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Terms of Service
Last Updated: December 17, 2010 Welcome to 33needs, a corporation (together with its officers,
directors, agents, employees, partners and their respective
affiliates, collectively, “33needs”) whose mission is to ensure all
everyone has the opportunity to invest in social enterprises. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS
WEB SITE, YOU AGREE TO BE BOUND BY ALL TERMS OF USE DESCRIBED HEREIN
AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE OR ACCESS THIS WEB SITE. These Terms of Use (“Agreement”) constitute a contract between you
(“you”) and 33needs and governs your use of the 33needs Web site,
located at www.33needs.com (the “Website”). By using the Website, you
agree to be bound by this Agreement, whether or not you become a user
on the site as an entrepreneur (“Social entrepreneur”), an investor
(“Investor”) who makes an investment (“Investment”) in any offering
put forth by an Social entrepreneur, or participate in 33needs’s
services (the “Services”) in any way, or otherwise use the Website (in
each such capacity, a “User”). If you wish to become a User,
participate in the Services or otherwise become a User of the Website,
you must read all of the terms and conditions in, and linked to, this
Agreement (including the Privacy Policy and the Terms and Conditions
for Services which are applicable to Social entrepreneurs and
Investors). If you do not agree with all of the terms of this
Agreement, the Terms and Conditions for Services and/or the Privacy
Policy, you are not eligible to participate in the Services or use
this Website, and please refrain from doing so. This Agreement does
not alter in any way the terms or conditions of any other agreement
you may have with 33needs, or its subsidiaries or affiliates, for the
Services or otherwise. If you are using the Website on behalf of any
entity, you represent and warrant that you are authorized to accept
this Agreement on such entity’s behalf, and that such entity agrees to
indemnify you and 33needs for violations of this Agreement. This Agreement supersedes any previous Agreement to which you and
33needs may have been bound regarding the use of the Website. This
Agreement may be modified by 33needs in its sole discretion from time
to time and such modifications shall automatically become part of this
Agreement and shall be effective once posted by 33needs on the
Website. Your use of the Website will be subject to any such
modifications. You should review the Website and this Agreement from
time to time for any modifications. If you do not agree with the
modifications, you must stop using or accessing the Website. This
Agreement will be binding on, inure to the benefit of and be
enforceable against the parties and their respective successors and
assigns. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of the Agreement. All
rights not expressly granted herein are hereby reserved. Headings are
for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. 1. Participation in the Services
33needs manages the Website, which allows Social Entrepreneurs to
raise funds from Investors through fundraising websites that Social
entrepreneurs create. Investors can invest in the offerings provided
by Social entrepreneurs. Offerings are considered high-risk and all
participation in the Services is governed by the Terms and Conditions
for Services. Please refer to our Terms and Conditions for Services
for the terms, conditions and policies applicable to your
participation in the Services. By participating in the Services
through the Website, you agree to be bound by and accept the Terms and
Conditions for Services. The Terms and Conditions for Services are
subject to change without prior notice at any time, in 33needs’s sole
discretion so you should review the Terms and Conditions for Services
each time you make an Investment. 2. Proprietary Rights
“33needs” and the “33needs” logo are trademarks and service marks of
33needs. 33needs or its licensors own and retain all proprietary
rights in the Services, the Website and all material and information
posted thereon (“Content”). The Website contains the copyrighted
material, trademarks and other proprietary information of 33needs and
its licensors. You may display and print limited copies of the Content
for your personal, non-commercial use in connection with your
participation in the Services (except as provided herein), but you may
not alter, modify, publish, distribute, publicly display or sell any
Content or other such proprietary information, or otherwise copy or
transmit any Content or other such proprietary information without the
express written permission of 33needs. In addition, to the extent you
receive information from 33needs, Social entrepreneurs or other
Investors with respect to any Investment activity on the Website, you
may not further disclose or otherwise provide such information to
another party in any way that allows a personal identification of such
Social entrepreneur or Investor.
If you post any messages or other information on the Website, you
agree that such messages and information shall be considered Content,
and you agree to grant, and shall be deemed to have automatically
granted to 33needs an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to: (a) use, copy, perform, display and
distribute such information and content; (b) modify, alter, prepare
derivative works of, and/or incorporate into other works, such
information and Content; and (c) grant and authorize sublicenses of
the foregoing. You represent and warrant that you have the right,
power and authority to grant the foregoing license. To the extent you upload or post any photographs of yourself on the
Website, you agree that such materials shall be considered Content for
the purposes of the foregoing license grant, and you agree to release,
discharge and hold harmless 33needs from any and all claims or
liability, whether known or unknown, including any and all claims in
connection with the publication, production, processing, distribution
or exploitation of such Content, including any claims of infringement
of any rights of publicity or rights of privacy. You acknowledge, consent and agree that 33needs may, at its sole
discretion and to the extent permitted by law, access, read, preserve
and disclose your account information, usage history and submitted
Content in order to: (a) comply with any applicable law, regulation,
legal process, or governmental request; (b) respond to claims that any
Content violates the rights of third parties, including intellectual
property rights; (c) enforce this Agreement and investigate potential
violations thereof; (d) detect, prevent, or otherwise address fraud,
security, or technical issues; (e) respond to your requests for
customer service; or (f) protect the rights, property, or personal
safety of 33needs, its users, or the public. 3. Acceptable Use
The Website is for use in connection with the Services and may not be
used by you in connection with any other endeavors except as
previously approved in writing by 33needs. Your use of the Website
shall be in strict compliance with this Agreement and all other
procedures and guidelines set forth on the Website and applicable law.
You may not transmit any chain letters or junk email to any User or
any other Person. Illegal and/or unauthorized uses of the Website,
including collecting the name, email address or any other personal or
confidential information of any User by electronic or other means for
any reason, including, without limitation, the purpose of sending
unsolicited email and unauthorized framing of or linking to the
Website, will be investigated and appropriate legal action will be
taken, including, without limitation, civil, criminal and injunctive
redress. Although 33needs assumes no obligation to monitor the conduct of any
User on or off the Website, it is a violation of this Agreement to use
the Website or any information obtained from the Website in order to
harass, abuse, or harm another person. In order to protect its Users
from this or other misuse, 33needs reserves the right to remove
Content from the Website that violates acceptable use in 33needs’s
sole discretion and restrict the number of emails or messages that a
User may send to others through the Website in any 24-hour or other
period to a number that 33needs deems appropriate, in 33needs’s sole
and absolute discretion. The Website includes features and functionality whereby a User may
post and transmit information, images and other materials. All such
information, images and materials, whether publicly posted or publicly
or privately transmitted, are the sole responsibility of the User who
originates such content. 33needs assumes no obligation to monitor or
control such posted or transmitted Content and cannot take
responsibility for such Content posted or transmitted by a User.
However, 33needs reserves the right at all times (but will not have an
obligation) to remove or refuse to post or distribute any Content, and
to restrict, suspend or terminate the participation of any User or any
lending team from the Website and from all 33needs services and
Services at any time, with or without prior notice. Without in any way
limiting the foregoing, it is a violation of this Agreement to upload,
post or submit any content, including, but not limited to, written
materials or images, that in 33needs’s opinion is obscene, profane,
harassing, contains profanity, or may be hateful or offensive on
racial, ethnic, sexual or any other grounds; is harmful, vulgar or
distasteful; contains graphic or gratuitous violence; or is
defamatory, libelous, or invades another person’s privacy, property or
proprietary rights. 33needs takes no responsibility and assumes no
liability for any Content posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor is 33needs liable
for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. Your use of
features and functionality where Users post or transmit Content is at
your own risk. 4. Third Party Content
33needs may provide third party content on the Site and may provide
links to Web pages and content of third parties (collectively the
“Third Party Content”) as a service to those interested in this
information. 33needs does not control, endorse or adopt any Third
Party Content and makes no representation or warranties of any kind
regarding the Third Party Content, including without limitation
regarding its accuracy or completeness. You acknowledge and agree that
33needs is not responsible or liable in any manner for any Third Party
Content and undertakes no responsibility to update or review any Third
Party Content. Users use such Third Party Content contained therein at
their own risk. 5. Advertisements and Promotions; Third-Party Products and Services
Social entrepreneur may run advertisements and promotions from third
parties on the Site or may otherwise provide information about or
links to third-party products or services on the Site. Your business
dealings or correspondence with, or participation in promotions of,
such third parties, and any terms, conditions, warranties or
representations associated with such dealings or promotions are solely
between you and such third party. 33needs is not responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or promotions or as the result of the presence of such
non-33needs advertisers or third party information on the Site. 6. Disclaimer
33needs neither represents, warrants, covenants guarantees, nor
promises any specific results from use of the Website.
THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT
OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE Services, IS
PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES. 33needs makes no representation or warranty, express or implied, with
respect to any third party data
provided to 33needs or its transmission, timeliness, accuracy or
completeness, including but not limited to implied warranties or
warranties of merchantability or fitness for a particular purpose.
33needs will not be liable in any way to you or to any other person
for any inaccuracy, error or delay in or omission of any third party
data or the transmission or delivery of any such third party data and
any loss or damage arising from (a) any such inaccuracy, error, delay
or omission, (b) non-performance or (c) interruption in any such third
party data due either to any negligent act or omission by 33needs or
“force majeure” or any other cause beyond the control of 33needs. 7. Limitation of Liability
IN NO EVENT SHALL 33NEEDS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR
INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE
MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY
USER ON ANY INFORMATION OBTAINED FROM 33NEEDS OR ANOTHER USER, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO 33NEEDS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF 33NEEDS, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO 33NEEDS FOR ACCESS TO OR USE OF THE
WEBSITE. You understand that any and all decisions made by you after your use
of the Website are yours alone. 33needs cannot and does not verify the
accuracy of information from Users. 33needs shall not be responsible,
or have any duty or obligation to, or liability for: (a) decisions or
interactions resulting (directly or indirectly) from using the
Website; or (b) any damages, costs, losses or expenses a User incurs
as a result (directly or indirectly) of using the Website or as a
result (directly or indirectly) of utilizing information received in
connection with the Website, including but not limited to, User
reliance on fraudulent, misleading, false, incorrect or inaccurate
representations by Social entrepreneurs or other Users. In addition,
in no event will 33needs be liable to you or any third person for any
direct or indirect damages, costs, losses or expenses, including any
lost capital, lost profits or special, incidental, consequential or
punitive damages arising from your use of the Website, even if 33needs
has been advised of the possibility of such damages, costs, losses or
expenses. 33needs is not responsible, and shall have no liability, for any
false, misleading, fraudulent, incorrect or inaccurate Content posted
on the Website or for any liability, cost or expense you may incur in
connection with the Services, whether caused by any User or other
person. You also acknowledge and agree that Users are not liable for
Content created and posted by 33needs on the Website. 33needs is not
responsible for the conduct, whether online or offline, of any User of
the Website or any other person. With respect to the Website, 33needs
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or
alteration of, any communications. By using the Services, you release
33needs from any liability whatsoever, and waive any and all causes of
action, related to any claims, costs, injuries, losses, or damages of
any kind arising out of or in connection with the your activities as
an Social entrepreneur or Investors and for any use of the Website or
the Services, or any Content posted on the Website or transmitted to,
or any interactions between, any Users of the Website, whether online
or offline, including, without limitation, claims, costs, injuries,
losses and damages related to personal injuries, death, damage to or
destruction of property, rights of publicity or privacy, defamation or
portrayal in a false light, whether intentional or unintentional),
whether under a theory of contract, tort (including negligence),
warranty or other theory. 8. Disputes Among Users
You are solely responsible for your interactions with any Social
entrepreneurs, Investors, or any other User (even to the extent
prohibited hereby) and any disputes that may result from such
interactions.
33needs reserves the right, but has no obligation, to monitor disputes
between you and such persons. 9. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of California,
USA, without regard to its or any other jurisdiction’s choice of law
or conflict of law provisions. If any dispute arises between you and
33needs, including, without limitation, any dispute arising from or
relating to the Website or the Services, you agree that all such
disputes will be determined exclusively by final and binding
arbitration, in accordance with the then existing commercial rules of
the American Arbitration Association in San Francisco, California. The
arbitration shall be heard and adjudicated by one arbitrator to be
selected by agreement between you and 33needs. Any award will be
final, binding and conclusive upon the parties, subject only to
judicial review provided by California statute, and a judgment
rendered on the arbitration award can be entered in any court having
jurisdiction thereof. Notwithstanding the foregoing, either you or
33needs may seek any injunctive relief in a state or federal court in
San Francisco, California, as may be necessary to preserve rights
pending the completion of arbitration and 33needs may seek any
injunctive relief in a state or federal court in San Francisco,
California, or another court of competent jurisdiction, at any time
against any violations of Section 4 (Proprietary Rights) or Section 5
(Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL
DISPUTES TO BINDING ARBITRATION, YOU AND 33needs HEREBY WAIVE YOUR
RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN,
INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT
AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you
may have to claim or recover, in any legal action or proceeding, any
special, exemplary, punitive or consequential damages. 10. Indemnity
You agree to indemnify and hold 33needs harmless from any loss,
liability, claim, or demand, including reasonable attorney’s fees,
made or incurred by any third party due to or arising (directly or
indirectly) out of your use of the Website or arising from your breach
of this Agreement. 11. Registration Data; Account Security
In consideration of your use of the Website, you agree to (a) provide
accurate, current and complete information about you as may be
prompted by any registration forms on the Website (‘Registration
Data”); (b) maintain the security of your password and identification;
(c) maintain and promptly update the registration Data, and any other
information that you provide to 33needs, to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to the
Registration Data and any other information you provide to 33needs. 12. Term; Termination
This Agreement will remain in full force and effect while you use the
Website, any 33needs Services, or participate in the Services as a
User and, notwithstanding anything herein to the contrary, this
Agreement will remain in effect after your participation in the
Services and status as a User is terminated. Whether or not you are
and remain eligible to participate in the Services, use the Website or
any other services or offerings from 33needs, may be determined by
33needs in its sole and absolute discretion. You may terminate your
participation and status as a User at any time and for any reason by
sending a written notice of termination to 33needs. 13. Entire Agreement; Severability
This Agreement, accepted upon use of the Website and further affirmed
by becoming a User, contains the entire agreement between you and
33needs regarding the use of the Website. This Agreement may not be
orally amended. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect. Please contact us at support@33needs.com with any questions regarding
this Agreement.
directors, agents, employees, partners and their respective
affiliates, collectively, “33needs”) whose mission is to ensure all
everyone has the opportunity to invest in social enterprises. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING AND USING THIS
WEB SITE, YOU AGREE TO BE BOUND BY ALL TERMS OF USE DESCRIBED HEREIN
AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE OR ACCESS THIS WEB SITE. These Terms of Use (“Agreement”) constitute a contract between you
(“you”) and 33needs and governs your use of the 33needs Web site,
located at www.33needs.com (the “Website”). By using the Website, you
agree to be bound by this Agreement, whether or not you become a user
on the site as an entrepreneur (“Social entrepreneur”), an investor
(“Investor”) who makes an investment (“Investment”) in any offering
put forth by an Social entrepreneur, or participate in 33needs’s
services (the “Services”) in any way, or otherwise use the Website (in
each such capacity, a “User”). If you wish to become a User,
participate in the Services or otherwise become a User of the Website,
you must read all of the terms and conditions in, and linked to, this
Agreement (including the Privacy Policy and the Terms and Conditions
for Services which are applicable to Social entrepreneurs and
Investors). If you do not agree with all of the terms of this
Agreement, the Terms and Conditions for Services and/or the Privacy
Policy, you are not eligible to participate in the Services or use
this Website, and please refrain from doing so. This Agreement does
not alter in any way the terms or conditions of any other agreement
you may have with 33needs, or its subsidiaries or affiliates, for the
Services or otherwise. If you are using the Website on behalf of any
entity, you represent and warrant that you are authorized to accept
this Agreement on such entity’s behalf, and that such entity agrees to
indemnify you and 33needs for violations of this Agreement. This Agreement supersedes any previous Agreement to which you and
33needs may have been bound regarding the use of the Website. This
Agreement may be modified by 33needs in its sole discretion from time
to time and such modifications shall automatically become part of this
Agreement and shall be effective once posted by 33needs on the
Website. Your use of the Website will be subject to any such
modifications. You should review the Website and this Agreement from
time to time for any modifications. If you do not agree with the
modifications, you must stop using or accessing the Website. This
Agreement will be binding on, inure to the benefit of and be
enforceable against the parties and their respective successors and
assigns. Neither the course of conduct between parties nor trade
practice shall act to modify any provision of the Agreement. All
rights not expressly granted herein are hereby reserved. Headings are
for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. 1. Participation in the Services
33needs manages the Website, which allows Social Entrepreneurs to
raise funds from Investors through fundraising websites that Social
entrepreneurs create. Investors can invest in the offerings provided
by Social entrepreneurs. Offerings are considered high-risk and all
participation in the Services is governed by the Terms and Conditions
for Services. Please refer to our Terms and Conditions for Services
for the terms, conditions and policies applicable to your
participation in the Services. By participating in the Services
through the Website, you agree to be bound by and accept the Terms and
Conditions for Services. The Terms and Conditions for Services are
subject to change without prior notice at any time, in 33needs’s sole
discretion so you should review the Terms and Conditions for Services
each time you make an Investment. 2. Proprietary Rights
“33needs” and the “33needs” logo are trademarks and service marks of
33needs. 33needs or its licensors own and retain all proprietary
rights in the Services, the Website and all material and information
posted thereon (“Content”). The Website contains the copyrighted
material, trademarks and other proprietary information of 33needs and
its licensors. You may display and print limited copies of the Content
for your personal, non-commercial use in connection with your
participation in the Services (except as provided herein), but you may
not alter, modify, publish, distribute, publicly display or sell any
Content or other such proprietary information, or otherwise copy or
transmit any Content or other such proprietary information without the
express written permission of 33needs. In addition, to the extent you
receive information from 33needs, Social entrepreneurs or other
Investors with respect to any Investment activity on the Website, you
may not further disclose or otherwise provide such information to
another party in any way that allows a personal identification of such
Social entrepreneur or Investor.
If you post any messages or other information on the Website, you
agree that such messages and information shall be considered Content,
and you agree to grant, and shall be deemed to have automatically
granted to 33needs an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to: (a) use, copy, perform, display and
distribute such information and content; (b) modify, alter, prepare
derivative works of, and/or incorporate into other works, such
information and Content; and (c) grant and authorize sublicenses of
the foregoing. You represent and warrant that you have the right,
power and authority to grant the foregoing license. To the extent you upload or post any photographs of yourself on the
Website, you agree that such materials shall be considered Content for
the purposes of the foregoing license grant, and you agree to release,
discharge and hold harmless 33needs from any and all claims or
liability, whether known or unknown, including any and all claims in
connection with the publication, production, processing, distribution
or exploitation of such Content, including any claims of infringement
of any rights of publicity or rights of privacy. You acknowledge, consent and agree that 33needs may, at its sole
discretion and to the extent permitted by law, access, read, preserve
and disclose your account information, usage history and submitted
Content in order to: (a) comply with any applicable law, regulation,
legal process, or governmental request; (b) respond to claims that any
Content violates the rights of third parties, including intellectual
property rights; (c) enforce this Agreement and investigate potential
violations thereof; (d) detect, prevent, or otherwise address fraud,
security, or technical issues; (e) respond to your requests for
customer service; or (f) protect the rights, property, or personal
safety of 33needs, its users, or the public. 3. Acceptable Use
The Website is for use in connection with the Services and may not be
used by you in connection with any other endeavors except as
previously approved in writing by 33needs. Your use of the Website
shall be in strict compliance with this Agreement and all other
procedures and guidelines set forth on the Website and applicable law.
You may not transmit any chain letters or junk email to any User or
any other Person. Illegal and/or unauthorized uses of the Website,
including collecting the name, email address or any other personal or
confidential information of any User by electronic or other means for
any reason, including, without limitation, the purpose of sending
unsolicited email and unauthorized framing of or linking to the
Website, will be investigated and appropriate legal action will be
taken, including, without limitation, civil, criminal and injunctive
redress. Although 33needs assumes no obligation to monitor the conduct of any
User on or off the Website, it is a violation of this Agreement to use
the Website or any information obtained from the Website in order to
harass, abuse, or harm another person. In order to protect its Users
from this or other misuse, 33needs reserves the right to remove
Content from the Website that violates acceptable use in 33needs’s
sole discretion and restrict the number of emails or messages that a
User may send to others through the Website in any 24-hour or other
period to a number that 33needs deems appropriate, in 33needs’s sole
and absolute discretion. The Website includes features and functionality whereby a User may
post and transmit information, images and other materials. All such
information, images and materials, whether publicly posted or publicly
or privately transmitted, are the sole responsibility of the User who
originates such content. 33needs assumes no obligation to monitor or
control such posted or transmitted Content and cannot take
responsibility for such Content posted or transmitted by a User.
However, 33needs reserves the right at all times (but will not have an
obligation) to remove or refuse to post or distribute any Content, and
to restrict, suspend or terminate the participation of any User or any
lending team from the Website and from all 33needs services and
Services at any time, with or without prior notice. Without in any way
limiting the foregoing, it is a violation of this Agreement to upload,
post or submit any content, including, but not limited to, written
materials or images, that in 33needs’s opinion is obscene, profane,
harassing, contains profanity, or may be hateful or offensive on
racial, ethnic, sexual or any other grounds; is harmful, vulgar or
distasteful; contains graphic or gratuitous violence; or is
defamatory, libelous, or invades another person’s privacy, property or
proprietary rights. 33needs takes no responsibility and assumes no
liability for any Content posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor is 33needs liable
for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. Your use of
features and functionality where Users post or transmit Content is at
your own risk. 4. Third Party Content
33needs may provide third party content on the Site and may provide
links to Web pages and content of third parties (collectively the
“Third Party Content”) as a service to those interested in this
information. 33needs does not control, endorse or adopt any Third
Party Content and makes no representation or warranties of any kind
regarding the Third Party Content, including without limitation
regarding its accuracy or completeness. You acknowledge and agree that
33needs is not responsible or liable in any manner for any Third Party
Content and undertakes no responsibility to update or review any Third
Party Content. Users use such Third Party Content contained therein at
their own risk. 5. Advertisements and Promotions; Third-Party Products and Services
Social entrepreneur may run advertisements and promotions from third
parties on the Site or may otherwise provide information about or
links to third-party products or services on the Site. Your business
dealings or correspondence with, or participation in promotions of,
such third parties, and any terms, conditions, warranties or
representations associated with such dealings or promotions are solely
between you and such third party. 33needs is not responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or promotions or as the result of the presence of such
non-33needs advertisers or third party information on the Site. 6. Disclaimer
33needs neither represents, warrants, covenants guarantees, nor
promises any specific results from use of the Website.
THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT
OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE Services, IS
PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES. 33needs makes no representation or warranty, express or implied, with
respect to any third party data
provided to 33needs or its transmission, timeliness, accuracy or
completeness, including but not limited to implied warranties or
warranties of merchantability or fitness for a particular purpose.
33needs will not be liable in any way to you or to any other person
for any inaccuracy, error or delay in or omission of any third party
data or the transmission or delivery of any such third party data and
any loss or damage arising from (a) any such inaccuracy, error, delay
or omission, (b) non-performance or (c) interruption in any such third
party data due either to any negligent act or omission by 33needs or
“force majeure” or any other cause beyond the control of 33needs. 7. Limitation of Liability
IN NO EVENT SHALL 33NEEDS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR
INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE
MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY
USER ON ANY INFORMATION OBTAINED FROM 33NEEDS OR ANOTHER USER, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO 33NEEDS’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF 33NEEDS, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO 33NEEDS FOR ACCESS TO OR USE OF THE
WEBSITE. You understand that any and all decisions made by you after your use
of the Website are yours alone. 33needs cannot and does not verify the
accuracy of information from Users. 33needs shall not be responsible,
or have any duty or obligation to, or liability for: (a) decisions or
interactions resulting (directly or indirectly) from using the
Website; or (b) any damages, costs, losses or expenses a User incurs
as a result (directly or indirectly) of using the Website or as a
result (directly or indirectly) of utilizing information received in
connection with the Website, including but not limited to, User
reliance on fraudulent, misleading, false, incorrect or inaccurate
representations by Social entrepreneurs or other Users. In addition,
in no event will 33needs be liable to you or any third person for any
direct or indirect damages, costs, losses or expenses, including any
lost capital, lost profits or special, incidental, consequential or
punitive damages arising from your use of the Website, even if 33needs
has been advised of the possibility of such damages, costs, losses or
expenses. 33needs is not responsible, and shall have no liability, for any
false, misleading, fraudulent, incorrect or inaccurate Content posted
on the Website or for any liability, cost or expense you may incur in
connection with the Services, whether caused by any User or other
person. You also acknowledge and agree that Users are not liable for
Content created and posted by 33needs on the Website. 33needs is not
responsible for the conduct, whether online or offline, of any User of
the Website or any other person. With respect to the Website, 33needs
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or
alteration of, any communications. By using the Services, you release
33needs from any liability whatsoever, and waive any and all causes of
action, related to any claims, costs, injuries, losses, or damages of
any kind arising out of or in connection with the your activities as
an Social entrepreneur or Investors and for any use of the Website or
the Services, or any Content posted on the Website or transmitted to,
or any interactions between, any Users of the Website, whether online
or offline, including, without limitation, claims, costs, injuries,
losses and damages related to personal injuries, death, damage to or
destruction of property, rights of publicity or privacy, defamation or
portrayal in a false light, whether intentional or unintentional),
whether under a theory of contract, tort (including negligence),
warranty or other theory. 8. Disputes Among Users
You are solely responsible for your interactions with any Social
entrepreneurs, Investors, or any other User (even to the extent
prohibited hereby) and any disputes that may result from such
interactions.
33needs reserves the right, but has no obligation, to monitor disputes
between you and such persons. 9. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of California,
USA, without regard to its or any other jurisdiction’s choice of law
or conflict of law provisions. If any dispute arises between you and
33needs, including, without limitation, any dispute arising from or
relating to the Website or the Services, you agree that all such
disputes will be determined exclusively by final and binding
arbitration, in accordance with the then existing commercial rules of
the American Arbitration Association in San Francisco, California. The
arbitration shall be heard and adjudicated by one arbitrator to be
selected by agreement between you and 33needs. Any award will be
final, binding and conclusive upon the parties, subject only to
judicial review provided by California statute, and a judgment
rendered on the arbitration award can be entered in any court having
jurisdiction thereof. Notwithstanding the foregoing, either you or
33needs may seek any injunctive relief in a state or federal court in
San Francisco, California, as may be necessary to preserve rights
pending the completion of arbitration and 33needs may seek any
injunctive relief in a state or federal court in San Francisco,
California, or another court of competent jurisdiction, at any time
against any violations of Section 4 (Proprietary Rights) or Section 5
(Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL
DISPUTES TO BINDING ARBITRATION, YOU AND 33needs HEREBY WAIVE YOUR
RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN,
INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT
AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you
may have to claim or recover, in any legal action or proceeding, any
special, exemplary, punitive or consequential damages. 10. Indemnity
You agree to indemnify and hold 33needs harmless from any loss,
liability, claim, or demand, including reasonable attorney’s fees,
made or incurred by any third party due to or arising (directly or
indirectly) out of your use of the Website or arising from your breach
of this Agreement. 11. Registration Data; Account Security
In consideration of your use of the Website, you agree to (a) provide
accurate, current and complete information about you as may be
prompted by any registration forms on the Website (‘Registration
Data”); (b) maintain the security of your password and identification;
(c) maintain and promptly update the registration Data, and any other
information that you provide to 33needs, to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to the
Registration Data and any other information you provide to 33needs. 12. Term; Termination
This Agreement will remain in full force and effect while you use the
Website, any 33needs Services, or participate in the Services as a
User and, notwithstanding anything herein to the contrary, this
Agreement will remain in effect after your participation in the
Services and status as a User is terminated. Whether or not you are
and remain eligible to participate in the Services, use the Website or
any other services or offerings from 33needs, may be determined by
33needs in its sole and absolute discretion. You may terminate your
participation and status as a User at any time and for any reason by
sending a written notice of termination to 33needs. 13. Entire Agreement; Severability
This Agreement, accepted upon use of the Website and further affirmed
by becoming a User, contains the entire agreement between you and
33needs regarding the use of the Website. This Agreement may not be
orally amended. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and
effect. Please contact us at support@33needs.com with any questions regarding
this Agreement.
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