Welcome to The Kindness Initiative web site (“Site”). These Terms of Use set forth the conditions for your use of this Site, The Kindness Initiative (“TKI”, “we” or “us”) may modify these Terms of Use in the future, so please check this page regularly.
Please read these Terms of Use carefully, because by visiting or using this Site, you agree to be legally bound by and comply with them. If you do not agree to comply with these Terms of Use, you are not authorized to use this Site.
Security
The Kindness Initiative protects your registration and credit card donation information by using Secure Sockets Layer (“SSL”) technology. SSL encrypts your credit card and accompanying information to avoid the decoding of that information by any third party.
We strive to keep information we may collect from you in a secure manner and safeguard it from unauthorized access. We store your data in a secure, restricted-access database. But despite our best efforts, no data transmitted over the Internet can be guaranteed to be 100% secure. Therefore, you provide us with your information at your own risk.
Copyright
Copyright in this Site and the materials included in it, unless otherwise indicated, is owned by The Kindness Initiative, 2020. All rights reserved.
Text
You may copy or distribute the text materials contained in this Site, but only for personal, non-commercial use, and only if the following copyright notice appears in all copies: “© 2020, The Kindness Initiative. All rights reserved.” The text materials contained in this Site may not be modified or altered in any way.
Graphic Material
You may not copy or distribute any photograph, illustration, artwork or other graphic material contained on this Site for any use without first obtaining the permission of The Kindness Initiative (at [email protected] or the address and numbers listed below) and the copyright owner.
Except for the foregoing, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.
Trademarks
The Kindness Initiative and any other trademarks or service marks on our Site (“Our Trademarks”) are trademarks and service marks of The Kindness Initiative in the United States.
You may not use Our Trademarks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use Our Trademarks in any manner that disparages or discredits us.
Links, Frames and Metatags
You may link to the home page of our Site as long as the link does not cast us in a false or misleading light. The Kindness Initiative prefers advance notice of such linking. Please notify The Kindness Initiative at [email protected] or at the address and numbers listed below. You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporates Our Trademarks or our name without our express written consent.
Links to Other Web Sites
Our Site contains links to other websites that we think may be of interest to you. These websites are governed by their own privacy policies, which you should read. We have no control over these other sites or their content. Except for information, products or services clearly identified as being supplied by The Kindness Initiative, we do not in any way review, operate, or control any material, information, products or services on other sites. Because we are not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any external link to the administrator or webmaster of that site. You should be aware when you leave our Site for another, and remember that other sites are governed by their own terms of use and privacy policies, which you should read.
Disclaimers
Our Site is available “as is.” To the maximum extent permitted under law, we deny all express or implied warranties with respect to OUR Site or any information that is available through OUR Site, including without limitation fitness for a particular purpose. We do not warrant that OUR SITE will be uninterrupted or error-free. We do not make any representations REGARDING the accuracy OR completeness of any STATEMENT OR INFORMATION displayed or distributed on OUR Site or available through links on OUR Site. We reserve the right to correct any errors or omissions in OUR Site. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH IT, YOU DO SO SOLELY AT YOUR OWN RISK.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR SITE, INCLUDING CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION IN THESE TERMS OF USE. WE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, SITE SERVICES, OR THESE TERMS OF USE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Termination
We reserve the right to terminate our Site and its Terms of Use at any time without notice for any reason, including, in the case of the Terms of Use, for your violation of any of its provisions. The Disclaimers, Limitation of Liability and Governing Law Sections of these Terms of Use shall survive any such termination.
Governing Law
These Terms of Use will be governed by the laws of California applicable to contracts made and performed there without regard to its conflict of laws principles. You agree that any claim or dispute arising out of or relating to these Terms of Use will be brought in the state and federal courts sitting in California and County of San Diego. You agree to submit to the exclusive jurisdiction of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Severability
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed and will not affect the validity and enforceability of any remaining provisions.
How to Contact The Kindness Initiative
Please contact The Kindness Initiative at [email protected] or at the address and numbers listed below with respect to any inquiries about our Privacy Policy, our Site, or if you wish to update, correct, or delete any data you have provided to us either online or offline.
The Kindness Initiative, 44950 Murphy Canyon Rd, San Diego, CA 92123 phone: 858-216-1666.