KWIK FUND owns and operates www.kwik-fund.com (the “Site”). Any person who accesses or uses the Site will hereafter be referred to as “You” or “Your”.
Acceptance of Terms
General Use of the Site
Except with the express written permission of KWIK FUND, You agree that You will not access or attempt to access password protected, member-only access, secure or non-public areas of the Site.
Any of the Services provided through the Site may also be located on third party Web sites or applications, by way of a link, click-through advertising, or otherwise means. Nothing contained in any of these Services shall be construed as a promise or offer by the Site to sell a specific product (or products) for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Moreover, KWIK FUND does not make any representation or warranty with respect to such third party Services and is not responsible for their accuracy, sufficiency or timeliness. You are responsible for researching, verifying or confirming the sufficiency and reliability of any third party Services, and You expressly release KWIK FUND from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with Your use of such Services.
Furthermore, You acknowledge that certain use of the Interactive Services may be tools (“Tools”) that provide information based on date imputed by the user. These Tools may be provided for the purpose of performing requests for fundraising donations.
Be advised that You may be subject to additional and/or different terms, conditions, and privacy policies when You use third-party Web sites, Web pages, services, content, or software or sites.
Content on Site
The Site and all of its content including, but not limited to all information, text, data, images, photos, illustrations, designs, video clips, sounds, files, icons, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, estimates, advertisements and other content or materials on the Site (“Content”) is owned by KWIK FUND and/or third parties with all rights reserved unless otherwise specifically stated. KWIK FUND grants You a limited license to access and use the Site and Content solely for informational and personal purposes. You are strictly prohibited from downloading, modifying, or making any other use of the Site or Content, except with express written consent of KWIK FUND. You understand and acknowledge that any third party Content transmitted through, linked from, or posted on the Site, is the sole responsibility of the third-party originator of said Content. Content is provided through the Site on an AS-IS basis, and You expressly agree that any use of and reliance on any Content shall be done at Your own risk, and that under no circumstances shall KWIK FUND be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available by way of the Services or any information contained on the Site.
You acknowledge that KWIK FUND has the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available by way of the Site, for any reason, with or without notice.
Content You May Provide
To the extent that You submit, upload, post, comment, or otherwise transmit (“Transmit” and/or “Transmitting”) Content on or through the Site, You agree to provide accurate, correct, complete, and true information and You shall refrain from impersonating or falsely representing Your affiliation with any person or entity. You are entirely responsible for all Content that You provide or otherwise make available through the Site. Moreover, You promise that You will not use the Site to do the following: Transmit any Content that is not related to appropriate subject matters that: 1. is misleading to consumers or others; 2. is unlawful, threatening, threatening, abusive, harmful, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, violates intellectual property laws, hateful, racially, ethnically or otherwise objectionable; 3. You do not have a right to post and transmit under any law or under contractual relationships; 4. such transmission, posting, or uploading constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; 5. include materials that contain 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; or 6. violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act or any other Act or applicable law such as the DMCA, NET, ACTA and the like.
By Transmitting Content to the Site, You grant, and You represent and warrant that You have the right to grant, to KWIK FUND an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, You grant KWIK FUND all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE INFORMATION AND/OR CONTENT AND/OR SERVICES ON THE SITE IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KWIK FUND MAKES NO EXPRESS OR IMPLIED WARRANTIES, OR GUARANTEES WITH REGARD TO THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF TO THE CAMPAIGN PERFORMANCE, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND KWIK FUND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability