Terms of Use

Welcome to the website ("Website") of YouGiveGoods, LLC ("YGG"). YGG is an Internet ecommerce platform through which users communicate, organize and purchase goods, products and services for delivery to qualified 501(c)(3) non-profit organization users to benefit others.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

Your use of the Website will be deemed to be acceptance of all Terms of Use.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

YGG may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the goods, products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website are conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its goods, products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. YGG makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its goods, products and services are available outside of the United States. Those who choose to access this Website from any location do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. YGG shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, as set forth in any additional terms of use relating to specific goods, products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of YGG is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Website, as well as the organization and layout of this Website, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print-out of this Website, or portions of the Website, must include YGG's copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of YGG.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of YGG. You may not use a part of this Website on any other Website, without YGG's prior written consent.

YGG respects the intellectual property rights of others and expects our users to do the same. The policy of YGG is to terminate the accounts of repeat copyright offenders and other users who infringe the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at admin@yougivegoods.com or YouGiveGoods, LLC, P.O. Box 141, Morristown, New Jersey 07963-0141.

6. Links

For your convenience only, we may provide links to various other websites that may be of interest to you. However, YGG does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms of use or terms of use policies of any other company or website you may link to from our Website. This Terms of Use policy applies only to YGG's Website and the goods, products and services YGG offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. YGG reserves the right to terminate any link or linking program at any time. YGG disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without YGG's written permission. If you are interested in linking to this Website, please contact admin@yougivegoods.com or YouGiveGoods, LLC, P.O. Box 141, Morristown, New Jersey 07963-0141.

7. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to YGG that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

8. Spamming

Gathering email addresses from YGG through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with YGG should be directed to: admin@yougivegoods.com or YouGiveGoods, LLC, P.O. Box 141, Morristown, New Jersey 07963-0141.

9. No Warranties

YGG does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

THE WEBSITE, AND ANY CONTENT, AND ANY GOODS, SERVICES OR PRODUCTS SOLD HEREUNDER ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH YGG EXPRESSLY DISCLAIMS. YGG DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND YGG WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. YGG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY YGG. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability

IN NO EVENT SHALL YGG'S LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS SERVICES AND THE PURCHASE OF GOODS HEREUNDER EXCEED THE GREATER OF (1) THE ACTUAL PRICE IN DOLLARS YOU PAID FOR GOODS PURCHASED ON THE WEBSITE OR (2) THE SUM OF FIFTY DOLLARS.

11. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of New Jersey, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. These Terms of Use and your relationship with YGG, shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and YGG agree to submit to the exclusive jurisdiction of the federal and state courts with jurisdiction over Morris County, New Jersey to resolve any legal matter arising from or relating to the Website. Notwithstanding this, you agree that YGG shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12. Separate Agreements

You may have other agreements with YGG. Those agreements are separate and in addition to these Terms of Use and do not modify these Terms of Use, nor do these Terms of Use modify, revise or amend the terms of any other agreements you may have with YGG.

13. U.S. Resident Over Age of 13

You represent that you are a United States resident and you are 13 years of age or older.

14. No Professional Advice

The information available on the Website is intended to be a general information resource for use by adults, not minors, regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. With respect to any purchases, YGG is not a tax advisor and cannot advise you that any purchase of goods, products or services made via this Website is deductible for federal or state tax purposes. All 501(c)(3) non-profit organization users agree to deliver a receipt for each purchase delivered to them via the YGG platform in accordance with applicable laws regarding tax deductibility, but such notification does not constitute advice from YGG that a receipt may be used as a tax record. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR LEGAL, TAX, FINANCIAL AND OTHER ADVISORS, AS APPROPRIATE.

15. User Disputes

You are solely responsible for your interactions with other Users. YGG reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions And Communications; Public Areas

You acknowledge that you own, are solely responsible for, or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify YGG or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to YGG by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted YGG a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. YGG may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to YGG by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. YGG has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum before participating in that forum.

YGG reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. YGG has no liability or responsibility to users of the YGG Website or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Indemnity

You agree to defend, indemnify, and hold YGG, its officers, directors, employees, agents, licensors, and suppliers, and their respective officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

18. Additional Terms

If you are a Registered user, which is not required to purchase goods, you will select a password ("Password") and Login Name ("Login Name"). You shall provide YGG with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.

You may not:

(i) select or use a Login Name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization;
(iii) use a Login Name that the Website, in its sole discretion, deems inappropriate or offensive.

You shall notify YGG of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

If you are an organization receiving goods for the benefit of others, you represent that you are duly qualified under section 501(c)(3) of the Internal Revenue Code and that you will issue receipts to individual purchasers for their purchases.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at YGG's sole discretion, and you may be reported to appropriate law enforcement agencies.<.p>

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at admin@yougivegoods.com or YouGiveGoods, LLC, P.O. Box 141, Morristown, New Jersey 07963-0141.

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