Last Updated: October 25, 2023
USE OF THIS WEBSITE.
IF YOU DISAGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
These Terms may be updated from time to time, at Giving Hive’s sole discretion. It is your responsibility, as the Fundraiser, Donor, user, viewer, visitor, client or customer, to check these Terms regularly to see if any may have changed, and to alert Giving Hive if you do not agree with the changes that have been made.
These Terms are between Giving Hive and you for online usage. By using our Website, you are accepting these Terms. Anyone using our Website is a “user”.
GIVING HIVE SERVICES
Giving Hive is a social giving platform created to inform, connect, and contribute. We aim to better our world via mobilized, collective generosity; one story, one connection, and one dollar at a time. (Services)
Please know that while Giving Hive may develop goods, such as t-shirts, you are not permitted to offer any good or service in exchange for a Donation on the Platform.
Giving Hive reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
WE LOVE A GOOD HIVE VIBE, BUT WE ARE NOT A BROKER, AGENT, FINANCIAL INSTITUTION, CREDITOR OR CHARITY!
The Services described above are our Services – we offer administrative platforms only. Giving Hive facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. Giving Hive is not a broker, agent financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by Giving Hive relating to the Services is for informational purposes only, and Giving Hive does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice, and Giving Hive strongly encourages you to consult with your team of professionals before making any decisions regarding any Fundraisers, Charities, Donations, Donors or other commitments.
NOPE, THIS ISN’T SOLICITATION EITHER!
The existence of the Services is not a solicitation of donations by Giving Hive, and Giving Hive does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Giving Hive is not responsible for the use of your Donations or the amount of funds raised for the Fundraiser.
Although there are no fees to start or maintain a Fundraiser, please keep in mind that a transaction fee, including credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the Platform and the applicable Transaction Fee, visit our pricing page. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms. We are not responsible for error by the payment processor.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
YOU ACKNOWLEGE THAT ALL INFORMATION AND CONTENT ACCESSED BY YOU USING THE SERVICES IS AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT GIVING HIVE HAS NO CONTROL OVER THE CONDUCT OF, OR ANY INFORMATION PROVIDED BY FUNDRAISERS AND HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT GUARANTEE THAT A FUNDRAISER WILL OBTAIN A CERTAIN AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL. WE DO NOT ENDORSE ANY FUNDRAISER OR CAUSE, AND WE MAKE NO GUARANTEE, EXPRESS OR IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE. WE EXPRESSLY DISCLAIM ANY LIABLITY OR RESPONSIBILITY FOR THE OUTCOME OR SUCCESS OF ANY FUNDRAISER. YOU, AS A DONOR, MUST MAKE THE FINAL DETERMINATION AS TO THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY FUNDRAISER.
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER “GIVING HIVE NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS” (COLLECTIVELY “GIVING HIVE PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF OUR LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIVING HIVE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) ANY AND ALL OF OUR SERVICES, (B) THE SERVICES, (C) THESE TERMS OR (D) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES AND WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ALL CIRCUMSTANCES, THE MAXIMUM COLLECTIVE LIABILITY OF GIVING HIVE PARTIES TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $100.00 USD. ANY SUCH CLAIM MUST BE COMMENCED WITHIN ONE YEAR OF THE INITIAL FACTS GIVING RISE TO THE CLAIM.
Our Services contain, but are not limited to: (i) materials and other items relating to Giving Hive and its Services, and similar items from our licensors and other third parties, including any content that constitutes copyrightable materials under the United States Copyright Act; and (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities including those of Giving Hive, our licensors and other third parties (collectively “Giving Hive Content”). All rights, titles, and interest in and to our Services and Giving Hive Content is the sole property of Giving Hive or those who we’ve received permission from or have licensed to and is protected by the various state and federal intellectual property and unfair competition rights and laws to the fullest extent possible. You should assume that any material, including our Services, designs, digital content, related services, and other protectable assets of Giving Hive, whether contained on our Website or otherwise, are proprietary and either trademarked or copyrighted, whether at common law, federally or internationally. In the instance of perceived infringement, you agree to immediately cease and desist from your usage and agree to injunctive relief as sought by Giving Hive. If you wish to use any of the information contained on the Website, please first contact Giving Hive.
You may not: (i) modify Giving Hive Content for your own or a third-party’s monetary gain; (ii) interfere with the proper operation of or any security measure used by Giving Hive Content; (iii) use Giving Hive Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (iv) otherwise violate these Terms.
FUNDRAISER AND USER CONTENT AND CONSENT
If you are a Fundraiser or user, you acknowledge that you alone are entirely responsible for all information, reviews, photographs, video, messages, tags and/or other materials (collectively, “Fundraiser or user content”) that you upload, post, e-mail, transmit or otherwise make available reflecting our Services.
You acknowledge that Giving Hive has no obligation to pre-screen Fundraiser or user content, although Giving Hive reserves the right in its sole discretion to pre-screen, refuse or remove any Fundraiser or user content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Fundraiser or user content.
You grant Giving Hive a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Fundraiser and user content (in whole or in part) for any purpose, commencing on the date you made such Fundraiser or user content available, including promoting and marketing Giving Hive. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the Fundraiser or user content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You shall not (and shall not permit any third party) to either (a) take any action or (b) make available any Fundraiser or user content that, in Giving Hive’s sole discretion: (i) infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iii) involves commercial activities and/or sales, contests, giveaways or sweepstakes, without Giving Hive’s prior written consent.
All Donations are expressly and explicitly made at your own risk. Giving Hive is not responsible for any offers, promises, rewards or Promotions made or offered by Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Fundraiser, or in accordance with applicable laws. Notwithstanding, if you have reason to believe that a Fundraiser is not raising funds for the stated purpose, please report it to Giving Hive.
If you are a Donor to a non-profit organization, established as such under the applicable laws of incorporation (“Charity”):
- You are not permitted to impose restrictions on the use of such Donation by the Charity. To the extent that you make a Donation in response to an appeal for a particular program of a harity, or to the extent that you purport to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used.
- You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction. Giving Hive makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. Giving will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization of any applicable tax return of any Donation by you, any user or any Charity.
- You should check for any applicable state-required disclosures for Charities soliciting contributions.
Fundraisers assume sole responsibility for determining what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Organizers for Fundraisers represent, warrant and covenant that (i) all information provided in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive users; (ii) that you will post updates as needed, to ensure that the foregoing remains true; (iii) all Donations will be used for their intended and stated purposes only; (iv) if you make a withdrawal on behalf of a Beneficiary, you will spend for the intended and state purpose of that Beneficiary; (v) you will not infringe on the rights of any third party; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) you have the authority to share all information that you are sharing through Giving Hive; (viii); you are a legally authorized representative of any third party or charity that you are purporting to raise funds for; and (ix) you will not provide goods or services in exchange for Donations. You authorize Giving Hive, and Giving Hive reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof.
You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
The following are examples of content and/or use that is illegal or prohibited by Giving Hive. This list is not exhaustive, and we reserve the right to remove any Fundraiser and/or investigate any Fundraiser who, in our sole discretion, violates any of the Terms or spirit of these Terms.
We further reserve the right, without limitation, to ban or disable your use of the Services, remove offending content, suspend or terminate your account and report you to law enforcement authorities or otherwise take appropriate legal action.
Without limiting the foregoing, you agree and represent, warrant and covenant:
- not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
- the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- fundraisers that are fraudulent, misleading, inaccurate, dishonest or impossible;
- offensive, graphic, perverse or sensitive or sexual content;
- the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- drugs, narcotics, steroids, controlled substances pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- content that reflects, incites or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of terrorism, hate, violence, harassment, bullying, discrimination, terrorist financing or intolerance of any kind, or reflects an abuse of power relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, disabilities or diseases;
- the legal defense of alleged financial and violent crimes;
- content that reflects suicide or self-harm;
- publication of content (such as mug shots) that causes reputational harm;
- gambling, gaming and/or any other activity with an entry fee and a prize including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes;
- the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- annuities, investments, loans, equity or lottery contracts, lay-away system, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services, that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- the receipt or grant of cash advances or lines of credit to yourself or to another person or purposes other than those purposes clearly stated in the Fundraiser or for credit repair or debt settlement services;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- the unauthorized sale or resale of goods or services;
- the collecting or providing of funds for any purpose other than as described in a Fundraiser description; or
- any other activity that Giving Hive may deem, in its sole discretion, to: (a) be unacceptable or objectionable; (b) restrict or inhibit any other person from using or enjoying the Services; or (c) expose Giving Hive, its employees or users to any harm or liability of any type.
- not to use the Services to transmit or otherwise upload any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; or (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
- not to harvest, collect or publish personally identifiable information of others;
- not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;
- not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
- not to use another’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post content in any inappropriate category or areas on the Services;
- not to create any liability for Giving Hive or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
- not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
- not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
- not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
- not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- not to attempt to undertake indirectly any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:
- not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
- to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Giving Hive from time to time;
- to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Giving Hive to verify compliance with these Terms and make such records available to Giving Hive upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
- at Giving Hive’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Giving Hive, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a user to whom, or Fundraiser or Donation to which, you are connected.
Giving Hive reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms or harm the interests of our users, business partners, the public, or Giving Hive, or that expose you, Giving Hive, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our privacy notice. This information may include information about you, your account, Donors, Donations, and transactions made through or in connection with your use of the Services.
Giving Hive uses Payment Processors to process Donations for Fundraisers that are listed on its Website. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary, will be required to provide the Payment Processor information regarding bank account information. The withdrawing party represents and warrants to the Payment Processor and Giving Hive that such information is true and that you are authorized to use the applicable information and account attached to the withdrawal.
LINKS TO THIRD PARTY WEBSITES
Our Website may only be used for lawful purposes. Illegal activities, including but not limited to tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
Any modification or amendment to these Terms requires the sole consent of Giving Hive and may be signified by a notice posted to the Website that the Terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only; in such an instance, the parties may modify or amend these Terms by way of email, so long as all parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name”. Email modifications shall not become binding until all parties have complied with these requirements.
Visiting this Website or sending emails to Giving Hive constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.
By and in consideration for your use of our Services, if you provide Giving Hive with your image, likeness or voice, you irrevocably grant Giving Hive and its agents and representatives all rights to use, reproduce, display, exhibit, publish, edit, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for Giving Hive’s marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Giving Hive at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Giving Hive and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising from or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings that you create, relating to Giving Hive (or any third party) that you have given Giving Hive. There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, edited and/or distributed by or on behalf of Giving Hive.
You agree to defend, indemnify and hold harmless Giving Hive from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of our Services; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, or publicity, confidentiality, property or privacy right; or (v) any misrepresentation made by you. Giving Hive reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Giving Hive’s defense of any claim. You will not in any event settle any claim without the prior written consent of Giving Hive.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with our Service.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED TO, OR USED OR CONTROLLED BY GIVING HIVE OR A LICENSOR OF GIVING HIVE.
CONTROLLING LAW; JURISDICTION
The validity, construction and enforceability of these Terms shall be governed in all respects by the laws of the State of Minnesota, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota.
Any dispute or claim arising under or in any way related to these Terms, with the exception of recovery by Giving Hive of anything owed to it from you, shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact unless Giving Hive seeks injunctive relief in which case it may proceed with litigation. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, as they wish. In the event that Giving Hive chooses or is forced to pursue any form of collections or legal action to enforce the Terms, you accept responsibility for all costs incurred in such dispute, including Giving Hive’s reasonable attorneys’ fees.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
You agree that Giving Hive, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any of your content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Giving Hive will have no liability or responsibility with respect thereto. Giving Hive reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
You acknowledge and agree that these Terms, including waivers of liability, are intended to be as broad and inclusive as permitted by applicable law.
Giving Hive alone may assign, directly or indirectly, all or part of its rights or obligations under these Terms without the prior written consent of those using the Website or is Services. Nothing in these Terms, express or implied, will confer upon any person or entity not an authorized assignee to these Terms, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided in herein.
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
The failure or delay by Giving Hive to enforce or exercise any provisions of these Terms shall not constitute or be deemed a waiver of such provision or any other provisions within these Terms. Furthermore, any waiver or breach of any provision of these Terms shall not amount to a waiver of any other provision.
The provisions of these Terms which by their nature should survive termination of your use of our Services, including sections on Intellectual Property, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, and Waiver of Injunctive or Other Equitable Relief will survive.
RESERVATION OF RIGHTS
All rights not expressly granted to you are reserved by Giving Hive and its licensors and other third parties. No right or license in the Website and its content is granted to anyone using the Website, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of Giving Hive Content or Services for any purpose is prohibited.
These Terms constitute the entire agreement between Giving Hive and those using the Website and supersedes all prior agreements whether oral or written concerning the subject matter of these Terms.
By using this Website, you are agreeing to the Terms.