TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (“Terms of Use”) are applicable to your use of this website (the “Website”) owned and operated by Giving the Basics, Inc., a Kansas not-for-profit corporation (“GTB”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  You are the person or entity using the Website.  By using this Website or clicking on a button indicating your consent, you agree to these Terms of Use.  If you do not agree to these Terms OF USE, you do not have permission to use the WEBSite.  GTB reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Notification of changes to these Terms of use will be posted on the webSite or sent via e-mail.  If any future changes to these Terms of use are unacceptable to you, you must discontinue use of the webSite and take the steps necessary to unregister as a user of this website by contacting GTB in accordance with the contact information provided below.
You may also be subject to additional terms and conditions when you use third-party services accessed through the Website.

1. REGISTRATION OBLIGATIONS
In consideration of your use of the Website, you agree to provide true, accurate and complete information about yourself as prompted by the Website registration or donation process.  Unless you elect to opt out in accordance with the Privacy Policy for this Website, you also agree that GTB may send you notices, announcements, offers and alerts regarding GTB owned, operated or affiliated sites and services.  In addition, you agree to update that information in order to maintain its truth, accuracy and completeness.  GTB may deny you access to the Website in the event that your information is untrue, inaccurate or incomplete.  We are entitled to rely upon the latest information provided by you when providing any notices to you under these Terms of Use.

2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Website or GTB may, at the option of GTB, be conducted electronically.  GTB may keep records of any type of communication conducted via the Website.  All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control.  All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

3. OBLIGATION FOR CONTROLLING THE USE OF YOUR PASSWORD
ALL INFORMATION OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR E-MAIL ADDRESS AND PASSWORD ON THE WEBSITE WILL BE DEEMED BINDING ON YOU.  You agree that you are solely liable for all actions taken via your e-mail address and password, whether or not made with your knowledge or authority.  You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website for which you may be legally and financially responsible.  If you suspect that someone may have obtained access to your e-mail address and password that is not intended to have authority to act on your behalf, please contact GTB immediately to authorize GTB to deny access to the Website to anyone else presenting your e-mail address and/or password.  At any time, you may log in to your account and change your password to the extent you believe that it may have been compromised.

4. OWNERSHIP
Unless otherwise specified in writing on the Website or in these Terms of Use, all materials that are part of the Website (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; logos; domain names; trade names and trademarks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials related to the Website (collectively, the “Site Content”) are owned, controlled or licensed by GTB and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.  Your limited license and ability to use the Site Content is governed by these Terms of Use.

EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS OF USE, NEITHER GTB NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS TO USE THE WEBSITE.  NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

If you want to request a limited non-exclusive license to use GTB’s logo and/or name, please contact GTB through the Contact Us page.  GTB will then respond and inform you whether you are granted a limited, non-exclusive license to use its name and/or logo.

5. LIMITED LICENSE TO USE SITE
GTB hereby grants you the limited, personal, non-exclusive and non-transferable right to view and use the Website only for the purposes described herein.  GTB expects that you are either (1) an individual or entity that seeks to access information posted on the Website or make a donation of money or property to GTB (a “Donor”); or (2) a charitable organization that seeks to access information posted on the Website or that has registered (or is seeking to register) with GTB to become eligible to receive product distributions from GTB (a “Charity”).  If you are a Donor, you may use the Website only for the purposes of accessing information, contacting GTB, or making contributions of money or property to GTB.  If you are a Charity, you may use the Website only for the purposes of accessing information, contacting GTB, submitting information necessary to become a registered charitable organization with GTB, or requesting a distribution of products from GTB.  GTB reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website as described herein.  Any rights not expressly granted to you herein are reserved to GTB.  Unless you have received specific written permission from GTB, you may not (a) alter or modify any content on the Website; (b) present, display or link to any Website content; (c) otherwise present, display or link to the Website content in any manner that bypasses or circumvents the Website’s informational features; or (d) use the content on the Website to construct or contribute to any type of database or other form of aggregated content.

6. PRIVACY POLICY
GTB respects your right to privacy and understands that visitors to and users of the Website need to be in control of their personally identifying information.  To that end, GTB has developed a Privacy Policy to outline the details of its collection and use of your information.  You should carefully review the Privacy Policy because your use of the Website is your consent to the Privacy Policy.

7. INDEMNITY
You agree to indemnify, defend and hold GTB and its affiliates, subsidiaries, directors, officers, agents, licensees, suppliers, partners and employees harmless from any claim, demand, loss, liability, penalty, and costs, including reasonable attorneys fees, arising out of your use of the Website or any of its Services (including any use of your e-mail address and password by anyone) or your violation of these Terms of Use (including all policies incorporated herein by reference).  We reserve the right to take exclusive defense of any claim for which we are entitled to indemnification under this Section.  In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.  GTB HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AVAILABILITY OF THE WEBSITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION OR CONTENT ON THE WEBSITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE OR RELATED INFORMATION.  THE RISK OF USE IS BORNE BY YOU.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU, BUT IT WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER GTB NOR ANY OF ITS AFFILIATES, EMPLOYEES, LICENSEES, OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR TO ANY BREACH OF THESE TERMS OF USE, EVEN IF GTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU, BUT IT WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (a) you are not a minor and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms of Use on your behalf; (b) all information submitted by you to the Website is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your e-mail address and password even if such use was conducted without your authority or permission; and (e) you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use (including any policies incorporated herein).  You agree to defend, indemnify, and hold GTB and its affiliates, employees, representatives, agents, licensees, and assigns harmless from breaches of (a) through (e) or any other representation or warranty contained in these Terms of Use or any policies incorporated herein.

11. LINKS
The Website contains links to third party sites that are not under the control of GTB, and GTB is not responsible for any content, products or services on any linked or other third party site.  If you access a third party site from the Website, then you do so at your own risk.  GTB provides links only as a convenience, and the inclusion of the link does not imply that GTB endorses or accepts any responsibility for the content, products or services on those third party sites.

12. TERMINATION OR CANCELLATION OF WEBSITE ACCESS; MODIFICATIONS TO WEBSITE
If you violate these Terms of Use (including any policies incorporated herein), GTB may terminate or cancel your access rights to the Website (or any portion thereof) immediately without notice.  GTB may also block your use of the Website or direct you to cease using it.  GTB reserves the right at any time to modify or discontinue the Website or any part thereof, and you agree that GTB shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.
If you wish to cancel your registration to the Website, you may contact GTB at the contact information provided below at any time.

13. EXCLUSIVE JURISDICTION
These Terms of Use and the Privacy Policy shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions.  Any disputes arising under or related in any way to these Terms of Use, the Privacy Policy, or the Website shall be litigated or otherwise heard in the appropriate forum in Miami County, Kansas.  The parties hereto hereby consent to the exclusive jurisdiction of the state court sitting in the County of Miami, Kansas, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Kansas law.

14. ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy, each as amended, your registration form, and the consents provided by you, constitute the entire agreement between you and GTB.  If any provision of these Terms of Use or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the applicable document and shall not affect the validity and enforceability of any remaining provisions of such document.  You may not transfer, sell or otherwise assign your rights or obligations under this Agreement.  GTB may transfer, sell or otherwise assign any of its rights or obligations under this Agreement: (i) to an affiliated organization; (ii) to a successor owner or operator of the Website or its content; or (iii) in connection with a sale of substantially all of GTB’s assets or other corporate change.  Failure by GTB to act with respect to a breach by you or others does not waive the right of GTB to act with respect to subsequent or similar breaches.

15. AMENDMENTS
You agree that GTB may amend or modify these Terms of Use or impose new conditions at any time by updating these Terms of Use on the Website or upon notice from GTB to you as published through the Website or by e-mail.  Any use of the Website by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions.  If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Website after that date.  No other amendments will be valid unless they are in writing signed by an authorized representative of GTB and by you.

16. NOTICES
Except as expressly stated otherwise, any notices required or allowed under these Terms of Use shall be given to GTB by postal mail to Giving the Basics, Inc., 3597 W. 222nd St., Bucyrus, KS 66013, or to a successor address that GTB makes available on the Website or through other reasonable manner.  With respect to notices from GTB to you, GTB may provide notice of amendments by posting them in the Website, and you agree to check for changes.  Instead or in addition, GTB may give notice by sending e-mail to the e-mail address you provide during registration.  Notice shall be deemed given 24 hours after it is posted or an e-mail is sent.

17. RETURNS & REFUNDS
GTB accepts credit card payments for financial and product donations. These donations are distributed to various organizations by GTB. The donor receives a receipt of the value of their donation. No product is sent or returned to the donor. All payments to GTB are final and cannot be refunded once payment information has been submitted to GTB.

COPYRIGHT NOTICE
Copyright © 2011-2015 Giving the Basics, Inc. – All Rights Reserved.  This Website (including, but not limited to, all text, photographs, graphics, video and audio content) is protected by copyright, including, without limitation, as a collective work or compilation under the copyright laws of the United States and other countries.

TRADEMARK NOTICE
Product names, logos, designs, titles, words or phrases used on any this Website and Giving the Basics logo, are owned by Giving the Basics, Inc., and no ownership or license to use the same is granted to you unless otherwise specifically stated herein.

Effective November 8, 2011