This is an informational website (the “Site”) associated with Kiva Microfunds, a California non-profit benefit corporation, and its various subsidiaries (collectively, “Kiva”).  These Terms and Conditions (“Terms”) are an agreement between you and Kiva, and govern your use of the Site and all information on it, as well as all information you submit to Kiva through the Site.

1. No Investment Advice or Recommendations. The content on this Site describes Kiva’s philanthropic programs and partnerships for informational and educational purposes only. Nothing contained in the Site constitutes a solicitation, recommendation, endorsement, or offer by Kiva to invest in any securities or other financial instruments.  You alone assume the sole responsibility of evaluating the merits and risks associated with participating or investing in any Kiva program.

2. Giving to Kiva. Kiva Microfunds is a non-profit public benefit corporation qualified as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Funds you donate to Kiva’s operations are eligible for tax deductibility in the United States. You acknowledge, however, that lending through Kiva’s websites or making other types of contributions to or investments in or through Kiva do not constitute charitable donations, and therefore are not eligible for tax deductions. You also understand that Kiva has not and will not provide any tax or legal advice to you, and you are solely responsible for determining the proper tax treatment for any contribution you make to Kiva. Please consult with your own accountants, tax advisors and legal advisors.

While Kiva welcomes donations and other contributions, Kiva reserves the right to decline to accept potential gifts in its sole discretion.

3. Proprietary Rights in Content on the Site.“Kiva,” the “Kiva” logo and other Kiva graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Kiva (collectively, “Kiva Marks”). Kiva Marks may not be used, including, without limitation, as part of trademarks or domain names, or in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kiva. Kiva or its licensors own and retain all proprietary rights in this Site and Kiva’s other websites and programs, and all content, material and information posted, uploaded, transmitted or otherwise shared thereon (collectively, “Content”). The Content contains the copyrighted material, trademarks and other proprietary information of Kiva and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Kiva.

If you submit, transmit or otherwise share any Feedback (as defined below) with Kiva, you hereby grant to Kiva an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the Feedback; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the Feedback; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Kiva from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the Feedback, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.

“Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes, ideas (including patentable ideas), and other information that you provide to Kiva, whether provided directly through the Site or otherwise.

4. Third Party Content and Websites.The Site contains links to other websites (“Third Party Sites”). Such Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Kiva, and Kiva is not responsible for any Third Party Sites accessed through the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third Party Sites. If you leave the Site and access a Third Party Site, you do so at your own risk and you should be aware that the Terms no longer govern.

5. Disclaimers; Limitation of Liability. Kiva is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Site or any liability, cost or expense you may incur in connection with the Site or any of Kiva’s programs. Under no circumstances will Kiva be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Site or participation in any Kiva program.  Kiva does not represent, warrant, covenant, guarantee or promise any specific results from use of the Site or any Kiva program.

THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND PARTICIPATION IN KIVA’S PROGRAMS, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.

6. Governing Law; Resolution of Disputes; Arbitration; Waivers. These Terms are governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Kiva, including, without limitation, any dispute arising from or relating to the Site or a Kiva program described on the Site, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Francisco if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Kiva is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Kiva. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Kiva may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration and Kiva may seek any injunctive relief in a state or federal court in San Francisco, California, or another court of competent jurisdiction, at any time against any violations of Section 3 (Proprietary Rights) of these Terms.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND KIVA HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THESE TERMS OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.

You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.

7. Indemnity. You agree to indemnify and hold Kiva harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Site or arising from your breach of these Terms.

8. Entire Agreement; Severability; Assignment. These Terms, accepted upon your access and use of the Site, contain the entire agreement between you and Kiva regarding your use of this Site. These Terms will remain in full force and effect while you access or use the Site.  Your participation in any of Kiva’s programs described in this Site is subject to additional terms, conditions, and agreements, and in the event of any irreconcilable conflict between these Terms and those separate agreements, the provisions of those agreements shall govern with respect to such conflict.  These Terms may not be orally amended.  If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.  These Terms will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns.  Kiva has the right to delegate, assign and otherwise transfer any or all of its rights and duties under these Terms.  Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms.  All rights not expressly granted herein are hereby reserved.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Please contact us at partnerships@kiva.org with any questions regarding these Terms, or to request a written copy of these Terms.