Terms & Conditions

Last Modified: 4/2023
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1. Acceptance of the Terms of Use
These terms of use are entered into by and between You and Hyfe and its affiliated entities and brands (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), preside over your access to and utilization of any content, functionality, and services offered on or through websites or webpages linking to these Terms of Use (the “Website”), whether as a guest, donor, or a registered user.
Please read these Terms of Use thoroughly before you begin to utilize the Website. By utilizing the Website, you accept and agree to be bound and comply by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you are not in accordance with these Terms of Use, you must not access or utilize the Website.
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION WITH REGARD TO YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT THOROUGHLY. THESE TERMS OF USE REQUIRE YOU TO GIVE UP RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
The Website is offered and available to individuals who are 21 years of age or older and reside in the United States or any of its territories or possessions. By utilizing the Website, you represent and claim that you meet the foregoing eligibility conditions. If you do not meet these conditions, you must not access or utilize the Website.
2. Changes to the Terms of Use
We may revise and update these Terms of Use in our sole discretion. All changes are effective immediately when posted and apply to all access to and utilization of the Website thereafter. Your continued utilization of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are informed of any changes, as they are binding on you.
3. Accessing the Website and Account Security
We reserve the right to remove or make changes to the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. Periodically, we may restrict access to some parts of the Website, or the entire Website.
To make donations or access some resources, you may be asked to provide certain registration details or other information. It is a requirement of your use of the Website that all information you provide is correct, current, and complete. You concur that all information you provide to register with 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 username, password, or any other information as part of our security policies, you must treat such information as confidential, and you must not disclose it to any other individual or entity. You also agree not to provide any other person with access to the Website or portions of it utilizing your username, password, or other security information. You agree to notify us at once of any unauthorized access to or utilization of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer or network.
We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, 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 Use.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website.
5. Trademarks
The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. 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.
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 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.
7. Reliance on Information Posted
The information presented on or through the Website 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.
8. Changes to the Website
We may update the content on the Website periodically, 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.
9. Information About You and Your Visits to the Website
All information we collect on the 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.
10. Terms of Donation 
All donations through our Website or information formed through the Website, or resulting from visits made by you, are governed by this Terms of Donation section. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference. BY MAKING A DONATION THROUGH THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF DONATION.
10.1.          Request Acceptance and Cancellation. You agree that your request is an offer to donate for, under these terms, all gifts and services listed in your request. All requests must be accepted by us or we will not be obligated to gift any items or services to you. We may choose not to accept any requests in our sole discretion. After having received your request, we will send you a confirmation message via email or text with your request number and details of the gifts you have requested. Acceptance of your request and the formation of the donation agreement between us and you will not take place unless and until you have received your request confirmation message. You have the option to cancel your request at any time before we have sent your request confirmation message by calling or texting our Support team.
10.2          a. Donation amounts posted on the Website are subject to change without notice. The donation amount suggested for an item or service will be the amount in effect at the time the request is placed and will be sent out in your request confirmation message.
b. Terms of donation are within our sole discretion and, unless otherwise agreed by us in writing, donation must be agreed upon by us before our acceptance of a request.
10.3.       Delivery; Title and Risk of Loss. You may be able to select whether to pick up gifts at a disclosed location or have gifts delivered to you. Please check the individual gift page for specific delivery options. Title and risk of loss pass to you upon our transfer of the gifts to you. Anything we provide or gift is given “as is,” and there is no guarantee that what we gift will exactly match your request.
10.4.       Returns and Refunds. WE OFFER NO REFUNDS ON GIFTS DESIGNATED AS DEAL ITEMS.
a. All donations are final with the exception of malfunctioning gifts or incorrect gift delivery. For malfunctioning gifts, we have a [72]-hour exchange policy. If you received a malfunctioning gift or an incorrect gift delivery, please reach out to our Support team by calling or texting the number provided at the top of the Website.
b. Except for any gifts designated on the Website as deal items, we will accept a return of the gifts for an exchange for another gift at the same suggested donation amount, less the original delivery fees, provided such exchange is made within [30] days of delivery. To return gifts, you must contact us at [(202) 820-2328] for details on returning or exchanging your gift. You are responsible for all delivery fees on returned gifts.
10.5.       Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, WE MAKE NO GUARANTEE WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY GUARANTEE OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Text messaging 
This section applies to users of Company’s [text messaging program]. To participate in the program, users must be 21 years of age or older. Users are giving consent to receive text (SMS) messages, using automated dialing technology for marketing and informational purposes, at the telephone number provided by the user. The program may not be accessible from all mobile providers or compatible with all mobile devices.
Participants in the program will receive marketing messages or informational messages related to Company transactions on behalf of Company, from our SMS service provider. While Company does not charge for sending SMS messages, message and data charges from your mobile provider may apply. 
To unsubscribe from the [text messaging program], reply to any message with “STOP”. 
12. Geographic Restrictions
The owner of the Website is based in the United States. We provide the 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.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE 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 ANY GOODS OR SERVICE YOU MAKE DONATIONS FOR THROUGH THE WEBSITE OR 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.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless the 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 your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
15. Class Action Waiver
In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER DONORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
BY USING THE WEBSITE OR PARTICIPATING IN COMPANY’S MOBILE ALERT PROGRAM, YOU AGREE TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 
16. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
17. Entire Agreement
The Terms of Use, our Privacy Policy, and any documents they expressly incorporate by reference 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.
18. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to our Support team.