We may amend or modify this Agreement at any time by posting via the KindCoins Services or e-mail to you, and the revised Agreement shall be effective at such time. We may modify or discontinue any portion of the KindCoins Services, and/or suspend or terminate your access to the KindCoins Services at any time without notice to you. You agree that we shall not be liable to you or any third party for any modification or termination of the KindCoins Services, and/or suspension or termination of your access to the KindCoins Services.
KindCoins Basic Services
By using the KindCoins Services, Site and/or Application, you can use our interactive platform to obtain various services for researching charities, tracking “Round Ups” (defined below), and contributing (via our payment gateway outside of the Application) to charities. Commercially reasonable best efforts will be made by a disbursement company to send your contributions to the charity you specify within the Application. Rounds Ups are the differential between a final (after tax, etc.) transaction price and the next whole dollar. In the case of a whole dollar final transaction price, the Round Up calculated will be $1.00.
We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services.
You expressly authorize KindCoins, Inc. to collect a processing fee for carrying out its services, defined as a 4.7 % processing fee on the aggregate amount rounded up each month, a $2 user fee per month, and other fees associated with processing payments, disbursing funds, and/or other in-house and third-party fees associated with running the Site, Application and Services. The processing fee shall not necessarily qualify charitable deduction. Fees are subject to change.
Power of Attorney
For as long as you are using the KindCoins Services, you give to KindCoins (“Attorney-in-Fact”) a limited power of attorney and appoint KindCoins as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to (a) use any credit cards in your name which you have provided to KindCoins and which you have selected to be used by the KindCoins Services, Site and/or Application; (b) make deposits and withdrawals from any banking, savings, or brokerage accounts in your name including certificates of deposit, which you have provided to KindCoins and which you have selected to be used by the KindCoins Services, Site and/or Application; (c) allow KindCoins’s employees or independent contractors to review the information you have provided to KindCoins for its assistance in legal, tax, bookkeeping, financial, and housekeeping matters; and (d) make contributions and/or charitable gifts on your behalf using processes deemed most appropriate by KindCoins, including but not limited to escrowing of funds meant for contribution and use of disbursement companies and payment gateways to deliver funds in a timely fashion, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the KindCoins Service, as fully to all intents and purposes as you might or could do in person. Once KindCoins has actual knowledge that you wish to cease using the KindCoins Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by KindCoins in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify KindCoins that you wish to discontinue using the KindCoins Service, you may send us an e-mail as provided in this Agreement.
This limited power of attorney is given in compliance with the requirements of 12 Del. C. $ 49A-101 et.seq.. This limited power of attorney is given primarily for a business or commercial purpose and is given to facilitate a specified transfer or disposition of one or more assets, whether real, personal, tangible or intangible in accordance with 12 Del. C. $ 49A-103(a)(1) and (7).
You hereby revoke all prior Powers of Attorney that you may have previously executed to the extent that they contradict or nullify powers granted in this agreement (except for those for health care matters) and you retain the right to amend or revoke this Power of Attorney and to substitute other attorneys in place of the Attorney-in-Fact appointed herein by closing your account with KindCoins and deleting the Application from your mobile device.
The authority of your Attorney-In-Fact shall terminate if you become disabled or incapacitated once you or your personal representative, as applicable, provides actual notice to KindCoins that this Power of Attorney is to be terminated. Notwithstanding the above, any act done by KindCoins in good faith before it has actual knowledge of your death or incapacity shall be deemed to be authorized by you.
This Power of Attorney shall be construed in accordance with the laws of the State of Texas. The powers granted to the Attorney-in-Fact shall stay in effect for either the principal’s entire life or until revoked by the principal (whichever occurs first).
This Power of Attorney is effective immediately upon registration with the KindCoins Services, Site and/or Application. By using the KindCoins Services, Site and/or Application, you agree to all terms and that you have entered into this agreement with appropriate number of witnesses according to laws of the state in which you reside and/or use the KindCoins Services, Site and/or Application.
YOU ACKNOWLEDGE AND AGREE THAT WHEN KINDCOINS IS ACCESSING AND RETRIEVING INFORMATION FROM THE KINDCOINS SERVICES, SITE, AND/OR APP, KINDCOINS IS ACTING AS YOUR AGENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WHEN KINDCOINS MAKES WITHDRAWALS OR DEPOSITS FROM ANY BANKING ACCOUNT, SAVINGS ACCOUNT, BROKERAGE ACCOUNT, CREDIT CARD, DEBIT CARD OR OTHER SIMILAR ACCOUNT WHICH YOU HAVE PROVIDED TO KINDCOINS,KINDCOINS IS ACTING AS YOUR AGENT.YOU AGREE THAT KINDCOINS, INC., ITS AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY UPON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.
Receipt of Charitable Donation
If available, KindCoins shall provide a receipt of your charitable donations so that you may be able to substantiate, as required by the Internal Revenue Code of 1986, as amended, your charitable contributions for federal income tax purposes. While KindCoins will use its commercially reasonable best effort to provide the appropriate documentation for your contribution to qualify as a tax deduction, KindCoins does not represent, warrant, or guarantee that you will receive such documentation or that the IRS will ultimately recognize your contribution as being tax deductible.
Use and Restrictions
Content and Materials
We respect the intellectual property of others and ask that users of our Site, Application and Services do the same. In connection with our Site, Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, Application and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, Application and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. $ 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith believe that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyrighted owner. Please note that, pursuant to 17 U.S.C. $ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects to the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated copyright agent can be contacted via email at email@example.com
Links to Other Sites
The Site, Application and KindCoins Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the KindCoins Services (in all cases “Linked Sites”). We are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us.
You may not use the Site, Application or KindCoins Services for any illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making of disparaging comments to any user of the KindCoins Services, Site or Application. We reserve the right to take preventative or corrective actions to protect ourselves and our users. We reserve the right to disallow contributions to any charity if new information comes to light as per the legality of their operations and will only allow contributions to charities approved by the IRS and which maintain their status as a 501(c)(3) on a quarterly basis. If an organization is no longer a 501(c)(3) or does not accept contributions, our disbursement company will send the contributions to a similar organization that is eligible. Types of organizations to which we allow contributions are subject to change. Your use of the Site, the Application and KindCoins Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, the Application and KindCoins Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, the Application and KindCoins Services , you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, Application or KindCoins Services ; (f) “frame” or “mirror” any portion of the Site, Application or KindCoins Services ; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services; (h) harvest or collect information about or from other users of the Site, Application or Services; (i) use the Site, Application or KindCoins Services for any illegal activity; (j) probe, scan or test the vulnerability of the KindCoins Services, Site or Application, nor breach the security or authentication measures on the KindCoins Services , Site or Application or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KindCoins Services , Site or Application, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
Warranties, Disclaimers, and Limitations of Liability
Your reliance upon the information available on the Site or Application or located through utilization of the KindCoins Services and your interactions with third users identified through the KindCoins Services is solely at your own risk. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damages incurred as the result of any such dealing or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the KindCoins Services.
Limitation of Remedies
In no event shall the company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages or any damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the Application or related Services, the provision of or failure to provide the KindCoins Services , or for any content, software, products and services made available or obtained through the Site, the Application, or their respective content, or otherwise arising out of the use or access of the Site, use of the Application or use of the KindCoins Services, whether based on contract, tort, negligence, strict liability or otherwise, even if the company has been advised of the possibility of damages, any services or content made available or obtained through the use of the Site or the Application, and all other use of the Site or Application, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
You agree to indemnify and hold KindCoins, its affiliates, Service Providers, and each other their respective officers, directors, agents, joint venturers, employees, independent contractors and representatives, harmless from any claim or demand (including attorneys’fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to: (a) your breach of this Agreement, (b) your use of the KindCoins Services, or (c) your violation of any law, rule or regulation, or the rights of any third party.
Binding Arbitration and Applicable Law
Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the New York, New York office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of the appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
We prefer that you contact us by email at wecare@KindCoins.co.