TERMS AND CONDITIONS OF USE
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions of Use “Terms”) at any time. You can find the most recent version of these Terms on the website, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms whenever you visit this website to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms, your sole recourse is to immediately stop all use of the website. Your continued use of the website following the posting of modifications will constitute your acceptance of the revised Terms. Should you have any questions regarding the use of our website, please contact us at: support@TheNeedINDeed.org.
1 . YOUR REGISTRATION OBLIGATIONS.
INDIVIDUALS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
To obtain and use the website, you will be required to register with TheNeedINDeed by completing a registration form and designating a user ID and password. You represent and warrant that you:
- Are authorized to use the website.
- All of your registration and account information is true, accurate, and complete.
- You will maintain the security of your password.
- You accept all responsibility for all activity that occurs under your user name.
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund. You agree to immediately notify TheNeedINDeed of any unauthorized use of your user ID or password or any other breach of security. TheNeedINDeed cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
All content on the website and/or on e-mails distributed to you from TheNeedINDeed, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of TheNeedINDeed or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
If you do post content, and unless we indicate otherwise, you grant TheNeedINDeed a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TheNeedINDeed and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the content that you post and/or submit; (b) the content is accurate; (c) the use of the content you post and/or submit does not violate these Terms; and (d) the content will not cause injury to any person or entity. TheNeedINDeed takes no responsibility and assumes no liability for any content posted by you or any third party.
You are solely responsible for your content. You assume all risks associated with use of your content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by TheNeedINDeed.
Content posted by users and other non-TheNeedINDeed contributors are not reviewed by TheNeedINDeed. TheNeedINDeed shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove any and all Content for any reason or no reason.
3. COMMUNITY GUIDELINES.
All the reviews posted here are individual, subjective opinions. The opinions expressed are not those of TheNeedINDeed. We do not endorse nor are we affiliated with any nonprofit listed or reviewed on this website. TheNeedINDeed reserves the right to remove a review for any reason.
You may post or submit feedback, materials, information, ideas, opinions and other content, provided that your content does not:
- use the website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the website;
- use the website to promote bigotry or discrimination against protected classes;
- use the website to post content in exchange for rewards or incentives or offer rewards or incentives for positive reviews;
- use the website to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the website to transmit or post pornography or illegal content;
- use the website to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use the website to include an individual’s full name in negative reviews or comments. In other words, use only the individual’s first name;
- use the website to publicize private information, e.g. the phone number or physical address of an individual;
- use the website to post reviews unrelated to the nonprofit’s work or performance of its services;
- use the website to post negative reviews with second-hand information. Please submit reviews based on your direct experience; or
- use the website in violation of the Terms of Service or any applicable law.
Enforcement of the user content or conduct rules set forth in these Terms is solely at TheNeedINDeed’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules.
4. USE OF WEBSITE.
You may use or download material displayed on this website for noncommercial, personal use only. If you download material, you must retain all copyright and other proprietary notices displayed on the materials. Except as otherwise expressly permitted by these Terms or with TheNeedINDeed’s prior written consent, you may not: (i) collect, use, copy or distribute any portion of the website; (ii) resell, publicly perform or publicly display any portion of the website; (iii) modify or otherwise make any derivative uses of any portion of the website; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the website; (v) use the website in a manner which results in the depletion of web site infrastructural resources; (vi) download (other than page caching) any portion of the website or any information contained therein; or (vii) use the website other than for their intended purposes. TheNeedINDeed.org reserves the right to refuse service, and terminate accounts if we believe that your conduct violates these Terms.
5. THIRD PARTY WEBSITES AND CONTENT
We may host or provide links to web pages, web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership, or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the website.
Donations made through TheNeedINDeed are securely processed by Stripe. Stripe deducts 2.2% + $.30 from each non-American Express transaction (added +1% for all international card payments) and 3.5% for American Express.
Donations are made to TheNeedINDeed, a 501(c)(3) tax-exempt organization. Donations made through TheNeedINDeed are a complete and final.
7. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE WEBSITE OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (VI) THAT THE WEBSITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL THENEEDINDEED BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. INDEMNIFICATION AND RELEASE.
You will indemnify, defend, and hold us and our officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the website; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmit through or link from the website.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the website) and to block or prevent your access to and use of the website for any or no reason.
11. ELECTRONIC COMMUNICATIONS
Notwithstanding any terms to the contrary in these Terms, TheNeedINDeed may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with TheNeedINDeed or upon registration with the website; or (ii) posting messages that are displayed to you when you log in to or access the website. TheNeedINDeed’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with TheNeedINDeed, and to receive electronically all current and future notices, disclosures, communications, and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
These Terms and your use of the website will be governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in the State of Minnesota. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to support@TheNeedINDeed.org. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.