Terms & Conditions
(Last Updated 12 July, 2014)
- This Agreement may be modified by Hiba 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 Hiba on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Hiba account, if any, as outlined in Section 9 below, and please immediately stop participating in the Program and accessing and using the Website.
- This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Hiba has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this 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.
- This Agreement is divided into the following sections:
- Participation in the Program
- Proprietary Rights
- Acceptable Use
- Limitation of Liability
- Disputes with other Field Partners, Strivers
- Governing Law; Resolution of Disputes; Arbitration and Waivers
- Term; Termination
- Entire Agreement; Severability
1. Participation in the Program
Hiba manages the Website, which matches you and other persons (each, a "Supporter" and, collectively, "Supporters") with under-banked or low-income Strivers in various countries (each, a "Striver" and, collectively, "Strivers") in need of affordable capital. In most instances, these Strivers are considered "high risk" by traditional Lenders for a variety of factors, including, but not limited to, the Strivers' lack of credit history, the use of the fund proceeds for entrepreneurial endeavors including investment in a "start-up" business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section entitled "Risk and Due Diligence" which highlights the various risks associated with lending online through Hiba and explains in greater detail the role played by Hiba and the Field Partners (defined below in this Section 1).
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) Hiba makes no representation, warranty, covenant or guarantee that any funds you lend to a Striver via the Website will be repaid in whole or in part, (b) funds and other similar transactions made via the Website (each, a "Fund") are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Funds made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.
1.1. Fund Disbursement. You understand that Funds are not made directly to Strivers and that Hiba identifies existing domestic and international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in underbanked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital to underbanked or low-income strivers. Fund requests are posted in cooperation with such Field Partners and are, before being listed on Hiba, converted to US Dollar amounts as necessary and then rounded up to the nearest US Dollar, to help streamline the Fund transaction process. Funds funded by you, the Supporter, will be delivered to Field Partners for ultimate disbursement to the Striver(s) you have selected. In certain cases, Strivers may receive goods and services funded by Funds Transaction, such as agricultural packages, from Field Partners, instead of the monetary amount of the Fund. In the event that a Striver has not received sufficient funding and can no longer be listed (because they chose to no longer participate or the Field Partner provides an alternative source of funding), Hiba will offer you the opportunity to allocate the credit to another Striver, to donate to Hiba’s general operating expenses or seek a full or partial refund. Hiba serves as an intermediary in the process and aggregates funds from multiple Supporters via the Website and delivers 100% of these funds on a net billing basis to the Field Partner(s) for disbursement to the Strivers selected by Supporters for funding on the Website. Please note that many Field Partners require mandatory savings as part of their transaction process to serve as collateral, which savings may help ensure that Strivers are able to accumulate cash and represent a good risk. Whilst mandatory savings (and fees) are not netted in the initial transfer by Field Partners, these are obtained during the repayment process.
The process of disbursement to a Striver in a particular country, however, may vary from the standard disbursement structure just described. Currency and other national or local regulations may require a different philanthropic funding structure in some countries. In such cases, instead of Fund funds being forwarded directly to the corresponding Field Partner, Hiba may, for example, have to transact with other intermediaries, such as the Field Partner's U.S.-based affiliates or other third parties licensed in the particular country to transact in foreign currencies, to structure a different indirect funding process to enable a Striver to ultimately be supported by a Fund from you. Notwithstanding, Hiba will only transact with Field Partners and in such circumstances where full Sharia compliance is ensured.
Field Partners are solely responsible for screening and selecting each Striver (including, without limitation, posting requests for Funds on the Website) and making all Fund disbursements, and Hiba expressly disclaims any responsibility to screen or select any Striver or any Field Partner or monitor the disbursement of Fund proceeds from the Field Partner(s) to the Striver(s). Hiba and its Field Partners shall have no liability whatsoever with respect to such screening or selection of Strivers or Field Partners and the disbursement of Fund proceeds from the Field Partner(s) to the Striver(s), and you shall hold Hiba and its Field Partners harmless from, any and all liabilities with respect to, or resulting from such screenings, selections and disbursements.
1.2 Fund Collection and Repayment. Funds are repaid directly by the Striver(s) to the Field Partner(s). As Strivers repay the Funds, the Field Partner(s) will post a record to the Website of such repayments actually received by the Field Partner(s) monthly, and it is the responsibility and obligation of the applicable Field Partner(s) to pay over such collected Fund payments to Hiba. Repayments may be made in periodic installments, depending on the terms of the applicable Fund. In some cases repayments may only be provided at the end of a fixed term, as a result of certain system and country regulatory constraints. Except as may be provided in Sections 1.6 ("Principal Loss Scenarios") and Section 1.10 ("Generosity Transactions; Promotional Products") below, any amounts actually received by Hiba from a Field Partner(s) as repayment by the applicable Striver(s) will be distributed among the Supporters on a pro rata basis in accordance with the amounts funded by such Supporters to such Striver(s). These distributions may, in Hiba's sole discretion, be made periodically or in one lump sum once 100% of all Fund proceeds for a particular Fund have been received by Hiba. Furthermore, please note that timing of distributions to Supporters of any collected repayment may vary and may be materially impacted because of circumstances that, in Hiba's judgment, require Hiba to conduct further reviews with respect to the collected repayments (by way of one example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, the Field Partner(s) are unable to collect Fund repayments directly from the Strivers or if Hiba, for any reason, is unable to collect Fund repayments directly from the Field Partner(s), repayment of your Fund amounts could be at risk of partial or total delay or non-repayment and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither the Field Partner(s) nor the Striver(s) will have direct contractual obligation or liability to pay you any principal and that Hiba is obligated to repay only such Fund principal to the extent actually received by Hiba from a Field Partner with respect to a Striver (subject to the conditions noted above). None of Hiba, its Field Partner(s) or any Striver will have any obligation to pay interest or other payment on the Fund or other fees or amounts (other than as expressly set forth above) to you or any other Supporter in connection with any Fund you make. Hiba does not charge interest on any Funds posted on the Website. Moreover, Field Partners do not charge any interest and fees to Strivers to, for example, cover their operational expenses. Field Partners only recover their operational expenses through the allowable payment arrangements from Sharia-compliant Islamic microfinance contracts. For example, they may profit through a cost-plus mark-up on a commodity sale to Strivers under the Murabaha contract. For further details on the various Islamic microfinance contracts that are used by Field Partners, please see www.hiba.org/learn.php.
1.3 Sharia compliance. Hiba operates exclusively on compliance with Sharia rules as established and enforced by its Sharia board. While there are undoubtedly differences of opinion in some areas of the practice of Islamic banking and financial institutions, Hiba subscribes solely to the position of its Sharia board. More information about the Sharia Board can be accessed www.hiba.org/about-us.php.
Hiba screens all Field Partners for their Sharia compliance which includes, but is not limited to, reviewing their Islamic microfinance contracts with Strivers, their Sharia board and internal policies. Whilst these are periodically reviewed, you hereby acknowledge and agree that neither the Field Partner(s) nor the Striver(s) will have liability for failure to comply with Sharia on specific transactions between the Field Partners(s) and the Striver(s).
1.4 Tax Deductibility. You understand that Hiba is a non-profit public benefit corporation. However, Hiba has not currently received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. Furthermore, you acknowledge that because you are making a Funding contribution and not donating any money, you are not eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution to a tax-exempt public charity. You also understand that you are solely responsible for determining the proper tax treatment for any Fund you make through the Website and the Program. Hiba has not and will not provide any tax or legal advice to you in connection with any Fund you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.
1.5. Fund Records. Records of each Fund you make (including this Agreement and any repayment history) are kept by Hiba and, if you have a registered account with Hiba and upon your written request, will be made available to you at any time throughout the term of the Fund. The amount of funds you have available in your Hiba account that you have deposited – whether from your personal funds or Striver repayments – and is freely available to be lent ("Hiba Credit") can also be accessed via your Hiba online account created upon registering at the Website.
1.6 Principal Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Fund and/or, in Hiba's sole discretion, any extension of the length of the term of your Fund in order to increase the chances that your Fund is repaid or that amounts of your Fund are repaid. Hiba will generally deem a Fund to be in default per its own discretion. The discretion is based on whether Hiba determines that collection of funds from a Field Partner for such Fund is doubtful, considered a ‘default’ by the Field Partner or a repayment on the Fund is six (6) months past the originally scheduled repayment date (for any expected repayment, including interim repayments) and Hiba considers the Fund defaulted, although case by case differences may exist based on pending prospects for repayment of the Fund and depending on country context and related system and regulatory constraints. In cases where a Fund is in default, and subject to the distribution timing provisions noted in Section 1.2 (Fund Collection and Repayment) above, each applicable Supporter will have the option to recover whatever principal has been repaid up to that point. Beyond that, no further payment instalments will be made to your account.
If for any reason less than 100% of your Fund is repaid, you agree that Hiba and its Field Partners (as well as any "related Field Partner entity" – for example, one that as part of a restructuring or otherwise, assumes control over such a Field Partner, its assets and/or its obligations) shall have no liability thereof, and you hereby release and forever hold harmless Hiba and its Field Partners and any "related Field Partner entity" for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.
1.7 Insufficient Supporter Funds. In the event that you make a Fund and your payment does not clear (e.g., an eCheck does not validly deliver to Hiba the full amount of the intended Fund, or your payment provider reverses a payment originally intended for Hiba), you agree that Hiba may, in its sole discretion, (i) offset the amount of the insufficiently funded Fund against your Hiba Credit or (ii) withdraw and cancel your insufficiently-funded Fund from your account as not paid in full.
1.8 User Account Inactivity; Instructions for Auto-Donation of Funds to Hiba or Auto-Withdrawal Return of Funds to User; Potential Escheatment of Funds. Hiba welcomes its Users' active participation in the Hiba Program. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her Hiba account or there are no credits/withdrawals made to such User's account. Therefore, Hiba may implement Website features pursuant to which you may instruct Hiba in advance as to how you wish any remaining balances in your account to be handled in the event your account were to become inactive for a period of 24 or more consecutive months -- namely, whether in such a case of User inactivity, you (i) wish to automatically donate remaining funds in your account to Hiba's general operating expenses to further Hiba's philanthropic mission or (ii) wish for Hiba to return remaining funds in your account to you via Hiba's standard account withdrawal process. In addition, in such cases of User inactivity, Hiba may elect to automatically terminate the inactive User account.
You will upon registration on the Website automatically be opted-in to instructing Hiba to auto-convert any remaining account balances as a donation to Hiba's general operating expenses to further Hiba's philanthropic mission if your account were to become inactive for a period of 24 or more consecutive months. Please note that you are free to change this pre-set option in your discretion and at any time in advance (although you understand any funds that have been auto-donated based on the then-existing preference setting shall not be revocable once the auto-donation has taken place).
In the event that your account shows no activity for an extended period of time and (i) you have not indicated an instruction to Hiba through an inactivity preference selection described above or (ii) your instructions to have remaining balances returned to you cannot be successfully completed, whether due to invalid/incomplete information, your failure to claim the funds after thirty (30) calendar days have passed from the day Hiba has forwarded the funds to you, a return of funds back to Hiba as unclaimed after Hiba has attempted to forward your funds to you, or for any other reason internal or external to Hiba, then Hiba may determine it is appropriate to forward (i.e., escheat) the balance remaining in your inactive Hiba account to forgiving any defaulting Striver determined at Hiba’s sole discretion.
1.9 Generosity Transactions; Promotional Products. Users have the option of making a donation to Hiba and/or a Fund on the Website without creating a Hiba account. Funds made using this "generosity" functionality are referred to herein as "Generosity Funds." Notwithstanding anything herein to the contrary, any Fund repayments or refunds collected with respect to a Generosity Fund will not be repaid or refunded, as applicable, to the applicable User, but (i) will instead automatically be returned to Hiba and (ii) each such incremental amount forwarded to Hiba shall be treated as a donation by the applicable User to Hiba's general operating expenses. Hiba may offer certain promotions and promotional products to Users. Any specific terms posted by Hiba with respect to such promotions and promotional products, as well as this Agreement, shall apply to all Users’ participation in the promotion and use of promotional products.
2. Proprietary Rights
"Hiba", the "Hiba" logo and other Hiba graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Hiba ("Hiba Marks"). Hiba Marks may not be used, including, without limitation, as part of trademarks or domain names, 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 Hiba. Hiba or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Hiba thereon (collectively, "Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Hiba and its licensors. You may display and make limited copies of the Content (other than the Hiba Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but 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 Hiba. In addition, to the extent you receive information from Hiba, its Field Partners or the Striver with respect to any Striver, and that information is later removed from the Website (including, without limitation, due to the Fund delinquency or default of a particular Striver or the sensitive nature of particular Striver profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Striver, if such Striver (either directly or through the corresponding Field Partner or Hiba) has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Hiba in connection with or arising from your participation in the Program, including without limitation any feedback provided to Hiba (collectively, "User Generated Content"), you agree to grant, and hereby grant to Hiba an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated 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. In addition, you agree to release, discharge and agree to hold harmless Hiba 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 User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
To file a notice of infringing material on the Website, please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to by email: info@Hiba.org
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Hiba is located and that you will accept service of process from the person who submitted a notice in compliance with Section 512 (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to Hiba's DMCA Agent based on the contact information provided above in this Section.
The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Hiba, and Hiba is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Hiba. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
3. Acceptable Use
Although Hiba assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in Supporter messages or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Fund profile, or (iii) contact, advertise to, solicit, or sell to any User, Field Partner, Striver or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Hiba reserves the right to remove content from the Website that violates acceptable use in Hiba'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 Hiba deems appropriate, in Hiba's sole and absolute discretion.
Hiba reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Hiba's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Hiba, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity.
Hiba is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Striver or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Field Partners are not liable for content created and posted on the Website. Hiba is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Hiba assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Hiba be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Hiba does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, 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 WEBSITE AND PARTICIPATION IN THE PROGRAM.
Hiba makes no representation or warranty, express or implied, with respect to any third party data provided to Hiba or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Hiba will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Hiba or "force majeure" or any other cause beyond the control of Hiba.
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Hiba cannot and does not verify the accuracy of information from Field Partners, other Users or Strivers. Hiba 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 (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Fund to a Striver or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Hiba 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 Hiba has been advised of the possibility of such damages, costs, losses or expenses.
6. Disputes with other Field Partners, Strivers
Hiba is not responsible for your interactions with any Field Partners, any other User or any Striver (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions.
Hiba reserves the right, but has no obligation, to monitor disputes between you and such persons.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Massachusetts, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Hiba, including, without limitation, any dispute arising from or relating to the Website or the Program, 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 Boston if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Hiba is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Hiba. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Massachusetts statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Hiba may seek any injunctive relief in a state or federal court in Boston, Massachusetts, as may be necessary to preserve rights pending the completion of arbitration and Hiba may seek any injunctive relief in a state or federal court in Boston, Massachusetts, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND HIBA HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT 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.
You agree to indemnify and hold Hiba 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 Website or participation in the Program or arising from your breach of this Agreement.
9. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Hiba may make features available to Users as part of the Program. Hiba reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website or any Hiba services, may be determined by Hiba in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to Hiba along with instructions for the disposition of your then-available Hiba Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Funds), such notice to be effective within three (3) days of receipt by Hiba. Hiba may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Hiba. Upon such a Hiba-initiated termination, your available Hiba Credits shall be returned to you within thirty (30) days of account termination and any Hiba Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and registered account is terminated by Hiba, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, Hiba has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Hiba regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at info@Hiba.org with any questions regarding this Agreement.