Terms of Service ("Terms")

 

Last updated: February 25, 2021

 

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the HaveNeed.org website and the HaveNeed mobile application (together, or individually, the "Service") operated by Have Need, Inc. ("us", "we", or "our").

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

By downloading, installing, using or accessing, the Service you (a) acknowledge that you have read and understand these terms; (b) represent that you are 18 years of age or older; and (c) agree to be bound by these Terms and our Privacy Policy, found at https://www.haveneed.org/privacy. If you disagree with any part of the terms, then you do not have permission to access the Service.

 

App End User License Agreement

Subject to these Terms, we grant you a limited, non-exclusive, and nontransferable license (the “License”) to download, install and use the Service for your personal, non-commercial use on a single device owned or otherwise controlled by You (“Mobile Device”) strictly in accordance with the Terms.

You shall not (a) copy the Service, except as expressly permitted by the License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Service; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time.

You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms of Service. We and our licensors and service providers reserve and shall retain our entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You agree that all information you provide us is governed by our Privacy Policy and you consent to all actions we take with respect to your information with our Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time for any period.

Collection and Use of Information

You acknowledge that when you download, install, or use the Service, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Service. 

You are required to have an active account with Facebook, a third party social media platform, as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. By downloading, installing, using and accessing the Service, you consent to our use of your username and other information (such as your friends or contacts) from those accounts. These other third parties have their own privacy policies, which we encourage you to read before providing your information through them.

All information we collect through or in connection with this Service is subject to our Privacy Policy https://www.haveneed.org/privacy. By downloading, installing, using, and providing information to or through this Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless Have Need, Inc. and its licensee and licensors, and their employees, contractors, agents, affiliates, successors, assigns, and officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use or misuse and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted or made available on the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

User Code of Conduct

 

In connection with using or accessing our Services you will not:

 

  • Post, list or upload content or items in inappropriate categories or areas on our sites;

  • Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

  • Use our Services if you are under 18 years old, or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

  • Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • To upload, use, or re-use any material that is considered Prohibited Consent as set out in these Terms of Service;

  • To impersonate or attempt to impersonate HaveNeed, a HaveNeed employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

  • Fail to fulfill your agreed upon trade obligations, unless you have a valid reason; for example, the seller has materially changed the item's description after you agree to trade, a clear typographical error is made, or you cannot contact the seller

  • Fail to deliver items you have agreed to trade, unless you have a valid reason; for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;

  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • Distribute viruses or any other technologies that may harm HaveNeed or the interests or property of users;

  • Harvest or otherwise collect information about users without their consent;

  • Circumvent any technical measures used to provide our Services; or

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm other users of the Service.

 

If we believe you are abusing our Services in any way, listed on any federal or state law enforcement watch list or, in violation of any applicable law, rules, terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Services, delay or remove hosted content, remove, not display, and/or demote listings, and take technical and/or legal steps to prevent you from using our Services. 

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Have Need, Inc. has the right but not the obligation to monitor and edit all Content provided by users. 

In addition, Content found on or through this Service are the property of Have Need, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Content

You must comply with all applicable laws and this Terms of Service. Below is a list of categories of items that are prohibited on our site:

  • Weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc

  • Ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives

  • Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking

  • Exploitation or endangerment of minors; child pornography

  • Recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing

  • Prescription drugs, medical devices; controlled substances and related items

  • Alcohol or tobacco; unpackaged or adulterated food or cosmetics

  • Pet sales (re-homing with small adoption fee ok), animal parts, stud service

  • Endangered, imperiled and/or protected species and any parts thereof, e.g. ivory

  • False, misleading, deceptive, or fraudulent content; bait and switch; keyword spam

  • Offensive, obscene, defamatory, threatening, or malicious postings or email

  • Anyone’s personal, identifying, confidential or proprietary information

  • Food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance

  • Stolen property, property with serial number removed/altered, burglary tools, etc

  • ID cards, licenses, police insignia, government documents, birth certificates, etc

  • Counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer

  • Lottery or raffle tickets, sweepstakes entries, slot machines, gambling items

  • Spam; miscategorized, overposted, cross-posted, or nonlocal content

  • Postings or email the primary purpose of which is to drive traffic to a website

  • Postings or email offering, promoting, or linking to unsolicited products or services

  • Affiliate marketing; network, or multi-level marketing; pyramid schemes

  • Any good, service, or content that violates the law or legal rights of others

 

We have the right to:

  • Remove or refuse to post any Content for any or no reason in our sole discretion.

  • Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service, or could create liability for Have Need, Inc.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. 

  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS HAVE NEED, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to copyright@haveneed.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

  • 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 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 owner or authorized to act on the copyright owner's behalf.

 

You can contact our Copyright Agent via email at <legal@haveneed.org>

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Have Need, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Have Need, Inc.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Mobile Device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. 

 

You must not:

 

  • Modify copies of any materials from the Service.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Have Need, Inc.

Have Need, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Have Need, Inc. shall 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 such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation Of Liability

In no event shall Have Need, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

Our aggregate liability arising out of or relating to these Terms will not exceed the lesser of (i) $2,000 or (ii) the amount you have paid us, in transaction fees through the Service, in the previous two (2) months in question. 

Disclaimer

You understand that we do not manufacture, store, or inspect any of the items sold through our Services. We provide, the venue; the items in or marketplaces are listed and sold directly by independent sellers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release us from any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance and any warranties arising out of course of deal or usage of trade.

Have Need, Inc., its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE. 

 

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HAVE NEED, INC. NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, HAVE NEED, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Returns, Refunds & Exchanges

Although we are not directly involved in a transaction between users, in the unlikely event that your transaction does not go as expected we encourage you to contact the other party to try and resolve the issue and notify us in a timely manner so that we may attempt to assist resolving the issue if necessary. To the extent returns or exchanges are requested, you are required to notify us within ten (10) days of such return or exchange request.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Arbitration

 

You agree that any dispute, claim or controversy arising out of or relating to this Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California before one arbitrator. The arbitration shall be administered by the American Arbitration Association the (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms), unless otherwise required by law. 

 

Geographic Restrictions

 

The Content and Services are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You may not use or access the Service if you are located outside the United States. 

 

Waiver and Severability

 

No waiver by Have Need, Inc. of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Have Need, Inc. to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about this Terms of Service, please contact us at <legal@haveneed.org>.

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