Terms & Conditions
These Terms & Conditions were last modified on and is effective as of 11/2/2017
These Terms of Service constitute the entire agreement between you and GoKick.Me and govern your use of the Platform, superseding any prior agreements between you and GoKick.Me with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Alabama without regard to its conflict of law provisions. Nothing in these terms shall prevent Gokick.me from complying with the law. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GoKick.Me agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Jefferson County, Alabama. The failure of GoKick.Me to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver by us does not constitute a continuing waiver. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Service without the prior written consent of GoKick.Me, but GoKick.Me may assign or transfer these Terms of Service, in whole or in part, without restriction or consent. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles/headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Terms of Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the GoKick.Me website.
GoKick.Me provides its services (described below) to you through its website and mobile applications (the “Platform”) and related services (collectively, such services, including any new features and applications, and the Platform, the “Services”), subject to the following Terms of Services (as amended from time to time, the “Terms of Service”). This service is only available for Teammates in the United States, and you will be contracting with Lion LLC DBA GoKick.Me. For purposes of the following Terms of Service, “GoKick.Me,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service and or Platform/Services at any time. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through GoKick.me.com, (or any part thereof) with or without notice. You agree that GoKick.me.com, shall not be liable to you or to any other party for any changes and modifications. Your continued use of the Platform/Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you must discontinue your use of the Services/Platform.
Services/Platform Details: GoKick.Me is a venue only we are not a broker, financial institution, creditor or charitable institution. In these Terms, we refer to the person creating the campaign as the “Quarterback”. We refer to those contributing funds and or registered users or visitors as “Kickers” and to the funds they may or may not contribute as “Donations”. The person receiving the money for the campaign is the “Receiver”. The “Campaign” is an action item needing to be completed (herein referred to as the “Play”) by the Receiver and if completed in time allotted (herein referred to the “Season”) the donations will be distributed to him/her. GoKick.Me facilitates the Donations transaction between Quarterback, Kicker’s (if donations is given) and Receiver (herein referred to collectively as “Teammates”), but is not a party to any agreement between Teammates or between any other Teammate and or charity. GoKick.Me is not a broker, agent, financial institution, creditor or insurer for any Teammate. GoKick.Me has no control over the conduct of, or any information provided by Teammates and GoKick.Me hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
Among other features, the Platform is designed to allow a Quarterback to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those registered Teammates wishing to contribute funds to the Campaign (“Kickers”). For purposes hereof, the term Quarterback shall never be deemed to include any individual(s) designated as a Receiver of a Campaign this is done to hopefully alleviate most potential conflicts of interest. However, Quarterbacks can also be Kickers and donate to the Campaign.
GoKick.Me does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Teammate, or charity, and we make no guarantee, explicit or implied, that any information provided through the Platform by a Teammate is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose.
We do not and cannot verify the information that Quarterback supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Quarterback, nor if a specific Play has or ever will be accomplished in or outside of the Season. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Quarterback. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Quarterback is not raising or using the funds for their stated purpose, please email us at firstname.lastname@example.org to alert our team of this potential issue and we will investigate.
Teammate Content & Information
Teammate Content Transmitted Through the Services: With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Teammates or recipients (collectively, “Teammate Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such Teammate Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. GoKick.me.com, does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Site. However, by uploading any Teammate Content you grant GoKick.me a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Teammate Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public. Without limiting the foregoing, if any Teammate Content contains your name, image or likeness, you hereby release and hold harmless GoKick.Me and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Teammate Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Teammate Content (including your name, image or likeness). Further, if any person (other than you) appears in your Teammate Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of GoKick.Me in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of Teammate Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or GoKick.Me’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that GoKick.Me may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GoKick.Me, its Teammates or the public.
General Conduct: You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by GoKick.Me. However, this list is not exhaustive and GoKick.Me reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in GoKick.Me’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when GoKick.Me reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
- Establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
- any activity that violates any law or governmental regulation;
- content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
- illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
- the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- activities within, 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;
- ransom, human trafficking or exploitation;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the defense or support of anyone alleged to be involved in criminal activity;
- collection of payments on behalf of merchants by payment processors or otherwise; or
- credit repair or debt settlement services.
- Transmit or otherwise upload any content that:
- infringes any intellectual property or other proprietary rights of any party;
- you do not have a right to upload under any law or under contractual or fiduciary relationships;
- 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;
- poses or creates a privacy or security risk to any person;
- 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; or
- in the sole judgment of GoKick.Me, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GoKick.Me or its Teammates to any harm or liability of any type; or
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- harvest or collect email addresses or other contact information of other Teammates from the Services by electronic or other means.
Teammate Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. If the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised you agree to immediately notify GoKick.me.com. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to ensure that you sign out from your account at the end of each session when accessing the Services. GoKick.Me will not be liable for any loss or damage arising from your failure to comply with this Section.
Authority and Accuracy: In consideration of you visiting and using the Site, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to GoKick.me.com to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for GoKick.me.com, to suspend or terminate your account and refuse you service in the future.
Third-Party Material: Under no circumstances will GoKick.Me be liable in any way for any content or materials of any third parties (including Teammates and Quarterbacks), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GoKick.Me does not pre-screen content, but that GoKick.Me and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. GoKick.me.com does not control the content posted by third parties via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable.
Termination: You agree that GoKick.Me, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if GoKick.Me believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that GoKick.Me may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that GoKick.Me will not be liable to you or any third party for any termination of your access to the Services. Termination may result in the forfeiture and destruction of all information associated with any Teammate Account. Teammates may terminate their Teammate Account by following the instructions on the Services, but GoKick.me may retain the Teammate Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Teammate Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations the Receiver receives through your use of the Services. All Teammates should consult a tax advisor as to the amount of the donation that is tax deductible, particularly if you are awarding a gift or prize in connection with your donation, if any. Gokick.me makes no representation as to whether all or any portion of donations, including, if any, processing fees, are tax deductible, unless otherwise agreed. Gokick.me will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation to a Campaign. GoKick.me makes no representations, warranties or other assertions as to the potential tax deductible status of any Donation by a Kicker to a charitable cause or to a Campaign.
Quarterback Specific Information: You, as a Quarterback, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Teammate; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You further acknowledge that the information you provide in regards to the Receiver’s name and email for any Campaign is accurate and correct because you have confirmed its validity with the Receiver to be correct and that the Receiver has confirmed that they are okay with receiving money via Paypal based off of the email and name given. Moreover, you the Quarterback personally guarantee the validity of this information so that both GoKick.Me and other Teammates can rely on it in regards to whether or not to disperse and or donate money to the respective Campaign. You authorize GoKick.Me, and GoKick.Me reserves the right to, provide information relating to your Campaign with Kickers and Receivers of your Campaign, and with law enforcement or to assist in any investigation.
Quarterbacks will respond promptly and truthfully to all questions posed to them by GoKick.me or any Quarterback. Your location as reflected on your Campaign page must match your legal residence that you submit to GoKick.me when you create the Campaign. Quarterbacks may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in GoKick.me removing the Campaign(s) from GoKick.me, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Receiver shall be permitted to collect Campaign funds. GoKick.me will not be required to disburse Campaign funds to any third parties. Quarterbacks will comply with all applicable laws and regulations in the use of Donations. Quarterbacks are responsible for collecting and remitting any taxes on Donations.
GoKick.me may attempt to verify the identity and other information provided to us by Quarterbacks, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Quarterback eligibility is subject to GoKick.me’s review of the fulfillment status of prior obligations.
If the amounts raised by a Campaign on GoKick.me exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by GoKick.me in its sole discretion), GoKick.me may withhold a percentage of the Campaign funds for period of time as determined by GoKick.me in its discretion and in accordance with Campaign reviews. GoKick.me will manage all refunds during this time.
You acknowledge that as a Quarterback that GoKick.me may obtain reimbursement of any negative amounts owed on Campaign account (i.e. money owed to GoKick.me) by seeking reimbursement from the Quarterback by any other lawful means, including but not limited to using third-party collections services. Since we potentially will have no relationship with a Receiver, the Quarterbacks will be the ultimate responsible party for any fees or taxes based on applicable international, federal, state, local or any other taxes or levies. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. In the event we are contacted by a tax authority we will refer them to the Quarterback.
Kicker Information: Individual Kickers are solely responsible for asking questions and investigating other Teammates and Campaigns to the extent they feel is necessary before making a Donation. All Donations are made voluntarily and at the sole discretion and risk of the Kickers. GoKick.me does not guarantee that Donations will be used as promised or that the Campaign will achieve its goals. GoKick.me does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or the truth or accuracy of Teammate Content posted on the Services. You, as a Kicker, must make the final determination as to the value and appropriateness of donating to any Campaign.
Kicker Donations: In order to contribute to a Campaign or to a Charity, a Kicker will be required to provide GoKick.Me information regarding its credit card or other payment instrument. You, as a Kicker, represent and warrant to GoKick.Me that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless GoKick.Me, in its sole discretion, agrees to issue a refund (minus applicable GoKick.me platform fee).
Kicker’s Risk: All donations are at your own risk. Please make sure that when you donate to a given individual, Receiver, Event, Beneficiary or Charity, you understand how your money will be used. When donating, only donate to those people or entities that you feel comfortable donating to or otherwise know and trust. Gokick.me does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the Receiver.
Disputes between Teammates: You agree that you are solely responsible for your interactions with any other Teammate in connection with the Services and GoKick.Me will have no liability or responsibility with respect thereto. GoKick.Me reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Teammate of the Services. In addition, GoKick.me is under no obligation to become involved in disputes regarding the determination of who is a Kicker, Quarterback, or Receiver, and or if a Play has truly been completed or not completed, and will not be obligated to make any changes to a Teammates accounts or transfer of ownership.
Money Disbursement & Fees
Account Holds: From time to time, GoKick.Me may place a hold on a Campaign account (a “Hold”), restricting withdrawals (defined herein) by a Receiver. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Quarterback is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Quarterback (such as a legal beneficiary or person entitled by law to act on behalf of a Quarterback), (iii) if we have reason to believe that a Campaign or Quarterback has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@GoKick.Me.com.
Withdrawing Donations from a Campaign: If a Receiver has completed his Play within the Season, he/she will notify Quarterback directly who will then notify us to remit money to Receiver this money will be subject to any Holds that we or our payment partners may place on the Campaign account. We will then use the information given to us by the Quarterback, specifically the Receiver’s name and email address, to send a payment to the Receiver via Paypal and he/she may withdraw this money via Paypal or by receipt of a paper check in certain cases. While GoKick.Me strives to make withdrawals available promptly all Teammates acknowledge and agree that withdrawals may take up to 30 days and will not be available to Receiver for use immediately and GoKick.Me expressly disclaims any and all responsibility for any delay or inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. Please Note: if money is sent to an email and that money is never collected via Paypal this money will revert back to GoKick.Me in this situation we will disperse money back to the Quarterback directly. Quarterbacks, are responsible for ensuring that the information provided to GoKick.Me in order to process a withdrawal is accurate and up to date.
Chargebacks: If a chargeback is filed for a donation to a Campaign on GoKick.me, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify GoKick.me of the chargeback. GoKick.me may hold the Donation funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies GoKick.me through the payment processor, GoKick.me will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Receiver if warranted (as outlined above).
Payments and Third Party Payment Services: Kickers acknowledge that they are submitting payment directly to GoKick.Me to disperse to Receiver only if Play is completed to the satisfaction of the Quarterback, therefore GoKick.me.com cannot be responsible for tax receipts, lost payments, identity theft, fraud or refunds.
GoKick.me.com, provides links and interfaces to third party payment services, such as PayPal.com. You acknowledge that while GoKick.me.com, provides links to these third party payment services, GoKick.me.com, does not control and is not responsible for payments made or received through these services. Neither GoKick.me.com, nor the GoKick.me.com website provides receipts for tax purposes for any gift, Donation or donation. Any use of third party payment services by you will be subject to the terms and conditions of such third party payment services, and at your own risk.
GoKick.me.com, may collect transaction fees from the Teammate and pay transaction fees directly to third-party payment services.
Fees: GoKick.Me does not charge a Quarterback any upfront fees for initiating a Campaign. GoKick.Me retains a flat percentage of each Donation contributed to a Campaign (collectively, “Fees”) at 5% or $1.00, whichever is more. Money received in denominations other than US currency may have other fees levied via paypal and will be passed on accordingly, see this link for details https://www.paypal.com/us/webapps/mpp/paypal-fees. Kickers acknowledge that by contributing a Donation to a Campaign, the Kicker is agreeing to any and all applicable terms and conditions set forth by our payment partners.
Fees are deducted directly from each Donation immediately and will not be reflected in the amount which is dispersed to Receiver. We reserve the right to change GoKick.Me’s Fee pricing from time to time. If GoKick.Me does change its Fees, GoKick.Me will provide advance notice of the change on the Platform or in email to you, at GoKick.Me’s option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. Unless expressly stated otherwise, all Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.
Intellectual Property Rights
Use of Copyrighted Materials/Trademarks: Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the “Materials”) are copyrighted material owned by or licensed to GoKick.me.com, all rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by GoKick.me.com, and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution. GoKick.me.com, reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from GoKick.me.com, Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of GoKick.me.com, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to GoKick.me.com, its affiliates, and/or any third party, as applicable.
If you are blocked by GoKick.Me from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of GoKick.Me, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GoKick.Me.
Copyright Complaints: GoKick.Me respects the intellectual property of others, and we ask our Teammates to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GoKick.Me of your infringement claim in accordance with the procedure set forth below. GoKick.Me will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@GoKick.Me.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail:
429 Greensprings Hwy Ste 161 #326
Birmingham, AL 35209
To be effective, the notification must be in writing and contain the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your Teammate Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Teammate Content, you may send a written counter-notice containing the following information to the above-listed email or mailing address: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by GoKick.Me, we will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or Teammate, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GoKick.Me has adopted a policy of terminating, in appropriate circumstances and at GoKick.Me’s sole discretion, Teammates who are deemed to be repeat infringers. GoKick.Me may also at its sole discretion limit access to the Services and/or terminate the accounts of any Teammates who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Miscellaneous Terms & Conditions
Unsolicited Idea Submissions: We are always pleased to hear from our Teammates, and welcome their comments or suggestions. However, products, services, and features developed by GoKick.me or its Teammates might be similar or even identical to a submission received by GoKick.me or its Teammates. When we refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the GoKick.me platform or to GoKick.me about an existing product or service on, or a feature of, or a proposed addition to, the GoKick.me platform.
With regard to Teammate submissions:
All such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
GoKick.me and its Teammates will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
GoKick.me and its Teammates are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the Teammate that submitted the submission.
Site is for Use in the United States: The site is hosted in the United States and is intended for Teammates located in the United States. If you are a non-U.S. Teammate of site, by visiting the site, using the services and/or providing Gokick.me with any Teammate Generated Content specifically or Content generally, you agree to comply with all federal and state U.S. laws governing the site, the services, online conduct and acceptable Content and Teammate Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Data Mining, Commercial Use and Unsolicited Mailings Prohibited: You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service.
Third Party Websites/Services: The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Any links to other websites are provided as merely a convenience to you. This site and the services may provide links or references to other websites but Gokick.me has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Gokick.me, we do not operate, control or endorse any information, products or services on the Internet in any way. Gokick.me does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this site, you do so entirely at your own risk. GoKick.Me has no control over such sites, services and resources and GoKick.Me is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that GoKick.Me will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that GoKick.Me is not liable for any loss or claim that you may have against any such third party.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, GoKick.Me is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Charitable Giving: As used in this Agreement, the term “Campaign” does not refer to a Charity, and you acknowledge that Donations to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.
Hyperlinks to this Site: You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site (or your personal registry page within the Site) and does not portray GoKick.me.com, or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any GoKick.me.com, trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of GoKick.me.com.
General Practices Regarding Use and Storage: You acknowledge that GoKick.Me may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on GoKick.Me’s servers on your behalf. You agree that GoKick.Me has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that GoKick.Me reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that GoKick.Me will use its commercially reasonable efforts to provide respective Teammates with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that GoKick.Me reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
Cooperation with Authorities and Police Enforcement: We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested as required by law.
Mailing Contact Information: Please note the below mailing address for GoKick.Me; however, in regards to subpoenas, GoKick.me does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
429 Greensprings Hwy Ste 161 #326
Arbitration: GoKick.Me and Teammates agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a Teammate at its election may assert claims in small claims court, if the Teammate’s claims otherwise qualify for adjudication in that court. GoKick.Me and Teammate manifest their assent to arbitrate by providing and using the Services. Arbitrager claims are those that GoKick.Me asserts against Teammate, and that Teammate asserts against GoKick.Me, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of Teammate’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms of Service and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against GoKick.Me or a related party, a Teammate must send a letter requesting arbitration and describing the claim to GoKick.Me’s mailing address listed above. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. GoKick.Me will supply an electronic copy of the rules upon a Teammate’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Jefferson County, Alabama is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the County of Jefferson County, Alabama. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non prevailing party all of its reasonable attorneys’ fees and costs.
Limitation of Liability: GoKick.Me shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOKICK.ME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF GOKICK.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL GOKICK.ME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GOKICK.ME IN THE LAST SIX (6) MONTHS, OR, IF LESSER, ONE HUNDRED DOLLARS ($100). GOKICK.ME (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO GOKICK.ME IN THE LAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOKICK.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Notwithstanding any provision of the Terms, for Teammates in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then GoKick.me’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, GoKick.me does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future. SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnity and Release: You agree to release, indemnify on demand and hold GoKick.Me and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any Teammate Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Questions? Concerns? Suggestions?
Please contact us at support@GoKick.Me.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.