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Welcome to the GeezeIt, LLC ("GeezeIt" or "We" or "Us") Website located at www.GeezeIt.com (the "Website"). Please review the following terms and conditions concerning your ("You" or "Your") use of the Website. By accessing, using or downloading any materials from the Website, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, you may not use this Website.
GENERAL USE PROVISIONS
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by GeezeIt or by its respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of GeezeIt and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of GeezeIt or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Website on any other server without GeezeIt's prior express written permission.
Except where expressly provided otherwise by GeezeIt, nothing on this Website shall be construed to confer any license under any of GeezeIt's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" section below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by GeezeIt. GeezeIt does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by GeezeIt. You agree that GeezeIt shall have the right to keep any and all fees, costs, interest payments and any other overages related to any transactions on the Website or its related Third Party Providers' websites that inure to the benefit of GeezeIt.
GeezeIt hereby grants you permission solely to display, copy, distribute and download Your data, including but not limited to any fundraising you are attempting, or a group to which You are a part of, is attempting, stored on this Website, provided that: (1) the use of such data accompanied by GeezeIt's Materials is solely for use in accordance with these Terms and will not be copied or posted on any networked computer, broadcast in any media now known or hereafter devised, and (2) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you shall immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, banking laws, and communications regulations and statutes. It is your obligation to comply with all applicable State, Federal and International laws.
LINKS TO THIRD PARTY SITES
This Website may contain links to websites controlled by parties other than GeezeIt. GeezeIt is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. GeezeIt or its Third Party Providers are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GeezeIt of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature and/or that they are correct and of a lawful nature.
SUBMISSIONS
Except where expressly provided otherwise by GeezeIt, all comments, feedback, information or materials submitted to GeezeIt through or in association with this Website ("Submissions") shall be considered non-confidential and GeezeIt's property. By providing such Submissions to GeezeIt, you agree, at GeezeIt's option, to either (1) assign to GeezeIt all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions, or (2) grant a nonexclusive, nonrevocable, perpetual, worldwide, license to GeezeIt to use the intellectual property embodied in the Submissions in any way it deems fit, including but not limited to, making derivative works therefrom, as consideration in exchange for the use of this Website. GeezeIt shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not GeezeIt, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright as well as compliance with all applicable rights privacy, publicity and attribution, as applicable, in all jurisdictions worldwide.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GEEZEIT, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS." GEEZEIT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GEEZEIT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GEEZEIT, THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. EXCEPT AS PROVIDED IN THE PRIVACY POLICY, LISTED AT WWW.GEEZEIT.COM/PRIVACY.HTML ("PRIVACY POLICY"), GEEZEIT DISCLAIMS ANY PRIVACY RIGHTS AND DISCLAIMS ANY WARRANTY AS TO PRIVACY AND YOU AGREE THAT YOU HAVE NO REASONABLE EXPECTION OF PRIVACY WHILE USING THE WEBSITE, EXCEPT FOR THOSE RIGHTS SPECIFICALLY ENUMERATED IN THE PRIVACY POLICY.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY OR A THIRD PARTY PROVIDER EXCEED $750. IN NO EVENT SHALL GEEZEIT OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH OF ANY CLAUSE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".
BILLING RELATED ISSUES
Payments received in your GeezeIt account may be reversed at a later time if such a payment is subject to a chargeback, reversal, claim or otherwise is invalidated. This means that Your account may be charged even after payments are made on behalf of You or your group.
GeezeIt may close, suspend or limit your access to the Website and/or limit access to funds in Your or Your group's account if GeezeIt, in its sole discretion suspects or is aware of any breach of these Terms.
You agree to follow all rules, regulations, terms and policies of any and all payment processors, including, but not limited to Paypal, Inc., and the credit card companies and/or banks that they process on behalf of. Any violation of their rules, regulations, terms or policies may result in suspension or termination of your privileges on the Website.
You understand that GeezeIt is only a processor of payments and is completely an independent contractor who may temporarily hold funds on Your behalf or on behalf of others for Your benefit or for the benefit of others. GeezeIt does not guarantee the validity of the payments made to it nor the identity of the persons making those payments. Except as listed herein, GeezeIt does not keep your credit card or banking information except to the extent necessary to conduct business, as it, in its sole discretion deems fit.
You agree that you will not receive interest or any other earnings on any funds that You or persons in Your group have deposited with GeezeIt. Furthermore, you agree that the payment processors that work in conjunction with GeezeIt may charge processing and service fees and you agree that those fees shall be paid before any accounting of funds to GeezeIt. In consideration for your use of the Website, you irrevocably transfer and assign to GeezeIt any ownership right that you may have in any interest or earnings that may accrue on funds held by GeezeIt.
You agree that if you have a past due amount to GeezeIt, then GeezeIt may debit your account to pay any amounts or underages due and owing from your account. To secure your performance of these Terms and for use of this Website, you grant to GeezeIt a lien on and security interest to any funds You have deposited or which those in Your group have deposited. You agree that you are responsible for any and all reversals, charge-backs, penalties or any other liability incurred due to your actions as they relate to the Website.
If you wish to close your GeezeIt account, there may be a delay for as long as 4 years if GeezeIt is investigating your account, conduct relating or referring to your account for any other reason that GeezeIt in its sole discretion, deems fit. Furthermore, You agree that GeezeIt may hold any funds that it reasonably believes may have been deposited for an improper purpose or that, in any way violate these Terms.
You agree that you will not: (i) act in a matter that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (ii) provide false, inaccurate or misleading information; (iii) send or receive what GeezeIt believes to be potentially fraudulent funds; (iv) refuse to cooperate in any investigation or provide confirmation of your identity or any other information you provide us; (v) use an anonymizing tool or proxy to hide your true identity and/or IP address; (vi) control an account that is linked to another account that is not yours or to give your login or password information to others; (vii)disclose or distribute another's information to a third party, or use any information from the Website for marketing purposes unless you receive express consent to do so; (viii) send unsolicited correspondence to any person to collect payments; (ix) take any action that imposes an unreasonable or disproportionately large load on the GeezeIt Website or GeezeIt infrastructure; (x) use any robot, spider, or other automatic device or many process to monitor or copy the Website; (xi) take any action that may cause GeezeIt to lose any of the services from its internet service providers, payment processors or other suppliers or Third Party Providers.
You agree that GeezeIt has the right and ability to cancel any group that it feels, in its sole discretion, is improper, casts a poor light on GeezeIt or is in violation of these Terms.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Agreement. You represent that you are at or over the age of 18 and have legal capacity to enter into these Terms.
INDEMNITIES
You shall defend and indemnify GeezeIt and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against GeezeIt or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to You. GeezeIt shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website or the Materials other than in accordance with this Agreement; (b) the combination of the Website and the Materials with any other products, services, or materials; or (c) any third party products, services, or materials.
CUSTOMER RESPONSIBILITIES
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data as well as money from locations other than the location from which GeezeIt controls and operates the Website. You will not use the GeezeIt service to launder money, improperly shift funds, evade tax obligations or anything for which you may be liable to any government agency or in violation of any domestic or international law. You will ensure that any use of the Service by Your Users is in accordance with the terms of this Agreement.
NOTICES
GeezeIt may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in GeezeIt's account information, or by written communication sent by first class mail or pre-paid post to Your address on record in GeezeIt's account information. Notice to you via electronic means shall be deemed to be effective immediately upon posting or delivery, whichever is first. You may give notice to GeezeIt at any time by letter sent by confirmed facsimile to GeezeIt, fax number (415) 358-8063 or by letter delivered by registered mail with return receipt to GeezeIt at the address set forth below. All notices to GeezeIt shall be deemed to have been given three days after mailing or 24 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, GeezeIt complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to GeezeIt's designated agent via email at legal@GeezeIt.com or via registered US mail sent return receipt to DMCA Compliance Agent, GeezeIt, LLC, 3145 Geary Blvd #744, San Francisco, California 94118
GENERAL PROVISIONS
Any action related to this Agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and to arbitration as stated herein. At the request of GeezeIt or You, any controversy or claim related to this Agreement ("Claim") shall be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in San Francisco, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either GeezeIt or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of GeezeIt to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. You agree that if you violate these Terms, then we may hold Your or Your group's funds for up to four years and fine you up to $25,000 for each such violation and take legal action against you to recover said fines and/or to recover any additional losses we incur. You acknowledge and agree that the fine of up to $25,000 is presently a reasonable minimum estimate of GeezeIt's damages, considering- all currently existing circumstances.
This Agreement represents the Parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. GeezeIt reserves the right to change these Terms or its policies relating to the Service at any time, and such changes will be effective upon being posted herein. You agree to check these Terms on each day before use of the Website to confirm your continued agreement with these Terms. Your continued use of the Website after any such changes shall constitute Your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between GeezeIt and You as a result of these Terms or use of the Website. You may not assign this agreement without the prior written approval of GeezeIt. Any purported assignment in violation of this section shall be void. GeezeIt reserves the right to use Third Party Providers in the provision of the Materials hereunder. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any rights not expressly granted herein are reserved by GeezeIt.
GENERAL
This Website may include inaccuracies or typographical errors. GeezeIt and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. GeezeIt may periodically make changes to the Website.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by GeezeIt.
GeezeIt, GeezeIt.com, the GeezeIt logo, and/or other GeezeIt identifiers referenced herein are trademarks of GeezeIt, LLC, and may be registered in certain jurisdictions. Other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.
Copyright © 2009 GeezeIt, LLC, 3145 Geary Blvd #744, San Francisco, California 94118
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact GeezeIt at legal@GeezeIt.com.
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