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Terms of service

Kindness Worldwide Terms of Service

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1. ACCEPTANCE.

Kindness Worldwide, Inc. (“ROK,” “we,” “us,” and “our”) thanks you and is grateful for your interest in accessing and using our websites located at https://www.rokindness.org/, https://www.rokindness.com/, https://www.rokkindness.org/,https://www.rokkindness.com/ and www.kindnessworldwide.org, including, without limitation, the forums, chat rooms, accounts, apps, APIs, materials, information and/or products and services available thereon or otherwise provided by ROK (collectively, the “ROK Websites”).

Your use of the ROK Websites is governed by these Terms of Service (the “ROK Terms of Service”), the Privacy Policy located at https://www.rokindness.org/privacy (the “ROK Privacy Policy”) and the End User License Agreement located at https://www.rokindness.org/eula (the “ROK End User License Agreement”). Please carefully read the ROK Terms of Service, ROK Privacy Policy and ROK End User License Agreement. By accessing and/or using the ROK Websites, you agree to be bound by all of the terms and conditions of the ROK Terms of Service, ROK Privacy Policy and applicable ROK End User License Agreement. If you do not agree to all of the terms and conditions of the ROK Terms of Service, ROK Privacy Policy and applicable ROK End User License Agreement, you may not access and/or use the ROK Websites. The ROK Privacy Policy and ROK End User License Agreement are incorporated here by reference.

IMPORTANT NOTICE: PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING ANY DISPUTE (AS DEFINED BELOW IN SECTION 18) BETWEEN YOU AND ROK, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

You must be at least eighteen (18) years of age to access and/or use the ROK Websites. By accessing and/or using the ROK Websites, you affirm that you are at least eighteen (18) years of age or have reached the age of majority under the applicable laws of the place where you reside. If you are not of legal age to enter into the ROK Terms of Service, ROK Privacy Policy and ROK End User License Agreement then you may not access and/or use the ROK Websites and/or any part thereof.

The ROK Terms of Service, ROK Privacy Policy and ROK End User License Agreement are applicable only to the ROK Websites, and do not apply to any other websites or products, including, without limitation, any website or product of any parent or affiliate of ROK.

ROK reserves the right to modify the ROK Terms of Service, ROK Privacy Policy and/or ROK End User License Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through the ROK Websites. You can determine when the ROK Terms of Service, ROK Privacy Policy and/or ROK End User License Agreement was/were last revised by referring to the “Last Updated” legend at the top of the applicable agreement. Your continued use of the ROK Websites following our making available any revised version of the applicable agreement(s) will mean that you accept that/those revised version(s) thereof. If you do not agree to any changes made to the ROK Terms of Service, ROK Privacy Policy and/or ROK End User License Agreement, you may not access or use the ROK Websites. We may, at any time, modify, suspend and/or discontinue all or part the ROK Websites; charge, modify or waive fees required to use the ROK Websites; or offer opportunities to some or all users of the ROK Websites.

2. PRIVACY

ROK’s collection, use and disclosure of end user information are subject to the ROK Privacy Policy which explains, among other things, how ROK collects, uses and stores your personal information. Your submission of information through or in connection with the ROK Websites is governed by the ROK Privacy Policy.

3. ACCOUNTS GENERALLY

Before you can access the ROK Websites, you will be required to create an account. To create an account you must be at least eighteen (18) years old. When creating an account you will be required to, among other things, (a) select a username and password and (b) provide your email address and state of residence. You may not use (and we may refuse to grant you) any username that (i) already is being used by another person, (ii) may be construed as impersonating another person, (iii) violates the intellectual property or other rights of any person, (iv) is offensive or (v) ROK rejects for any other reason its sole and absolute discretion. You are responsible for maintaining the confidentiality of your username and password and for all interactions with the ROK Websites that occur in connection with and/or through your account. You represent and warrant that any information you provide in connection with your access to and use of the ROK Websites (including, without limitation, any videos and/or other information that you upload to the ROK Websites regarding your random opportunities for kindness) is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THE ROK WEBSITES, YOU DO SO AT YOUR OWN RISK. You may not sell, transfer, or allow others to access and/or use your account. Please notify us immediately if you are aware of any unauthorized access to and/or use of your account. It is important that you remember your username and password, and that you provide answers to security questions for your account. If you forget your username or password and have not provided us with any answers to security questions, you may not be able to access and use your account. For security reasons, please do not use your real name as your username, password, or forum handle. We reserve the right in our sole and absolute discretion to suspend and/or terminate your account and restrict your access to the ROK Websites if you do not comply with the ROK Terms of Service, ROK Privacy Policy, ROK End User License Agreement and/or any other terms and conditions that may apply to your access to and/or use of the ROK Websites. In the event that your account has been suspended, ROK may request that you provide further verification of your identity, for example, by responding to an email or a text message, before your account may be reactivated. ROK is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You can access, edit and update your account information anytime by clicking on the “Account Management” button at the top of the home page of the ROK Websites. You acknowledge and agree that you (and not we) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the ROK Websites, and for paying all charges related thereto.

4. CHILDREN UNDER THE AGE OF EIGHTEEN (18)

The ROK Websites are general audience websites and are not directed to persons under the age of eighteen (18). We do not knowingly collect via the ROK Websites personally identifiable information from persons under the age of eighteen (18).

5. RULES OF CONDUCT

While using the ROK Websites, you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the ROK Websites is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.

While using the ROK Websites, you agree not to:

  • Violate the rules of conduct posted on the ROK Websites.
  • Post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
  • Impersonate or misrepresent your affiliation with ROK, our affiliates, our service providers, our licensors and/or any other person, company and/or group.
  • Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.
  • Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a ROK communication feature;
  • Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
  • Do anything that might interfere with or adversely affect the ROK Websites.
  • Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
  • Modify any part of the ROK Websites.
  • Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using the ROK Websites.
  • Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which the ROK Websites are operated.
  • Exploit any bug in the ROK Websites and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of the ROK Websites. Additionally, you agree to promptly report any such bugs to ROK.
  • Post, link to, or transmit any kind of unsolicited advertising , promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
  • Disclose your or any other person's personal information.
  • Interfere with, degrade, harm or disrupt the operation of the ROK Websites, or the servers or networks used to make such websites available, or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the ROK Websites (including, without limitation, by hacking, cracking or defacing any portion of them).
  • Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, the ROK Websites, or any portion thereof.
  • Use the ROK Websites in connection with any commercial activity without ROK’s prior written consent.

Additionally, you also agree to the following.

  • You only will record videos about acts of kindness that you actually did. Made-up acts and reposts aren't kindness, they're noise — they dilute the ROK Websites for everyone.
  • If your act involves another person, and/or their photo, name, image, likeness, story and/or other information and/or attribute, you agree to obtain their signed written permission before posting your video.
  • You agree not to include the personal information of any other person on and/or in connection with the ROK Websites.
  • You agree to use the ROK Websites to help others and not to optimize points.

6. COMMUNICATIONS

ROK provides many ways for you to communicate through the ROK Websites, which may include video uploads, forum posts, voice chats, email messages and text messages. All communications that you post or send through the ROK Websites (“Communications”) must comply with our Rules of Conduct (see Section 5 above). If you believe another end user has violated the Rules of Conduct, please contact a ROK customer service representative.

All of your Communications on the ROK Websites will pass through and be stored on our servers. You should therefore consider all Communications to be public with no expectation of privacy or confidentiality. ROK reserves the right, but undertakes no obligation, to monitor, filter, modify, block and/or remove content that does not comply with these ROK Terms of Service. Please keep in mind, however, that we cannot control or monitor every Communication between and/or among our end users. You therefore may be exposed to messages or other content created or conveyed by other end users that you find objectionable. You are also responsible for anything you say, print, or otherwise communicate to others through the ROK Websites. ROK, as an online service provider, is not responsible for the content (including, without limitation, the accuracy, integrity and/or quality) of your Communications and is not liable for any harm that you or others may cause by communicating through the ROK Websites. If you have questions about the content of any Communication or any filtering, modifying, blocking or removal thereof, you may email us at inquiries@rokindness.org and we’ll use commercially reasonable efforts to reply to you within a reasonable timeframe.

7. SUBMISSIONS

By posting, transmitting or otherwise submitting any Communication or other message, photograph, artwork, video asset, audio asset, audiovisual asset, or other content, information and/or materials (each, a “Submission”) through the ROK Websites, you hereby grant ROK a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of ROK) any and all Submissions, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without providing any compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by ROK of the Submissions violates any of your rights, including, but not limited, to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

Please do not post any Submission of you conducting your random opportunity for kindness; instead, please post Submissions of you describing the random opportunity of kindness in which you were involved. Please do not include any personal information about other people in your Submission. Additionally, you represent and warrant that all information that you include in each of your Submissions is true, accurate and complete, and that you will update and correct such information as needed, such that the information remains true, accurate and complete.

For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this Section 7, and that such Submission, and your provision thereof to and through the ROK Websites complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory as well as any and all other claims that any use of the Submissions by or on behalf of ROK violates any of your other or third party rights, including, but not limited to, privacy, publicity, proprietary, intellectual property and/or other rights (e.g., you have the right to use any photos or music that may be included in your Submission). For purposes of clarity, you retain all other intellectual property rights that you may have in your Submissions, subject to the license and rights granted in this Section 7.

You acknowledge and agree that, subject to the ROK Privacy Policy, we reserve the right (but have no obligation) to do any or all of the following, at our sole and absolute discretion: (a) monitor Submissions and all other use thereof; (b) monitor the use of the ROK Websites; (c) alter, remove, or refuse to post or allow to be posted any Submission(s); and/or (d) disclose any Submission(s) (and the circumstances surrounding their transmission) and any information regarding your use of the ROK Websites to any third party (including the user of the ROK Websites) in order to (i) operate the ROK Websites, (ii) protect ROK, our affiliates, our service providers and licensors, and ours and theirs shareholders, directors, officers, employees, agents, representatives and end users, (iii) comply with legal obligations or governmental requests, (iv) enforce the ROK Terms Of Service, or (v) engage in any other business activity. ROK will also have the right, subject to the ROK Privacy Policy, to extract, compile, synthesize, analyze, use and disclose any Submission(s) (by itself or together with data and information of others) for the purpose of operating the ROK Websites, improving, enhancing and modifying our services and products, providing customized services or technologies to you, developing new services or products, and/or any other lawful business purpose without further disclosure or accounting to you.

8. removing submissions

8.1. TAKE IT DOWN Act Notice – Nonconsensual Sexually Explicit Content

The U.S. TAKE IT DOWN Act gives you, or someone you authorized to act on your behalf, with the ability to request removal of any sexually explicit image or video of you, including images that are digitally altered or AI-generated (referred to as “deepfakes”), that was shared on a platform without your consent.

To submit a request under the Take it Down Act pertaining to images or videos in Submissions posted on the ROK Websites, please send the following information to us at TIDARequest@rokindness.org:

  • Your name;
  • Whether the image depicts you or someone on whose behalf you are acting; if the latter, please provide that person’s name and the capacity in which you are acting on their behalf. For example, are you the person’s parent, adult child, or friend on whose behalf you have been authorized to make the take down request;
  • Information that would allow us to identify the Submission that includes the image or video, such as the date the Submission was posted and the user name of the person posting. Never send pictures of the actual image;
  • A brief statement that you have a good faith belief that the posting of the Submission was non-consensual; and
  • An email address where we can contact you.

Upon receiving such a request, we will endeavor to remove the Submission and any copies from the ROK Websites as soon as possible, but no later than 48 hours after receipt of a request.

8.2. Other Requests

We will also consider the removal of other Submissions upon request. For example, you might ask us to remove a Submission if it includes an image of you or your child that was posted without consent or if you would like a Submission including a video of you removed even though you earlier provided consent. You can submit such requests to us at TIDARequest@rokindness.org. When making a request, please provide the following information:

  • Your name and email address;
  • A statement that the person whose image is in the Submission is you or your child (as a parent or guardian); and
  • Information that would allow us to identify Submission, such as the date of the post and the user name of the person posting. Please do not send pictures of the actual image.

We reserve the right to remove any Submissions at our sole and absolute discretion, subject to our obligations under applicable law.

9. PROPRIETARY RIGHTS AND LICENSE

ROK and its licensors own all right, title and interest in and to the ROK Websites. ROK and its licensors are the sole and exclusive owner of all intellectual property rights, including, without limitation, all copyrights, trademarks, patent rights, trade secret rights, know-how, and other rights (“Intellectual Property”) in the ROK Websites. The ROK Websites are subject to copyright and trademark protections.

All trademarks and service marks displayed on the ROK Websites not owned by us are the property of their respective owners. Except as expressly set forth in these ROK Terms of Service, you may not use our trade names, trademarks or service marks. Additionally, you shall not, under any circumstances, use our trade names, trademarks or service marks in connection with any product or service that is not our product or service, or in any manner that is likely to cause confusion.

10. RESTRICTIONS ON USE

You are solely responsible for any violation of any applicable laws that results from your failure to abide by the ROK Terms of Use and/or ROK End User License Agreement.

11. END USER FEEDBACK

We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, “End User Feedback”) to help improve the ROK Websites. We may also ask for End User Feedback during the “beta” phase of the ROK Websites (or any new feature for the ROK Websites) to identify and fix bugs and other problems. You also may voluntarily provide End User Feedback to us through forums, email, social media sites and/or other means. By providing End User Feedback to ROK, whether solicited by ROK or not, you hereby grant ROK a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of ROK) any and all End User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by ROK of the End User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

12. CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and request that our end users do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials in the ROK Websites infringe your copyrighted work, please send a notice to our copyright agent (identified below) with the following information requesting that such materials be removed or access to it blocked: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works incorporated in the ROK Websites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ROK to locate the material on the ROK Websites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ROK a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:

Kevin Smith
2159 White St Suite 3, PO Box 142
York, PA 17404

Among other things, ROK reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.

13. INTERNET ACCESS REQUIRED

You need a computer with Internet access to access the ROK Websites. All costs and fees associated with equipment and related software are your responsibility.

14. LINKS TO OR FROM OTHER SITES

The ROK Websites may provide links to or feeds from websites and other online resources. Except as otherwise expressly stated by us in any of the ROK Websites, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the ROK Websites. We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the ROK Websites. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the ROK Websites because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

15. CUSTOMER SERVICE

ROK has an online self-help knowledge base that is accessible online to all end users at https://www.rokindness.org.

16. DISCLAIMERS, LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE ROK WEBSITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE ROK WEBSITES ARE AT YOUR SOLE RISK. ROK DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE ROK WEBSITES, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ROK MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE ROK WEBSITES, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. ROK HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE ROK WEBSITES.

IN NO EVENT WILL ROK AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ROK ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE ROK WEBSITES. NONE OF THE ROK ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE ROK ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY ROK ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE ROK WEBSITES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ANY ROK ENTITY(IES) WITH RESPECT TO THE USE OF THE ROK WEBSITES ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

17. INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless the ROK Entities from and against any and all liability, losses, damages, and expenses including, without limitation, attorneys’ fees and costs, incurred in connection with or in any way relating to any claim arising out of any breach by you of the ROK Terms of Service and/or ROK end user license agreement and/or your use of the ROK Websites. You also agree to release and discharge the ROK Entities from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use the ROK Websites.

IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO THE ROK WEBSITES, OR TO ENJOIN OR OTHERWISE INTERFERE WITH ROK’S DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, DISTRIBUTION OR EXPLOITATION OF THE ROK WEBSITES, OR ANY RIGHTS ASSIGNED, TRANSFERRED, LICENSED OR RESERVED TO ROK UNDER THE ROK TERMS OF SERVICE.

18. GOVERNING LAW; JURISDICTION

The validity, construction, interpretation and legal effect of this ROK Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of California and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California and the United States of America. Subject to the below provisions of Section 19, if any Dispute is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the state or federal courts of competent jurisdiction in Los Angeles County, California, and you and ROK each agree to submit and consent to the personal jurisdiction of, and venue in, such courts.

19. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

19.1. Generally.

This Section 19 governs any dispute, claim, or controversy arising out of or relating to these Terms of Service 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 Terms of Service, whether such Dispute arose before, on, or subsequent to you entering these Terms of Service, 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 19, 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 these Terms of Service are 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 these Terms of Service.

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 Section 19, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 19, (i) the Federal Arbitration Act applies to and governs the enforceability of this Section 19, and (ii) all communications, whether oral, written or electronic, in negotiations shall also be treated as compromise and settlement negotiations under the applicable law.

19.2. 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 19 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 these Terms of Service. 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 these Terms of Service and will be final and binding. Except as provided otherwise in these Terms of Service, the arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Service. 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 19 shall survive any termination of these Terms of Service.

19.3. Opt-Out Procedures.

You can choose to reject this Section 19 by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms of Service 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 30 days following the date you first agree to these Terms of Service. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of this Section 19, all other parts of these Terms of Service will continue to apply to you, unless you and ROK agree otherwise. Opting out of this Section 19 has no effect on any previous, other, or future arbitration agreements that you may have with ROK.

19.4. 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 19. AAA shall: (i) 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 (ii) 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 19 shall be deemed null and void in its entirety, and you and ROK shall be deemed not to have agreed to arbitrate Disputes.

19.5. Changes to Arbitration Agreement.

Notwithstanding anything to the contrary in these Terms of Service, if we change any of the terms of this Section 19 after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” above, or by not accessing or using the website. 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 19. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ROK in accordance with this Section 19 as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

20. GENERAL TERMS

20.1. 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 ROK Websites, 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.

20.2. Termination.

Your only remedy with respect to any dissatisfaction with the ROK Websites is to terminate your account. ROK reserves the right to suspend, restrict or terminate your access to or use of the ROK Websites, at any time and for any reason, in its sole and absolute discretion. Upon any such termination, your right to use the ROK Websites will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the ROK Websites may be effected without prior notice and that we may immediately deactivate or delete any username and/or password used by or provided to you, and all access to your accounts. You agree that we will not be liable to you or any third party for any suspension, restriction or termination of your access to the ROK Websites). All licenses that you grant under the ROK Terms of Services along with the terms and conditions of the following Sections shall survive the expiration or earlier termination of the ROK Terms of Service: Sections 7, 8, 11, 16, 18, 19 and 20.

20.3. Assignment.

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

20.4. Sweepstakes and Contests.

ROK may provide end users 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.

20.5. Export Controls.

ROK operates from Pennsylvania and California, in the United States of America. While most of 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. Our software is subject to United States export controls. None of our software may 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 our software, 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.

20.6. Severability.

Each provision of the ROK Terms of Service shall be interpreted in such manner as to be effective and valid under applicable law, but except as provided in Section 19, if any provision of the ROK Terms of Service, 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 these Terms of Service.

20.7. Waiver.

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

20.8. Miscellaneous.

The ROK Terms of Service 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 ROK Terms of Service, 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 the ROK Websites, by email, or by regular mail, at our sole and absolute discretion. Without limitation, you agree that a printed version of the ROK Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the ROK Terms of Service 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 ROK Terms of Service, 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.

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