TERMS OF USE

Last Modified: March 17, 2020

Meet The Need Siouxland, Inc., a Nebraska nonprofit corporation (“Company,” “we,” or “us”) [that qualifies as a tax-exempt public charity under Internal Revenue Code (“IRC”) § 501(c)(3)], aims to close the gap between need and supply for humanitarian nonprofit services in the Siouxland area by providing a platform where qualified IRC § 501(c)(3) organizations (“Charities”) can post a list of their current material needs (“Listing”) in order to connect with individuals or businesses (“Donors”) who are looking to donate those material goods.

1. Acceptance of the Terms of Service
   These terms of service are entered into by and between you and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of meettheneedsiouxland.org, including any content, functionality, and services offered on or through any such website (the “Website”). For the purposes of these Terms of Service, “you” means the individual accessing the Website, or the organization on whose behalf the individual is accessing the Website, including Charities and Donors. If you enter into the Terms of Service on behalf of an entity (the “Entity”), the individual entering into the Terms of Service hereby represents he or she has the full right, power, and authority to enter into the Terms of Service on the Entity’s behalf.
   
   Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION.


2. Changes to the Terms of Service
   We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
   
   Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date the Terms of Service were last modified is indicated above.



3. Registration on the Website
   Charities must register on the Website (each an “Account”) in order to post a Listing; however, Donors do not need to create an Account in order to search the available Listings or Charities. If you are a Charity, you acknowledge and agree that the Website may only be used for serving the needs of the Charity and that you shall not use the Website to list or obtain goods or services for any personal purpose.
   
   Upon registration, the information you will need to provide includes but is not limited to the Charity’s full legal name, business mailing address, business phone number, and valid business email address. You are responsible for keeping your Account information current through the Account page on the Website; please be aware that communications sent through the Website and by us rely on your Account information and failure to keep your Account information up to date may mean that you do not receive messages, updates, or important communications from us and other users. Each individual and each Entity may only have one Account. You may not assign or otherwise transfer your Account to any other individual or entity. You may terminate your Account at any time, for any reason, by sending an email to info@meettheneedsiouxland.org.


4. Entity Users
   The Website is offered for use by individuals and Entities and their owners and employees (each a “User” and collectively “Users”). If you enter into these Terms of Service or create an Account on behalf of the Entity, you must provide the Entity’s full legal name when you create the Account. We treat the Entity in whose name the Account is established as the owner of the Account. Such Entity is a party to these Terms of Service and shall be subject to all of the provisions that are applicable to the party addressed as you or as the Entity in the Terms of Service. The Entity may delegate administration of its Account to one or more of its Users, but the Entity remains responsible for all activity occurring thereunder. The Entity is responsible for the compliance of its Users with the Terms of Service, any breach of the Terms of Service by its Users, and any acts or omissions of its Users. If the Entity become aware of any violation of its obligations under these Terms of Service by one or more of its Users, the Entity will immediately terminate any such User’s access to the Website. Each User using the Website further agrees to the Terms of Service and acknowledges and agrees that he or she is subject to, and shall comply with, all of the provisions that are applicable to the party addressed as you in these Terms of Service.


5. Accessing the Website and Account Security
   We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
   
   You are responsible for both:
   • Making all arrangements necessary for you to have access to the Website.
   • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
   
   To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to use or register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
   
   If you choose, or are provided with, a user name, password, or any other piece of information as part of our Account security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other individual or entity with access to this Website or portions of it using your user name, password, or other security information, except your Users if you are an Entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security regarding your Account. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
   
   We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to disable or delete your Account and remove any related information, including your User Contributions (as defined below) and Listings, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
   
   You acknowledge and agree that Donors and Charities are not affiliated with Company in any way. You acknowledge and agree that any donation of goods from a Donor to a Charity is solely between such Donor and Charity, and Company does not have any obligation under any such donation, including no obligation to inspect or deliver any donated goods, and further, Company is not liable for any actions or omissions of a Charity or a Donor with respect to you, your activities or your property or any third party or any third party’s property.
   
   YOU ACKNOWLEDGE THAT COMPANY HAS NO OBLIGATION TO INSPECT OR CONTROL ANY DONATED GOODS. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS OR OMISSIONS OF A DONOR OR A CHARITY OR THEIR EMPLOYEES OR AGENTS, INCLUDING A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE ANY CONTROL OVER THE PERFORMANCE, QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE OR ANY OTHER ASPECT WHATSOEVER OF ANY COMMITMENT BY A DONOR TO DONATE GOODS NOR OF THE INTEGRITY, RESPONSIBILITY, QUALIFICATIONS OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY PARTIES.
   
   YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE ANY CONTROL OVER ANY COMMUNICATIONS BY OR ON BEHALF OF CHARITIES OR DONORS, INCLUDING THROUGH THE WEBSITE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, SUITABILITY, SAFETY, AVAILABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE CHARITIES, DONORS, LISTINGS, OR THE COMMUNICATIONS OF OR BETWEEN, OR ON BEHALF OF, CHARITIES AND DONORS IDENTIFIED THROUGH THE WEBSITE, WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS OR OTHERWISE HOWSOEVER.
   
   If you are a Donor, you acknowledge and agree that if you contact a Charity through the Website regarding a Listing, that your contact information may be shared with such Charity. If you are a Charity, you acknowledge and agree that any Donor who contacts you through the Website regarding your Listing may receive your contact information.


6. Charity Requirements
   If you are a Charity, in order to use our Website and our services, you represent, warrant, covenant and agree to the following:
   • You are a nonprofit entity that is a qualified tax-exempt public charity under IRC § 501(c)(3), and you hereby agree to respond to any requests for additional information from us to confirm your tax-exempt status.
   • You are solely responsible for providing donation receipts to Donors who provide you with donated goods as required by applicable laws.
   • Your Listings are exclusively for legitimate needs of the Charity that are in furtherance of your respective exempt purpose and are not for any personal use or needs.
   • You will inspect any donated goods for suitability prior to use or consumption by those that your Charity benefits.
   
   You agree that you meet the above requirements and will continuously meet such requirements as long as you are using our Website to post Listings. You agree that we may update the Charity requirements from time to time, in our sole discretion, and in such event you agree to comply with any such updated Charity requirements as long as you are using the Website to post Listings.


7. Intellectual Property Rights
   The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
   
   These Terms of Service permit you to use the Website only as expressly authorized herein. 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 Website, 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.
   • You may print or download one copy of a reasonable number of pages of the Website for your own use with respect to a Listing and not for further reproduction, publication, or distribution.
   • 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 use with respect to a Listing, provided you agree to be bound by our end user license agreement for such applications.
   • If we provide social media features with certain content, you may take such actions as are enabled by such features.
   
   You must not:
   • Modify copies of any materials from this site.
   • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
   • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
   • Reverse engineer, disassemble, decompile. or decode the Website or any part thereof or otherwise attempt to derive or gain access to the source code of the Website or any part thereof.
   • Link to, mirror, or frame any portion of the Website.
   • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website.
   • Use the Website in any unlawful manner whatsoever.
   • Otherwise use the Website except as expressly authorized herein.
   
   Except as expressly allowed herein to post Listings, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@meettheneedsiouxland.org.
   
   If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.


8. Copyright Policy
   If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing a Notice of Alleged Infringement (containing the contents described below) and delivering it to Company’s agent identified below in this section. Upon receipt of the Notice of Alleged Infringement, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website.
   
   In accordance with 17 U.S.C. Section 512 (“DMCA”), the Notice of Alleged Infringement should include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such party’s full legal name and contact information, such as mailing address, telephone number, or email address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf (or authorized to act under an exclusive right under copyright).
   
   A Notice of Alleged Infringement should be submitted to Company’s agent, Shelly Ackerman, in one of the following manners: by email to shelly@meettheneedsiouxland.org; by mail to P.O. Box 837, 204 1st St., Suite 127, Sergeant Bluff, IA 51054; or by telephone to 712-577-0482.
   
   If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Alleged Infringement may not be effective.
   
   Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.


9. Access to the Website; Electronic Transaction and Communications
   You are solely responsible for obtaining any devices and data access required to use the Website, and we do not guarantee that the Website will work with or on any particular device. You acknowledge that your mobile network’s data and messaging rates and fees may apply if you access or use the Website from your device and that you are solely responsible for such charges.
   
   You acknowledge and agree that other users of the Website, including any Donors or Charities, may contact you using the phone number or email address you provide to the Website, and you consent to receive such communications. You agree that you are solely responsible for any related charges from your cell phone carrier, wireless carrier, internet service provider, or other applicable service provider. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY EMAIL, TEXT, PHONE CALLS, OR OTHER COMMUNICATIONS SENT BY OR RECEIVED BY ANOTHER USER OF THE WEBSITE, INCLUDING ANY DONOR OR CHARITY OR THEIR EMPLOYEES OR AGENTS.
   
   WHEN YOU CONTACT COMPANY OR THIRD PARTIES BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO COMPANY OR THIRD PARTIES VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY OR THIRD PARTIES THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.


10. Prohibited Uses
    You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
    • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses associated with any of the foregoing.
    • 〈 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.
    • 〈 In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    
    Additionally, you agree not to:
    • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Website.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.


11. User Contributions
    The Website allows Charities to post Listings, supports communication between Charities and Donors related to Listings, and may contain other features that allow you to post messages or reviews, give ratings, or request support, among other possible features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
    
    All User Contributions must comply with the Content Standards set out in these Terms of Service.
    
    Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
    
    You represent and warrant that:
    • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
    • All of your User Contributions, and the posting of your User Contributions on or through the Website, and the use of your User Contributions as permitted herein do not and will not infringe, misappropriate, or violate a third party’s intellectual property, proprietary, publicity, or privacy rights.
    • All of your User Contributions do and will comply with these Terms of Service and the Content Standards set forth below.
    
    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We do not endorse and are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.


12. Monitoring and Enforcement; Termination
    We have the right to:
    • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Company.
    • 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 Website.
    • Terminate or suspend your access to all or part of the Website 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 Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, 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 generally do not undertake to review all material before it is posted on the Website 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.


13. Content Standards
    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
    • Be likely to deceive any person.
    • Promote any illegal activity or advocate, promote, or assist any unlawful act.
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    • Contain any names or other personal information, except your own such information.
    
    
14. Copyright Infringement
    If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Company to terminate the user accounts of repeat infringers.


15. Reliance on Information Posted
    The information presented on or through the Website, including without limitation all Listings, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
    
    This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


16. Changes to the Website
    We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


17. Information About You and Your Visits to the Website
    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


18. Linking to the Website and Social Media Features
    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
    
    This Website may provide certain social media features that enable you to:
    • Link from your own or certain third-party websites to certain content on this Website.
    • Send emails or other communications with certain content, or links to certain content, on this Website.
    • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
    
    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
    • Establish a link from any website that is not owned by you.
    • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
    • Link to any part of the Website other than the homepage.
    • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
    
    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
    
    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


19. Links from the Website
    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


20. Geographic Restrictions
    The owner of the Website is based in the State of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


21. Disclaimer of Warranties; Limitations of Liability;Indemnification
    
    a.Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED 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 THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    
    YOU ACKNOWLEDGE AND AGREE THAT: (I) COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
    
    YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR USING THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE LISTINGS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT ANY GOODS DONATED BY DONORS ARE IN GOOD CONDITION OR FREE FROM FLAWS OR DEFECTS OR THAT ANY DONATIONS MADE PURSUANT TO THE USE OF OUR WEBSITE ARE TAX-DEDUCTIBLE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    
    TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS CONTENT, THE LISTINGS, AND ANY SERVICES OR GOODS OBTAINED THROUGH OR USING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS.
    
    YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, LOSS, CORRUPTION, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED USING THE WEBSITE.
    
    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    
    b.Limitation on Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    THE WEBSITE MAY BE USED BY YOU TO OBTAIN OR DONATE GOODS OR SERVICES, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LISTINGS OR OTHER ACTIONS OR OMISSIONS OF ANY CHARITIES OR DONORS OR ANY OF THEIR EMPLOYEES OR AGENTS, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.
    
    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).
    
    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    
    c.Indemnification You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms of Service, (ii) your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website, (iii) your use of any services or products received or otherwise obtained through or using the Website, (iv) Company’s use of your User Contributions, (v) your violation of the rights of any third party, and (vi) if you are a Donor, the provision by or on behalf of you of any material goods.


22. Governing Law and Jurisdiction
    All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
    
    If Section 23 on binding arbitration is not applicable or is otherwise found to be invalid or unenforceable with respect to a given Claim (as defined below), then any and all proceedings to resolve such Claim shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Sergeant and County of Woodbury. To the fullest extent permitted by law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding anything herein to the contrary, we retain the right to bring any suit, action, or proceeding against you in any court or other appropriate tribunal located in your State or country of residence or any other relevant country.


23. Binding Arbitration
    You and Company agree to be bound by the procedures set forth below to resolve any legal suit, action, or proceeding arising out of, or related to, the Terms of Service or the Website or any services or products obtained through or using the Website, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Claim” and collectively “Claims”). Except as otherwise provided herein, You and Company agree that any and all Claims shall be finally settled by binding arbitration. The arbitration shall take place in the City of Sergeant, Iowa, and shall be administered by the American Arbitration Association (“AAA”). Any court proceedings for preliminary relief, or relief in aid of arbitration, will be brought in state or federal court located in the City of Sergeant, Iowa. You and Company agree that each of you may bring Claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The arbitrator may not consolidate or join more than one person’s claim and may not preside over any consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, or declaratory relief) only on an individual basis and may not award any form of consolidated, representative, or class-wide relief. Notwithstanding any provision in the Terms of Service to the contrary, if the class-action waiver in this Section is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Company is entitled to arbitrate the Claims. All arbitration proceedings will be conducted on a confidential basis. The parties agree that the arbitrator will have no power or authority to make awards or issue orders of any kind that are prohibited by the Terms of Service. The arbitrator’s award shall be binding on you and Company and may be entered in any court of competent jurisdiction. This agreement to arbitrate does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) or (ii) that may be brought in small-claims court.


24. Limitation on Time to File Claims
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


25. Waiver; Severability; Survival
    No waiver by Company 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 Company 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 Service will continue in full force and effect.
    
    All provisions of the Terms of Service, which by their nature should survive the expiration or termination of these Terms of Service or your Account or access to all or part of the Website, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service or your Account or access to all or part of the Website.


26. Entire Agreement
    The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. No joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms of Service or your use of the Website.


27. Notices; Comments and Concerns We may provide any notice to you under these Terms of Service by sending a message to the email address you provided in your Account or by posting such notice to the Website. Notices sent by email will be effective twelve (12) hours after the email is sent, and notices we provided by posting such notice on the Website will be effective upon posting. It is your responsibility to keep your email address up to date and check the Website for such notices. In the event that the last email address you have provided to us is not valid, or for any reason is not capable of delivering any such notice to you, our dispatch of the email containing such notice will nonetheless constitute effective notice.
    
    This website is operated by Meet the Need Siouxland, Inc., with an address of P.O. Box 837, 204 1st St., Suite 127, Sergeant Bluff, IA 51054.
    
    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
    
    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@meettheneedsiouxland.org.