TERMS OF SERVICE
Welcome! Please read these Terms of Service (the "Agreement") carefully, as they contain the legal terms and conditions that govern your use and access of the website,beta.Kanduit.com and mobile application ("Kanduit" or the "Service"). This Agreement governs your use of Kanduit and constitutes a legally-binding agreement between each user ("you," "your," "User") and Appigi LLC ("we," "us," or "our"). If you have any questions about this Agreement please contact us at email@example.com
ACCEPTANCE OF THIS AGREEMENT
Please note that we reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at Terms of Service and we will do our best to give you notice of any such changes. If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Service.
Kanduit connects social service providers to resources that empower users to be safe, healthy, housed, educated, and employed. Nonprofit organizations need help from other nonprofits or government organizations—a process that we facilitate.
To utilize the Service, users can log in and look for a program by entering a program name or type of service needed and by entering a city or zip code on the homepage. You can refine your search further with optional advanced filters, including population served, age, sex, education, income, or language. Results display various services providers, each with contact information and details about the services offered, locations, and hours. Users can then send, save, or print listings, and/or contact a service provider directly.
USER ACCOUNT AND AUTHORITY TO RELEASE PERSONAL INFORMATION TO SOCIAL SERVICES
When you setup your user account, you must provide us with an email address and a password, as well as your age and gender. By creating an account, you hereby grant us authority to release relevant personal information to any third-party social service that you request we disclose this information to, including your first and last name and email address. You further affirm that you are over eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You represent and warrant that: (i) you have not been previously suspended or removed from the Service; (ii) the information you provide to us is accurate and complete; (iii) you will keep your password secure; and (iv) you will notify us of any suspected breach of security or unauthorized use of your account. And, you acknowledge that cannot transfer your Kanduit account to any third-party without our express permission.
The design, layout, and source code of the Service are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark ("IP Rights"). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
NON-EXCLUSIVE LICENSE TO USE THE SERVICE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Service during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
Sublicense, distribute, or use the Service outside the scope of the license granted in this Agreement;
Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Service or otherwise attempt to discover any source code or trade secrets related to the Service;
Rent, lease, sell, assign, or otherwise transfer rights in or to the Service;
Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Service;
Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Service, including screenshots and transcripts, in any way, unless we provide our express written consent;
Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with Appigi LLC or the Service; and
Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Service.
Any use of the Service other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use Kanduit granted in this Agreement.
Kanduit is provided only for your own personal use. You are responsible for all of your activity in connection with the Service. As a condition of your use of the Service, you agree to comply with all U.S. and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
Activities that Would Harm Kanduit
Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on Kanduit’s infrastructure;
Not to interfere or attempt to interfere with the proper working of Kanduit or any activities conducted using the Service;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Service that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Kanduit;
Not to circumvent any security-related features of the Service, including those designed to limit copying or reproduction;
Not to build, or authorize another party to build, a competitive product to the Service;
Not to recruit or otherwise solicit any user of the Service to join third-party services or websites that are competitive to Kanduit, without our prior written approval;
Not to bypass any measures we may use to prevent or restrict access to Kanduit (or other accounts, computer systems, or networks connected to the Service);
Not to use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the website; and
Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Kanduit, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of Kanduit; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Activities that Would Harm Users
Not to impersonate any person or entity, including any of our employees or representatives
Not to use the web site to threaten, intimidate or harass any other person
Not to engage in any harassing, intimidating, or predatory behavior, or stalk any other user of Kanduit.
Not transmit any portographic, lewd, immoral, obscene, offensive libelous, vulgar, or tortious material, material that is invasive of another’s privacy, or material that disparages or insults any individual or group, based on race, ethnicity, gender, nationality, sexual orientation, disability, or other immutable characteristic; and
Not upload, post, email, or otherwise transmit any advertising, promotional materials, any solicitations, or spam to any user unless you have written authority to do so by Appigi, LLC
Activities that Would Violate Law or Third-Party Rights
Not to violate any applicable local, state, national, and international laws or regulations including but not limited to, the Health Insurance portability and Accountability Act of 1996, including all implementing regulations and all amendments.
Not use this website if it violates any contractual or fiduciary obligations you have to third parties, including that you wil lnot transmit the private, confidential, trade secret, trademark, proprietary or other non-public information of any other party through the website
Not transmit false information through the web site
Not upload, post, email or otherwise transmit any information or content unless you have the lawful right to disseminate such content and
Not to use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
RIGHT TO TERMINATE YOUR ACCOUNT OR BLOCK ACCESS TO THE SERVICE
Our Right to Terminate Account
We may terminate your account or otherwise prevent you from using the Service at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.
If we terminate your account, you must immediately stop using the Service and you agree not to attempt to regain access to the Service without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
User’s Right to Terminate Account
If you wish to terminate your account with Kanduit, please contact us at firstname.lastname@example.org
In the event of termination of your account, the provisions of this Agreement shall remain in effect.
Our Right to Block Access to the Service
We further reserve the right to block access to the Service to anyone for any reason at any time.
THIRD-PARTY SERVICES AND CONTENT
We utilize links and other tools to connect users to third-party services and features in order to maintain the Service, and we also provide links to the websites of third-party social services ("Third-Party Services"). We have no control over the content or policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through Kanduit are solely responsible for complying with the terms and policies of these third parties.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.
In addition, Appigi/ Kanduit does not warrant, will not be responsible for examine or evaluating the accuracy of, and will not have any liability or responsibility for any medical information, research or clinical materials or information provided by any third party material, content products, advertisements, web sites, services or other materials or documentation. Any medical content, services, information, advice or materials of any kind accessed through Kanduit is for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional. you agree that you will not use any third party materials or any services in a manner that would infringe upon or violate the rights of any other party and that Kanduit/Appigi, LLC is not in any way responsible for any such use by you.
DISCLAIMER AND RELEASE
Kanduit may contain content that is provided by other parties. Appigi, LLC will work with the other parties to provide the most accurate information that we can provide. We provide no warranties with respect to the content and your use of Kanduit content is solely at your risk.
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE "APPIGI LLC PARTIES") DO NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR THAT DEFECTS WITH THE SERVICE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE AND ANY THIRD-PARTY SOFTWARE ON THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD-PARTY SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF THIRD-PARTY SERVICES AND OTHER PERSONS ON THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THIRD-PARTY SERVICES AND OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US. BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS AND THIRD-PARTY SERVICES OR OTHER PERSONS, IN THE EVENT THAT YOU HAVE A DISPUTE, YOU RELEASE THE APPIGI LLC PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND THIRD-PARTY SERVICES OR OTHER PERSONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT, OMISSION, OR MISUSE OF INFORMATION BY ANY THIRD PARTY.
YOU MAY EXPOSE YOURSELF TO LIABILITY IF, FOR EXAMPLE, YOU CONTENT CONTAINS MATERIAL THAT IS FALSE, INTENTIONALLY MISLEADING, OR DEFAMATORY; VIOLATES ANY THIRD-PARTY RIGHT, INCLUDING COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, MORAL RIGHT, PRIVACY RIGHT, RIGHT OF PUBLICITY, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; CONTAINS MATERIAL THAT IS UNLAWFUL, INCLUDING ILLEGAL HATE SPEECH OR PORNOGRAPHY; EXPLOITS OR OTHERWISE HARMS MINORS; OR VIOLATES OR ADVOCATES THE VIOLATION OF ANY LAW OR REGULATION
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE APPIGI LLC PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF THE APPIGI LLC PARTIES IN ANY CIRCUMSTANCE EXCEED THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO THE SERVICES DURING THE TERM OF THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Appigi LLC Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule or regulation, or the rights of any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also at any time and from time to time issue upgraded versions of the mobile application, and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that this Agreement will apply to all such upgrades.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing Kanduit in an unauthorized manner. You acknowledge that under this Agreement by using the Service you are deemed to have received any and all notices that would have been delivered had you accessed Kanduit in an authorized manner.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
CHOICE OF LAW
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
ARBITRATION AND WAIVER OF CLASS ACTION
You agree to arbitrate any dispute with us arising from this Agreement or your use of the Service on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of Appigi LLC further agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND APPIGI LLC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
NOTE TO INTERNATIONAL USERS
Kanduit is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of the Service, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
We welcome comments, questions, concerns, or suggestions. Please contact us at: email@example.com
EFFECTIVE DATE: January 7, 2015