Kindness Worldwide End User License Agreement

4.1. Agreements and Policies.

Your use of the App is subject at all times to the terms and conditions of this Agreement and the Terms of Service and Privacy Policy, as well as any other applicable policies, terms and conditions set forth on any ROK Website (collectively, the “Rules”). In the event of a conflict between the terms and conditions of this Agreement and any other terms and conditions of the Rules, the terms and conditions of this Agreement shall control with regard to your access, download and use of the App.

4.2. Eligibility.

You must have an Account with ROK in order to use the App. The ROK Account registration procedure is fully described in the Terms of Service.

4.3. App.

4.4. Third Party Conduct.

As a service provider, ROK cannot control the content and topics you may be exposed to while interacting with other users through the App or online. ROK does not control Communications (as defined in the Terms of Service) and will not be liable for Communications, as further discussed in the Terms of Service.

4.5. Scheduled and Unscheduled Service Interruptions.

ROK reserves the right to interrupt, modify (including, without limitation, adding or removing servers), suspend, cancel or terminate the App with or without prior notice for any reason or no reason. You agree that neither ROK (nor its licensors, licensees and/or service providers, if applicable) will be liable for any interruption, delay and/or failure of the App to perform, and you understand that you shall not be entitled to any compensation for interruption to your use of the App or any failure of the App to perform.

9.1. Termination by ROK.

We may terminate this Agreement and/or your access to your Account and/or the App and/or suspend your access to your Account and/or the App, in each case immediately and without notice if:

If we suspend access to your Account and/or the App under these circumstances, you will lose such access for the duration of the suspension, or permanently in the event that your account is terminated. If your Account and/or access to the App is suspended or terminated for a violation of Section 9.1.4 or for some other violation of the Rules not involving unlawful activity, ROK may in its sole discretion offer to reinstate your Account and access to the App.

9.2. Termination by You.

You may terminate this Agreement and/or your Account at any time in accordance with the termination section of the Terms of Service.

9.3. Survival.

Sections 2, 3, 7, 9.3, 10, 11, 12, 13 and 14 shall survive any termination of this Agreement. For the avoidance of doubt, you agree that ROK has the right to continue to use your Submissions pursuant to the Terms of Service after the termination of this Agreement.

13.1. Generally.

This Section 13 governs any dispute, claim, or controversy arising out of or relating to this Agreement and any aspect of the relationship between you and ROK (each, a “Dispute”), including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Agreement, whether such Dispute arose before, on, or subsequent to you entering into the Agreement, and if not resolved through the Notice of Dispute procedure outlined below. You and we agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Section 13, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

In the event of a Dispute, you and ROK each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of Dispute to info@rokindness.org. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. If the Dispute remains unresolved 30 days after the Notice of Dispute is received and not before, you or ROK may commence an arbitration proceeding in accordance with this Agreement.

All communications, whether oral, written or electronic, exchanged as part of the parties’ efforts to resolve the Notice of Dispute shall be treated as confidential, except to the extent the parties otherwise agree in writing, or except as may be necessary in connection with a court application in accordance with the above provisions of this Section 13, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in this Section 13, (a) the Federal Arbitration Act applies to and governs the enforceability of this Section 13, and (b) all communications, whether oral, written or electronic, in negotiations shall also be treated as compromise and settlement negotiations under the applicable law.

13.2. Mandatory Individual Arbitration & Class Action/Jury Waiver.

If the parties are unable to resolve any Dispute informally, you and ROK each agree that the DISPUTE WILL BE RESOLVED THROUGH FINAL AND BINDING, INDIVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“Arbitration”) INSTEAD OF IN A COURT.

You and ROK further agree that the parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. If the foregoing class action and jury trial waiver is found to be unenforceable, then the entirety of this Section 13 shall be null and void, and you and ROK shall be deemed not to have agreed to arbitrate Disputes.

Notwithstanding the foregoing, you and ROK each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation and/or other misuse of intellectual property rights other than patent rights; to prevent the misappropriation and/or other misuse of trade secret and proprietary information; and/or to enforce an Arbitration award.

An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written, final decision and provide a statement of reasons if requested by either party.

The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and any supplementary rules and fee schedules then in effect (the “Rules”), as amended by the Agreement. The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer%20Rules.pdf. Payment of all filing and administration fees will be governed by the Rules. For information on how to commence an arbitration proceeding, you can contact AAA at www.adr.org.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or ROK that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. Except as provided otherwise in this Agreement, the arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement. Unless otherwise prohibited by law, the arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

This Section 13 shall survive any termination of this Agreement.

13.3. Opt-Out Procedures.

You can choose to reject this Section 13 by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to this Agreement by mail at 2159 White St Suite 3, PO Box 142, York, PA 17404 or by email at info@rokindness.org. If mailed, the Opt-Out Notice must be postmarked no later than thirty (30) days following the date you first agree to this Agreement. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of this Section 13, all other parts of this Agreement will continue to apply to you, unless you and ROK agree otherwise. Opting out of this Section 13 has no effect on any previous, other, or future arbitration agreements that you may have with ROK.

13.4. Mass Arbitration.

In the event that twenty (20) or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for Arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of AAA Mass Arbitration Supplementary Rules available at https://www.adr.org/rules-forms-and-fees/mass-arbitration/, as modified by this Section 13. AAA shall: (a) administer the arbitration demands in twenty (20) batches, with the discretion to create additional or fewer batches if AAA finds that such change is necessary to facilitate the efficient resolution of demands; and (b) apply a single initial filing fee and administrative fee per batch for each side as set forth in AAA’s Consumer Mass Arbitration and Mediation Fee Schedule. To the extent AAA administers the arbitration and applies this batching protocol, the parties agree that the arbitrator shall award a single award per batch. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. ROK reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then this Section 13 shall be deemed null and void in its entirety, and you and ROK shall be deemed not to have agreed to arbitrate Disputes.

13.5. Changes to Arbitration Agreement.

Notwithstanding anything to the contrary in this Agreement, if we change any of the terms of this Section 13 after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” above, or by not accessing or using the App. The written notice must be provided either by mail at 2159 White St Suite 3, PO Box 142, York, PA 17404 or by email at info@rokindness.org. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Section 13. By rejecting any change, you agree that you will arbitrate any Dispute between you and ROK in accordance with this Section 13 as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

14.1. California Complaint Assistance.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding the App or any ROK Website, please feel free to contact us by phone (717-220-3778) or by writing to us at info@rokindness.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

14.2. Assignment.

You may not assign or transfer any of your rights or obligations under the Agreement. ROK may assign or transfer any and/or all of its rights and/or obligations under the Agreement without restriction.

14.3. Sweepstakes and Contests.

ROK may provide end users with the opportunity to participate in various sweepstakes and contests. In order to participate, you must meet the eligibility requirements and comply with all of the posted rules. You may be required to provide a tax identification number and to sign an affidavit and release in order to collect a prize. ROK may report the value of the prize to federal and state taxing authorities, and you will be responsible for paying any taxes due to such authorities.

14.4. Export Controls.

ROK operates from Pennsylvania and California, in the United States of America. While the ROK Websites may be accessed online, ROK makes no representation that they will be available or appropriate for use outside of the United States. The App is subject to United States export controls. The App may not be downloaded, accessed, or exported into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14.5. Severability.

Each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but except as provided in Section 10, if any provision of the Agreement, or a portion thereof, is held to be prohibited by or invalid under applicable law, such provision or portion shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.

14.6. Waiver.

Any failure of ROK to enforce or exercise any right or power under the Agreement shall not be construed as a waiver of, or a bar to, the exercise of such right or power on any other occasion.

14.7. Miscellaneous.

The Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) through any ROK Website, by email, or by regular mail, at our sole and absolute discretion. Without limitation, you agree that a printed version of the Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in the Agreement, express or implied, is intended to or will confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.