Terms Of Use

Last updated: December 1, 2016

READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE MEMBERSHIP WITHIN THE REKINDNESS PLATFORM (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE MEMBERSHIP.

IF YOU ARE REGISTERING FOR ONE OR MORE MEMBERSHIP (AS DEFINED BELOW), YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR CONTINUED USE OF THESE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF USE.

The Swap by reKindness and reKindness.com (“reKindness”) are platforms for exchanging fashion, beauty and other items. These Terms of Use are a binding contract between You and reKindness, LLC (“reKindness”). Your access to and continued use of certain areas within the Swap by reKindness App or reKindness Platform located at www.reKindness.com (including any successor site) (the “reKindness Platform” or the “Platform”), including any portions of the platform that require registration (“Membership”), constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use the reKindness Platform, including but not limited to the Membership services offered within the reKindness Platform.

Permitted and Prohibited Uses

Permitted Uses.

You may access and use such portions of the reKindness Platform for which neither registration nor a fee is required as set forth herein. Certain features and functions of the Platform may only be accessed after registering with the reKindness Platform and providing the information requested through the registration process. You may access and use the reKindness Platform, and utilize your Membership for the following purposes (collectively, “Permitted Uses”):

reKindness reserves all rights not expressly licensed. If You desire to access or use any Membership services, including but not limited to the platform, You can do so only if you register with the reKindness Platform and, if applicable, agree to any service specific agreements (such as shipping and handling fees when items are exchanged).

Prohibited Uses.

You may not:

Access to the reKindness Platform

reKindness reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the reKindness Platform and or the Membership services. reKindness further reserves the right to impose registration, password and other security precautions on access to and use of the reKindness Platform.

Access to Membership

To obtain access to Membership services, you will be required to register with us. Children under the age of 13 may not register for any of the Membership services. You will register for the reKindness Platform using your FaceBook account or using Digits by Twitter for verifying your identity via SMS. This process will create your username and password. Potential Members must complete reKindness’s registration process in order to receive passwords that will permit them to access the Membership services. Only one individual may access the reKindness Platform at a time using the same username and password. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under Your username or password.

You are responsible for ensuring that no unauthorized person will have access to Your username, password or account. It is Your sole responsibility to monitor and control access to and use of Your username, password and account. Your username, password and account are not transferable. You grant reKindness and all other persons and entities involved in the operation of the reKindness Platform the right to transmit, monitor, store, retrieve and use Your information in connection with the operation of the reKindness Platform. You agree to (a) immediately notify reKindness of any unauthorized use of Your username, password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. reKindness cannot and will not be liable for any loss or damage arising from Your (or any authorized users’) failure to comply with the provisions of this Section.

reKindness reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the reKindness Platform. reKindness further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the reKindness Platform.

Communications from reKindness

You understand and agree that, as part of Your registration for and use of the reKindness Membership services, reKindness may send to You certain communications from time to time, including (a) announcements, such as announcements concerning upgrades, modifications and/or enhancements to the reKindness Platform and any new products or services that may be offered by reKindness, including volunteer and other social giving opportunities related to the reKindness mission; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the reKindness Platform and/or any other products or services offered by reKindness; (c) Membership-related announcements; and (d) other administrative updates. You further understand and agree that Your agreement to receive such communications is a condition to Your use of the Membership services, and that You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the reKindness Platform, shall be subject to this Agreement.

Transactions

YOU ACKNOWLEDGE AND AGREE THAT REKINDNESS IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN OWNERS OF ITEMS AND SHARERS OF BEAUTY AND FASHION ITEMS. AS A RESULT, REKINDNESS HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR PLATFORM, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SHARE ITEMS OR THE ABILITY OF RECEIVERS TO RECEIVE ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR PLATFORM WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR PLATFORM.

When You enter into a transaction You create a legally binding contract with another member. You are responsible for ensuring that You comply with your obligations to that other member. If You do not, You may become liable to that Member. You must ensure that you are aware of any laws relevant to You as a barterer, buyer, seller, or laws for such other uses you make of the reKindness Platform. If another Member breaches any obligation to you, then you, and not reKindness, are responsible for enforcing any rights that you may have.

Except as specifically advised otherwise on the Platform, reKindness does not offer any form of insurance or other barter protection which will assist You, because our Platform merely provides the online venue for members to offer and exchange items and we are not otherwise involved in the transactions and interactions between buyers and sellers. Any disputes must be resolved between the owner of the items and the sharer of the items in the case of a trade or the buyer and seller involving a purchase.

As a condition of Your right to use the Membership within the reKindness Platform, You agree to provide us with true, accurate and complete information as required by the registration process, including Your legal name, address, telephone number, and email address (collectively, “Registration Data”), to allow us to share Your Registration Data with third parties for the purpose of verifying the information you provide and to otherwise use such Registration Data consistent with our Privacy Policy. You agree to the terms of our Privacy Policy, which is incorporated by reference. reKindness cannot and does not confirm a member’s purported identity. To assist, we require members to login using their FaceBook account or validate their identity using Digits by Twitter and have established a Member-initiated feedback system to help you evaluate the Member you choose to deal with. We also encourage you to communicate directly with Members through the tools available on our Platform. Members agree to exercise their own caution in relation to the identity and reliability of other Members.

Since reKindness is not involved in the actual transaction, then to the extent permitted by law reKindness specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.

reKindness, not being a party to the transaction, does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with an owner or sharer (as the case may be) in any way arising out of or in any way connected with your transaction. reKindness may plead these Terms of Use in bar to any claim, action, proceeding or suit brought by you, against reKindness for any matter arising out of any reKindness transaction or otherwise in respect of these Terms of Use. This clause does not affect any rights you may lawfully have against reKindness itself for its own acts or omissions.

reKindness may send you communications and notices regarding your transactions and your account on our Platform. They do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safetywhen using our Platform.

LISTING, SELLING, AND SHARING.

You must legally own and be able to deliver any item You list for sale or exchange on our Platform. Clothing and fashion items should have no holes, stains or visible wear and tear or defects. You must describe Your item fully and accurately. Your listings may only include text descriptions, pictures and other content relevant to the exchange of that item, including any information that You are required to provide by any applicable law. The listing and the content of the listing, including, but not limited to, any photographs, must be Your own work or work that You are legally entitled to use. All listed items must be listed in an appropriate category and all listing questions must be answered accurately and correctly.

When You list an item for exchange on the Platform You are offering the item described, in exchange for for one or more items or for sale. If You change Your mind about exchanging or selling the item You can “Unlist” it; in which case it is not available for another Member to choose. But once you have accepted an offer on Your item by another Member the exchange cannot be cancelled and You are legally bound to complete the transaction and promptly provide the item to the buyer. If You do not complete a transaction without lawful excuse You may be in breach of Your obligations to both reKindness and the receiving Member and You may be liable, in addition to being attributed with negative feedback on the Platform. Your feedback rating as a sharer will be indicative of Your performance in relation to Member responsibilities on the Platform.

Without limiting any other remedies available to reKindness at law, in equity or under this agreement, reKindness may, in its sole discretion, suspend or terminate Your Membership if we reasonably suspect or believe, or are informed by a government authority, that You (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with Your use of, our Platform, and You will have no claim whatsoever against reKindness in respect of any such suspension or termination of Your Membership.

You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing ‘knock offs’ and counterfeit items regardless of how You describe them. reKindness has a ‘zero tolerance’ policy in regard to listing items that might infringe copyright, trademark or other intellectual property rights of third parties. Where an alleged rights owner reports infringing items and asks reKindness to remove them, those items shall be removed forthwith without further investigation or any compensation for the Member.

FEEDBACK

Feedback belongs to reKindness although we permit You to use it on our Platform while You remain a Member. You may not use it or deal with it in any way inconsistent with the Terms of Use, without our prior written permission. You acknowledge that we have no control over what Members say about You and that we are not responsible for their ratings. But we ask all Members to be fair and reasonable about their feedback on other Members in order to maintain the integrity of the system.

You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate Your Membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about You, or Your feedback rating or any feedback given by You.

You acknowledge that Your feedback consists of ratings left by other Members and a composite feedback score compiled by reKindness, and that the composite number without the relevant comments does not convey Your full user profile. Because feedback ratings belong to reKindness and are not designed for any purpose other than facilitating trading between reKindness Members, You may not use Your reKindness feedback (including, but not limited to, marketing or exporting Your rating or feedback comments) in any real or virtual venue other than a platform operated by reKindness.

We do not provide the technical ability to allow You to import feedback from other websites to the Platform because a composite score, without the corresponding feedback, does not reflect Your true online reputation within our community.

Any feedback scores may be amended at any time in the absolute discretion of reKindness.

DISPUTES BETWEEN MEMBERS

Action initiating a dispute should be taken as soon as possible after receiving an item, if you are a receiver, or as soon as possible after marking the item as shipped if you are a sharer (the “Cause of Action”). At first instance it is the responsibility of the aggrieved member to the dispute to contact the other and work out a solution. Often problems arise because of a misunderstanding and can be resolved by subsequent clear communication. If the dispute is still unresolved after 14 days from the Cause of Action then the aggrieved member can contact reKindness no later than 60 days after the Cause of Action, and reKindness will be the final arbitrator of the matter. Factors taken into account by reKindness in resolving the dispute will include but not be limited to:

The decision of reKindness, in resolving the dispute, shall be final and binding on the respective members.

Use of the reKindness Platform for Communication

Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through the reKindness Membership services. However, we maintain the right to do so and to use any other forms of information available to us by virtue of Your use of our reKindness Membership services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Use, or to protect the rights, property or safety of visitors to our the reKindness Platform, the public, our employees or our affiliates.

reKindness reserves the right to deny access to any Membership services to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Specific Prohibited Uses for the reKindness Communication

Without limiting the foregoing, we may immediately terminate Your use of any Communications Service if You engage in any of the following prohibited activities:

Spam.

We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, Your account. Otherwise You agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Your License to reKindness

By submitting material (including, but not limited to, any text, photos, video or other content) to the reKindness Community, You are representing that You are the owner of the material, or are making Your submission with the express consent of the owner. By submitting any materials via the reKindness Community, Blog or any other feature of the reKindness Platform, You grant us, and anyone authorized by us, including, without limitation, our affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials You submit to the reKindness including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, You agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing You any form of compensation. You also agree that we, and anyone authorized by us, may identify You as the author of any of Your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right, in our sole discretion, (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Membership services, including content submitted by You, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

Materials Submitted by Other Users

We cannot and do not review every posting made on the reKindness platform, and other areas available for public postings we may provide. You may well read any given posting before anyone on our staff does. Take what You find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of our staff.

Privacy Policy

You agree to the terms of our Privacy Policy, which is incorporated by reference.

You agree that You will not take any action that would infringe, misappropriate, or violate reKindness’s intellectual property interests and that You will comply with the intellectual property provisions set forth herein.

The reKindness Platform (including without limitation the database and content found on the reKindness Platform) is copyrighted or otherwise protected subject matter, is owned or licensed by reKindness, LLC and is protected by United States and international copyright law, trademark law and other intellectual property laws. You are free to display and print for Your personal, non-commercial use the content You receive through the reKindness Platform provided you reprint any copyright and other rights notices included in such content. You may not reproduce, modify, distribute or publicly display the reKindness Platform, in whole or in part, in any form (including by email, screen shots or other electronic means) except as is expressly authorized by these Terms of Use. If you would like to make copies and/or distribute any portion of the reKindness Platform in ways not expressly authorized by these agreements, You must contact reKindness for written permission, which it may grant or withhold in its sole discretion. Of course, you are free to encourage others to access the information themselves from the reKindness Platform and tell them how to find it.

The reKindness Platform contains information from third-party sources. If You believe that Your copyright interests are being infringed by anything on the reKindness Platform, You must notify reKindness of Your claim by filing a Notice with ReKindness, LLC. Your Notice must be in writing (either via electronic mail or by certified or registered mail to ReKindness, Attn: Platform Administrator, 400 Village Pkwy NE, # 110, Atlanta, Ga 30306 or support@reKindness.com, and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the reKindness Platform that You claim is infringing; (4) information we can use to contact You, including Your address, telephone number, and e-mail address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Linking to the reKindness Platform

You may link to reKindness’s home page. You must contact support@reKindness.com if you wish to link to any page other than the home page. Any such links to the home page must not state or imply any sponsorship by reKindness of your site, service, application, or mobile or handheld device application by us.

Trademark Protection

reKindness is a registered service/trademark of reKindness, LLC. All other trademarks referred to on this platform are service/trademarks of their respective owners. You may not use any trademark or service mark appearing on the reKindness Platform without the prior written consent of the owner of the mark.

No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of the reKindness Platform, or incorporate into another website, application, mobile or handheld device application, or other service any of our intellectual property.

You agree not to upload or otherwise place any information on the reKindness Platform that would infringe or otherwise violate anyone’s intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

ACCURACY AND WARRANTY DISCLAIMERS

reKindness does not warrant or guarantee the accuracy, quality, completeness, currency, non-infringement, timeliness, merchantability, fitness for a particular purpose, or validity of any information on the reKindness Platform (including, without limitation, any database accessible via the reKindness Platform and its content) or linked from the reKindness Platform nor does reKindness guarantee that the reKindness Platform will be error-free or continuously available or free of viruses or other harmful components. The descriptive information is derived from descriptive information it receives, although it may (in its sole discretion) note obvious errors that it believes may exist in the materials as received by it.

Due to, among other things, the possibility of human and/or mechanical error, reKindness shall not be responsible for any errors or omissions on the reKindness Platform. reKindness makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. reKindness shall not be liable for any damages of any kind incurred as a result of the information posted on the reKindness Platform including, without limitation, any content thereon.

reKindness cannot and does not review every entry made on the reKindness Membership services accessible to you as a part of the reKindness Membership. You can expect that reKindness Membership entries may contain opinions from the individual authors of postings that may include opinions from organizations other than reKindness. reKindness does not endorse or guarantee the accuracy of any Blog post regardless of whether the Blog post comes from reKindness or an outside author or “guest” author.

REKINDNESS MAKES NO WARRANTY THAT THE REKINDNESS PLATFORM IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE REKINDNESS PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” REKINDNESS HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY REKINDNESS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. REKINDNESS MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE AND/OR EQUIPMENT.

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL REKINDNESS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE REKINDNESS PLATFORM, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE REKINDNESS PLATFORM, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER REKINDNESS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

You agree to indemnify, defend and hold harmless reKindness, its affiliates, and their respective officers, directors, employees, agents, successors, affiliates, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the reKindness Platform, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys’ fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the reKindness Platform and/or the reKindness Membership.

Endorsement Disclaimer

reKindness does not endorse, support, sanction, or verify the information or material on or accessible via the reKindness Platform. Unless otherwise specifically indicated, reKindness does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the reKindness Platform, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by our advertisers or others to whose sites we link.

Disclaimer Regarding Documents Uploaded to the reKindness Platform

You are solely responsible for the documents and pictures you upload to the reKindness Platform. You are advised to block any signatures and personally identifiable information from documents and/or pictures that you upload. reKindness reserves the right to refuse any document or picture. In addition, reKindness has the right to terminate any document or picture at any time for any reason. reKindness and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents or pictures on the reKindness Platform. reKindness will not be held liable for any damages.

Termination; Equitable Remedies

reKindness may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by You of the reKindness Platform or any infringement or violation of reKindness’s intellectual property rights, shall cause reKindness irreparable injury for which reKindness could not be fully compensated by money damages. You agree that, in the event of such a violation, reKindness would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that reKindness would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.

Force Majeure

reKindness shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the reKindness Platform, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond reKindness’s reasonable control.

Dispute Resolution

These Terms of Use shall be governed and construed by the laws of the state of Georgia, USA without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the reKindness Platform, You are transacting business in the State and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the reKindness Platform shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of Georgia, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

Modification of These Terms of Use

reKindness reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use at any time by posting such modified versions on the reKindness Platform. You agree to monitor regularly these Terms of Use as they appear on the reKindness Platform. Your continued use of the reKindness Platform after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any Membership services specific agreements. These Terms of Use may not otherwise be modified or amended.

Notices

Except as is stated herein to the contrary, any notices to reKindness must be given by postal mail sent to reKindness’s headquarters as then listed on the reKindness Platform. Any notices to You will be sent to the e-mail address that You provide to reKindness.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, reKindness and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

Subject to the following sentence, these Terms of Use, including the Privacy Policy, constitute the entire agreement between reKindness and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and reKindness with respect to the subject matter of these Terms of Use. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.

One More Thing

If you’ve read our entire Terms of Use, thanks for taking the time to be an informed member. Happy Swapping!