Section 1. General
By accessing or using the Gively website (the ‘Site’) and the services (together with the Site, the ‘Services’) offered by Gively , LLC (together with its agents, representatives, consultants, employees, officers, and directors – collectively, ‘Gively ’, ‘we,’ or ‘us’), you are agreeing to these legally binding rules (the ‘Terms’ or ‘Agreement’) and you represent and warrant that you have the right, authority, and capacity to enter into this agreement personally, or if on behalf of the entity entering into this agreement, and to bind such entity to the Terms of this Agreement.
To be eligible to use the Services and access the Site, you must: (1) be at least 18 years of age (or the legal age in your jurisdiction).
Access to the Site and Services from territories where the Site and/or Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Site and Services.
1.4. Additional Terms.
Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with this Agreement of use, this Agreement shall govern.
We may, in our sole discretion, change these Terms from time to time. When we change these Terms, we will revise the updated date on this page. If we make any material changes to the Terms, we will notify you on the Site or by sending an email to the email address associated with your account (if applicable). We recommend that you check the Site from time to time to inform yourself of any changes to these Terms or any of our other policies. If you keep using Gively after a change to these Terms, that means you accept the Terms.
Section 2. Intellectual Property
2.1. Ownership of the site, Site information and services.
The Site and Services and all technology underlying the same are expressly owned and operated by Gively. Unless otherwise noted, the design and content features on the Site and Services, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Gively or its affiliates, if any, or are licensed by Gively from third parties. The Site and Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Section 3. Subscriptions and Fees
3.1. Member Subscriptions and Fees.
We charge a monthly subscription fee for Members to provide the Services to their End Users. We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. Gively reserves the right to change the terms of your subscription, including the subscription price, from time to time, effective as of the beginning of your next subscription term. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. Gively will provide the Services to you at the rates of and for the fees (“Fees described on the Pricing page, linked here and incorporated into this Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your Gively Account (such as handling a disputed charge). We may revise the Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable law).
3.2 Cancellation and Refunds.
You can cancel your subscription by emailing email@example.com. You must cancel your subscription at least thirty (30) days prior to your next recurring billing date in order to avoid being charged. If you cancel your subscription, you and your End Users will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel, including if you switch your billing from Gively to a third-party, you will also forfeit any service, referral, or redeemed gift card credits, and any recurring payments set up by your End Users will no longer be active. Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not be entitled to receive a credit, including for partially used periods of Service.
3.3 End User Fees.
End Users may incur fees for payments processing and Gively’s provision of the Services.
3.4. Payment Processing Partner.
Section 4. Data Security
Gively agrees to preserve the confidentiality, integrity and accessibility of Organization data with administrative, technical and physical measures that conform to generally recognized industry standards (see “15. Industry Standards”) and best practices that Gively then applies to its own processing environment. Maintenance of a secure processing environment includes but is not limited to the timely application of patches, fixes and updates to operating systems and applications as provided by Gively or open source support.
Gively agrees that all data exchanged shall not be distributed, repurposed or shared across other applications, environments, or for external commercial purposes.
Section 5. Indemnification
You agree to defend, indemnify, and hold Gively (and its affiliates, officers, directors, employees, and agents) harmless from and against any and all liabilities, claims, demands actions, costs, losses, damages, and expenses of any kind (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use, misuse, or abuse of Gively and its Services, your Content, or your beach of any provision of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. You shall not in any event settle any matter without Gively ’s written consent.
Section 6. Disclaimers
You acknowledge that you use our Site and Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. The Site, Services or Site Information may contain errors or omission, or may be out of date. The Site, Services or Site Information may, without prior notice, change, be deleted or updated at any time.
Gively specifically disclaims all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information (oral or written) obtained by you from Gively shall create any warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Section 7. Limitation of Liability
To the fullest extent permitted by law, in no event will Gively , its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Site or Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Gively ’s liability for direct damages be in excess of (in the aggregate) the amount you have paid Gively in the six (6) months prior to the initiation of your claim.
Section 8. Claim Must Be Filed Within One Year; Arbitration; No Class Actions
Any dispute, claim or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court. If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim ("Notice") to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.
Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in King County, Washington before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You also agree that we may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of the Services or intellectual property rights.
Section 9. Jurisdiction and governing law
These Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflicts of law provisions, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods. You agree that Gively and its Services are deemed a passive website that does not give rise to jurisdiction over Gively or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Washington.
Section 10. Miscellaneous
These Terms and the other material referenced in them are the entire agreement between you and Gively with respect to the Site and Services and supersede any prior agreements or proposals (whether oral, written, or electronic). If one or more portions of these terms shall, for any reason, be held to be invalid or unenforceable, the remaining portion will remain in full force and effect. The headings used throughout these terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these terms. If Gively fails to enforce any parts of these terms, it will not be considered a waiver. These terms do not confer any third-party beneficiary rights. You will not assign or transfer any of your rights or responsibilities under these terms to anyone without Gively ’s express written permission. Gively may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Gively shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
Section 11. Notices
You may contact us via email at firstname.lastname@example.org.
We may provide required information to you via e-mail at the e-mail address you specified when you signed up for the Site (or subsequently provided when updating your account information). Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately.
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