Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE.

These Terms of Use apply to any use of www.frontlineimpact.org (the “Site”) whether accessed via computer, mobile device, or other technology, manner, or means. By using this Site, you agree that you have read and understand these Terms of Use, and that you agree to these Terms of Use, which are a binding legal agreement between you and The Kind Foundation Inc. (the “Foundation”).

Disclaimers; Limitations of Liability; Exculpation

Disclaimer: Frontline Impact Project (“FIP”) was created to help respond to the many needs arising from the COVID-19 pandemic. While we try very hard to make this Site as accurate and useful as we can, we cannot guarantee nor do we take responsibility for the quality of the products or services supplied by donors on the Site. If you are a health care institution or first response organization requesting a donation, we cannot guarantee that your request for a product or service will be fulfilled. Fulfillment depends on available supply, and supply will inevitably change rapidly as the pandemic evolves and resources are distributed. If you are offering to donate a product or service via the Site, we cannot guarantee that your product or service will be used by a requester in a particular way or for a particular purpose. If your organization is offering a donation, you are solely responsible for reviewing and vetting each request you receive. The decision to fulfill a request is completely at your discretion; by offering a donation via FIP, you are not bound to fulfill requests if they don’t meet your internal criteria, vetting standards or are otherwise not a fit. Because we cannot make any guarantees regarding the donors or the products and services they provide or the requesters or the uses they will make for such products and services we recommend you (i) do your own diligence regarding the donor before your accept products and services, (ii) physically inspect products and services provided by donors before taking possession, and (iii) only provide products and services to requesters that will use such products and services for the intended purpose. Accordingly, we must make the following disclaimers:

No Warranties: The Foundation makes no representations or warranties as to the Site, the donors listed on the Site, the products or services that they supply, or the requesters who receive such products and services. THE SITE AND THE PRODUCTS OFFERED AND PROVIDED HEREON ARE PROVIDED “AS IS,” AND THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND THE INFORMATION PROVIDED ON IT AND ALL SUCH PRODUCTS AND SERVICES.

No Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL THE FOUNDATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES ARISING FROM YOUR USE OF THE SITE, ANY CONNECTION FACILIATED THROUGH THE SITE, OR THE PRODUCTS OR SERVICES PROVIDED BY DONORS LISTED ON THE SITE. BY SIMPLY PAIRING REQUESTS WITH DONATIONS, THE FOUNDATION IS NOT PLAYING ANY ROLE IN THE EXCHANGE, IMPORTATION OR DISTRIBUTION OF PRODUCTS OR SERVICES.

Indemnification: You agree to indemnify and hold harmless the Foundation from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of your use of the Site, any exchange you have that is facilitated through your use of the Site, or any use of the products or services procured from donors listed on the Site.

References To Third Party Sites

We reference certain third party sites on the Site. You acknowledge and agree that the Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through these third party sites.

Use of Data

We will use the data and information submitted by donors and requesters to help facilitate the fulfillment of donations. This may include sharing the data and information with partners of the Site as well as third parties who will vet and fulfill donation requests. In the future, we may make donor or requester information available to healthcare institutions, first response organizations, state and federal agencies, and other third parties as the Foundation deems necessary. Any donor or requester providing information through the Site hereby consents to the sharing of such information.

Submitting Information

Certain areas of the Site ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable form. It is your responsibility to maintain the currency, completeness, and accuracy of your data, and any loss caused by your failure to do so is your responsibility. If you are submitting a donation request, you will be asked to enter your name, phone number, and a valid e-mail address along with other relevant information that will allow us to understand the nature of your request and share it with donors to review and potentially fulfill. If you are submitting a donation, you will be asked to enter your name, phone number, and a valid e-mail address that will allow us to review your donation and connect you with requesters in need of the resources you have to offer.

For Donors

Donors listed on our Site hereby represent and warrant to the Foundation that all information provided to us is true and correct and agree that they will provide their products and services to requesters to the best of their ability in accordance with all applicable laws and regulations. Donors are not obligated to respond to requests they receive via FIP and fulfillment of any such requests is at the donor’s discretion. Each donor hereby provides the Foundation with an irrevocable right and license to the donor’s logo(s) and/or trademark(s) so that the Foundation may publish such logo(s) and/or trademark(s) on our Site. Each such donor hereby agrees to indemnify and hold harmless the Foundation from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of its supply of products or services to any requester referred to it through the use of the Site.

For Requesters

Those requesting resources on our Site hereby represent and warrant to the Foundation that all information provided to us is true and correct and agree that all products or services procured through use of this Site will be used for the purpose for which is agreed between requester and donor. Each such requester hereby agrees to indemnify and hold harmless the Foundation from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of its receipt of products or services procured through the use of the Site.

Arbitration

ANY DISPUTE BETWEEN YOU AND THE FOUNDATION MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. The American Arbitration Association (“AAA”) will administer the arbitration.

Prohibited Uses

You will not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site or interfere with or damage operation of the Site or its content, or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

General

These Terms of Use constitute the entire agreement between you and the Foundation and govern your use of the Site, superseding any prior agreements between you and the Foundation (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by the Foundation. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles. The failure of the Foundation to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision.