This Agreement supersedes any previous Agreement to which you and Akhuwat may have been bound. This Agreement may be modified by Akhuwat in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Akhuwat on the Website. Your participation in the Program and use of the Website will be subject to any such modifications. You should regularly review the Website and this Agreement for any modifications.
This Agreement will be binding on, to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. 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.
"Akhuwat" is service mark of Akhuwat. Akhuwat or its licensors own and retain all proprietary rights in the Program, the Website and all material and information posted thereon ("Content"). You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express, written permission of Akhuwat. In addition, to the extent you receive information from Akhuwat, or the Borrower with respect to any Loan delinquency or default of a particular Borrower, you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower has opted to have his or her identity withheld on the Website.
If you post any messages or other information on the Website, you agree that such messages and information shall be considered Content, and you agree to grant, and shall be deemed to have automatically granted to Akhuwat an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, such information and content; 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.
To the extent you upload or post any photographs of yourself on the Website, you agree that such materials shall be considered Content for the purposes of the foregoing paragraph, and you agree to release, discharge and agree to hold harmless Akhuwat 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 such materials, including any claims of infringement of any rights of publicity or rights of privacy.
You acknowledge, consent and agree that Akhuwat may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Akhuwat, its users, or the public.
Although Akhuwat assumes no obligation to monitor the conduct of any User off the Website, it is a violation of this Agreement to use the Website or any information obtained from the Website in order to harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or joining lending teams in bad faith), or in order to contact, advertise to, solicit, or sell to any User, Borrower or other Person without their prior explicit consent. In order to protect such persons from such advertising or solicitation, Akhuwat reserves the right to remove content from the Website that violates acceptable use in Akhuwat's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Akhuwat deems appropriate, in Akhuwat's sole and absolute discretion.
You understand that any and all decisions made by you with respect to the Program are yours alone. Akhuwat cannot and does not verify the accuracy of information from Users. Akhuwat shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program or website; or (b) any damages, costs, losses or expenses a User incurs as a result of directly of making a donation to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program or from use of the website. In addition, in no event will Akhuwat be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Akhuwat has been advised of the possibility of such damages, costs, losses or expenses.
