site. GivePear does not and cannot review all User Content or other communications and materials posted to or created by users accessing the Service or Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the Service and Site, GivePear is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service and Site. However, GivePear reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, in violation of a copyright, trademark or; other intellectual property right of another; (c) harmful; or (d) offensive or otherwise unacceptable to GivePear in its sole discretion.

USER RESPONSIBILITY FOR ACCOUNT NAME AND PASSWORD

You agree that the confidentiality of your account name and password are your responsibility, and you agree to accept responsibility for all activities that occur under your account name and password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Site (“Submissions”), provided by you to GivePear are non-confidential and shall become the sole property of GivePear. GivePear shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

VIOLATION OF TERMS

GivePear reserves the right, in its sole discretion, to reject, refuse to post or remove any user Content (including private messages and products) provided by you, or to deny, restrict, suspend or terminate your access to all or any part of the Service or Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. GivePear expressly reserves the right to remove your profile or account, products and/or deny, restrict, suspend, or terminate your access to all or any part of the Service or Site if GivePear determines, in its sole discretion that you have violated this agreement or that such action would be in the best interest of GivePear.

THIRD PARTY CONTENT, SITES, AND SERVICES

The http://givepear.com site and Content available through the Service may contain links to other websites, which are completely independent of GivePear. GivePear makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GivePear be liable in any way for 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 made available via the Service or Site. You acknowledge that GivePear does not pre-screen or approve Content, but that GivePear shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service or Site, for violating the letter or spirit of the Terms of Use or for any other reason.

Your interactions with organizations and/or individuals found on or through the Service or Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that GivePear shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site or Service, or between users and any third party, you understand and agree that GivePear is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GivePear, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify GivePear’s administration for notice of claims of copyright or other intellectual property infringement administration at: [email protected] Please remember to use partial disclosure if your intellectual property is not protected. When contacting our administration, please provide us with proper Notice as required under the “Copyright Policy” section of our Privacy Policy.

PRIVACY AND INFORMATION USAGE

GivePear has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Service or Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that GivePear may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of GivePear, its users or the general public.

CONDUCT

While using the Service and Site you agree not to post, email, or otherwise make available User Content:

  • That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • That may constitute a crime or tort;
  • That may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • That may create a risk of any other loss or damage to any person or property;
  • That may require any person to enter into private property without permission;
  • That may create a risk of injury, death, property damage, and/or liability of any kind;
  • That is pornographic or depicts a human being engaged in actual sexual conduct, including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
  • That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • That impersonates any person or entity, including, but not limited to, a GivePear employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • That includes personal or identifying information about another person without that person's explicit consent;
  • That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • That constitutes or contains any form of advertising or solicitation if: posted in areas of the GivePear sites which are not designated for such purposes; or emailed to GivePear users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
  • That includes links to commercial services or websites, except as allowed in "services";
  • That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service or Site, or that otherwise negatively affects other users' ability to use the Service or Site;
  • That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service or Site;
  • That otherwise violates any federal, state, or local laws;

Additionally, you agree not to:

  • Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • "Stalk" or otherwise harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes;
  • Use automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Service or SNS - unless expressly permitted by GivePear or the SNS;
  • Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • Attempt to gain unauthorized access to GivePear’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; or
  • Use any form of automated device or computer program that enables the submission of postings on https://givepear.com/ or Service without each posting being manually entered by the author thereof (an “Automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

GivePear DOES NOT ENCOURAGE AND DOES NOT SEEK USER CONTENT THAT RESULTS FROM ANY ACTIVITY DESCRIBED ABOVE. GivePear reserves the right to reject any User Content in which GivePear believes, in its sole discretion, that any such activities have occurred. GivePear further reserves the right to remove any such User Content and permanently ban the user from the Service and/or Service at any time and without notice.

POSTING AGENTS

A “posting agent” is a third-party agent, service, or intermediary that offers to post Content to the Service or Site on behalf of others. To moderate demands on https://givepear.com/ resources, you may not use a Posting Agent to post content to the Service or Site without express permission or license from GivePear. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service or Site to facilitate posting Content on behalf of others, except with express permission or license from GivePear.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to GivePear email addresses or through https://givepear.com/ computer systems is expressly prohibited by these Terms. Any unauthorized use of https://givepear.com/ computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), and such violations may subject the sender and his or her agents to civil and criminal penalties.

PAID POSTING

GivePear may change its Fee Policy at any time for any reason, and the seller will be notified at the email address in their user profile. We may charge a fee to post Content in some areas of the Service or Site. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service or Site is responsible for said Content and compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the service for violating the Terms of Use, or if you delete your profile for any reason.

LIMITATIONS ON SERVICE AND SITE

You acknowledge that GivePear may establish limits concerning use of the Service and Site, including the maximum number of days that Content will be retained by the Service or Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service or Site, and the frequency with which you may access the Service or Site. You agree that GivePear has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service or Site. You acknowledge that GivePear reserves the right at any time to modify or discontinue the Service or Site (or any part thereof) with or without notice, and that GovePear shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.

ACCESS TO THE SERVICE AND SITE

GivePear grants you a limited, revocable, nonexclusive license to access the Service and Site for your own personal use. This license does not include: (a) access to the Service or Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service or Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by GivePear. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service or Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

GivePear permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service or Site so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of GivePear sites so long as the link does not portray GivePear, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

GivePear offers various parts of the Service and Site in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. GivePear permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to GivePear as the source, (d) your use or display does not suggest that GivePear promotes or endorses any third party causes, ideas, websites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden GivePear’s systems. GivePear reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service or Site beyond the scope of authorized access granted to you by GivePear immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service, Site, or any Content made available via the Service or Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from GivePear.

DISCLAIMERS OF WARRANTIES

In the event that you have a dispute with one or more users or a third party relating to a donation or kindness (whether monetary or non-monetary) arising from use of the Service or Site, you hereby release GivePear, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service or Site.

Furthermore, GivePear is not responsible or liable in any manner for any products, User Content or Third Party Content offered through, linked to or posted on the Service or Site. GivePear does not control and is not responsible for what users contribute to the Service or Site and is not responsible for any Content you may encounter on or in connection with your use of the Service and Site that may result in injury, death, property damage, and/or liability of any kind, or that is offensive, inappropriate, obscene, unlawful or otherwise objectionable. GivePear is not responsible for the conduct, whether online or offline, of any user of the Service or Site. Under no circumstances will GivePear be responsible or liable for any loss or damage, including any loss or damage to any User Content, property damage, or personal injury or death, resulting from anyone’s use of the Service or Site, any User Content or third party Content linked to or posted on or through the Service or Site, or any interactions between users of the Service or Site, whether online or offline.

The Service or Site may be temporarily unavailable from time to time for maintenance or other reasons. GivePear assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or User Content.

GivePear reserves the right to change any and all content contained in the Service or Site or offered through the Service or Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by GivePear.

GivePear will mail a check of the donations minus fees (http://givepear.com/faq) to the charity's address registered on the IRS website. GivePear will spare no effort to keep a charity's donations safe. HOWEVER, GIVEPEAR IS NOT RESPONSIBLE TO REIMBURSE CHARITIES OR USERS FOR ANY DONATIONS LOST, STOLEN, or MISPLACED, FOR ANY REASON.

You Understand and Agree that:
  • Your use of the Service and Site is at your own risk.
  • The Service and Site, and all content, User Content, third-party Content, products and services included in the Service and Site are provided “as is” with no warranties whatsoever.
  • GivePear disclaims all warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property.
  • GivePear makes no warranty or representation regarding (i) any Content, User Content, third party content, product or service offered or sold through the Service or Site (ii) the results that may be obtained from the use of the Service or Site, (iii) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Service or Site, or (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. GivePear does not represent or warrant that the Service or Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
  • Use of our Service and Site is at your sole risk. The use or purchase of any products, material, user content products and/or data downloaded or otherwise obtained through the use of the Service or Site is at your own discretion and risk and you will be solely responsible for any damage that results from the purchase of such products or the download of such material, user content and/or data.
LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, you hereby release, and waive all claims and demands against GivePear and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service or Site.

UNDER NO CIRCUMSTANCES SHALL GIVEPEAR, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, JOINT VENTURES, ANY OTHER CORPORATE ENTITIES UNDER COMMON OWNERSHIP, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, OR EMPLOYERS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GivePear HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OR RESULTS OF YOUR USE OF THE GIVEPEAR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GIVEPEAR SITE OR THE SERVICE, FROM INABILITY TO USE THE GIVEPEAR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GIVEPEAR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVEPEAR SITE OR THE SERVICE OR ANY LINKS ON THE GIVEPEAR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIVEPEAR SITE OR THE SERVICE OR ANY LINKS ON THE GIVEPEAR SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT GIVEPEAR SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, HARMFUL, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to indemnify and hold GivePear, and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers harmless from any claim or demand, including reasonable attorney fees and court costs, related to or in connection with (i) the use of the Service or Site or the Internet or your placement or transmission of any message or information on this Service or Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of The United States or any other country; (v) any claim or damages that arise as a result of any User Content that you provide to GivePear; or (vi) any other party’s access and use of the Service or Site with your username, password or other appropriate security code.

MEMBER DISPUTES

You are solely responsible for your interactions with other users of the Service or Site and any other parties with whom you interact through the Service and/or the Site. GivePear reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users of the Service or Site, you release GivePear and its officers, subsidiaries, affiliates, parent companies, joint ventures, any other corporate entities under common ownership, successors, assigns, directors, officers, agents, service providers, suppliers, and employers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of a donation.

GENERAL INFORMATION

These terms constitute the entire agreement between you and GivePear with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The section and other headings contained in this TOU are for reference purposes only and shall not affect the meaning or interpretation.

This TOU and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of New York. You and GivePear agree to waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Nassau County, New York. In the event that litigation results from or arises out of this TOU or your use of the Site, Service or any part thereof, you and GivePear agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. You and GvePear agree that any cause of action arising out of or related to this Site, Service, or any part thereof must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

ARBITRATION OPTION

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms of Use to GivePear are of a unique and irreplaceable nature, the loss of which shall irreparably harm GivePear and which cannot be replaced by monetary damages alone. Accordingly, GivePear shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service, Site, or any content or other material used or displayed through the Service or Site and agree to limit your claims to claims for monetary damages.

TERMINATION OF SERVICE OR SITE

You agree that GivePear, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service or Site, immediately and without notice, and remove and discard any Content within the Service or Site, for any reason, including, without limitation, if GivePear believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that GivePear shall not be liable to you or any third-party for any termination of your access to the Service or Site. Further, you agree not to attempt to use the Service or Site after said termination.

PROPRIETARY RIGHTS

The Service and Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service and Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site, Service, or the collective work, and/or copying or reproducing the Site, Service, or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of GivePear. You further agree not to reproduce, duplicate or copy Content from the Service or Site without the express written consent of GivePear, and agree to abide by any and all copyright notices displayed on the Service and Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service and Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service and Site.

Although GivePear does not claim ownership of content that its users post, by posting Content to any public area of the Service or Site, you automatically grant, and you represent and warrant that you have the right to grant, to GivePear an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed). You represent and warrant that GivePear is free to use the User Content, and implement any suggestions contained therein, if it so desires, as provided or as modified by GIvePear, without obtaining permission or license from any third party and without any compensation to you. Furthermore, by posting Content to any public area of the Service or Site, you automatically grant GivePear all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Site by any party for any purpose.

SEVERABILITY

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

NO WAIVER

The failure of GivePear to require or enforce strict performance by you of any provision of these Terms of Use or the GivePear Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of GivePear’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by GivePear of any provision, condition, or requirement of these Terms of Use or the GIvePear Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by GivePear shall be deemed a modification of these Terms of Use nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of GivePear.

FORCE MAJEURE

GivePear shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GivePear, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GivePear’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

SUGGESTIONS

GivePear always welcomes your suggestions and ideas. Please direct suggestions, ideas or questions to [email protected]