AOK Commerce – Terms of Service

Last Updated: 9.13.2024

Welcome to AOK Commerce! By accessing and using our website, services, and content, you agree to comply with and be bound by these Terms of Service (the "Terms"). Please read these Terms carefully, as they govern your relationship with AOK Commerce, including your use of our commerce services, community platform, and media content.

1. Overview

Acts Of Kindness (“AOK Commerce,” "AOK," "we," "us," or "our") is an e-commerce and community growth organization dedicated to creating positive change. We sell products on multiple platforms, host live auction-style events, and promote acts of kindness across communities. Additionally, our platform hopes to inspire others in their journey to make the world a better place and we aspire to highlight inspiring stories from individuals making the world a better place.

2. Acceptance of Terms

By using our website or purchasing products through our platform, you confirm that you have read, understood, and agree to abide by these Terms. If you do not agree with any part of these Terms, you should not use our services.

3. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will take effect upon being posted on this page. Your continued use of our services following any such changes signifies your acceptance of the updated Terms.

4. Commerce Services

We operate an e-commerce platform that sells various products. When you purchase a product, you agree to:

• Provide accurate, current, and complete information at checkout.

• Follow all applicable laws regarding the purchase and shipment of goods.

Shipping & Returns:

• Shipping: Orders processed through third-party platforms such as but not limited to WhatNot, eBay, and District will follow the shipping policies established by those platforms. Please review the specific shipping terms on each platform’s site for details regarding delivery times, tracking, and shipping fees.

• Returns: All return requests, including refunds or exchanges, are subject to the policies of the platform where the purchase was made. For any platform-specific return instructions, please refer to WhatNot's, eBay’s, or District’s return guidelines on their respective websites. AOK is not responsible for handling returns outside of the procedures set by these platforms.

Product Liability: AOK Commerce strives to ensure all products meet safety standards. However, you acknowledge that the use of any products is at your own risk.

5. Acts of Kindness and Community Initiatives

As part of our mission, we actively engage in community and “kindness” initiatives. We welcome direct contributions to help us support charitable organizations and perform Acts of Kindness in communities. Additionally, a portion of the profits earned from product sales goes toward these efforts. By purchasing through AOK or making a contribution, you are supporting our initiatives. Please note that contributions are not tax-deductible. For more details on how these contributions work, please visit our FAQ section.

Contributions Policy: Contributions made through AOK are voluntary, non-refundable, and are not tax-deductible. Contributions are used to support AOK’s community and charitable initiatives, as described in our FAQ. AOK reserves the right to allocate contributions as needed to fulfill its mission of community engagement and kindness.

6. User Accounts

To use certain features or capabilities of our website or third-party platforms we are affiliated with (e.g., making a purchase, signing up for newsletters), you may be required to create an account. You are responsible for safeguarding your account credentials and are liable for any activity conducted under your account.

7. Content and Intellectual Property

All content on our website, including text, graphics, logos, and audio content is owned or licensed by AOK. You may not reproduce, distribute, or modify any content without prior written permission from us. The "Acts of Kindness" name, logo, and associated media are trademarks of AOK.

8. Privacy

We respect your privacy and handle your personal data in accordance with our Privacy Policy, which can be accessed through our site. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

9. Limitation of Liability

To the fullest extent permitted by law, AOK shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services, products, or website. This includes but is not limited to any loss or damage caused by:

• Interruptions in service.

• Errors, viruses, or bugs in the website.

• The use or inability to use any product purchased through our platform.

10. Dispute Resolution

IIn the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the website, or any products or services purchased through AOK (collectively, "Disputes"), the parties agree to resolve the Dispute through mandatory binding arbitration as the sole and exclusive remedy, under the following conditions:

Arbitration: Any Dispute that cannot be resolved by negotiation shall be resolved exclusively through binding arbitration, administered by the American Arbitration Association (AAA), conducted in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Arkansas or a location determined by AOK, unless both parties agree otherwise.

Costs and Fees: You (the user) agree to bear the full cost of any arbitration proceedings, including but not limited to administrative fees, arbitrator fees, and any other expenses related to the arbitration process. AOK shall not be responsible for any arbitration costs, legal fees, or related expenses incurred by the user.

Class Action Waiver: All Disputes must be pursued on an individual basis only. You waive any right to participate in any class action lawsuit, class arbitration, or other collective legal action involving multiple parties. Any such actions are expressly prohibited.

Limited Discovery: To expedite the process, discovery shall be limited to exchanging relevant documents, and each party shall be limited to taking one deposition unless otherwise permitted by the arbitrator.

Binding and Final Decision: The arbitrator's decision shall be final, binding, and non-appealable. Judgment on the award may be entered into any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any Dispute regarding the interpretation, applicability, enforceability, or formation of this section, including any claim that all or part of this Dispute Resolution section is invalid or unenforceable.

Small Claims Court: Either party retains the right to bring a claim in small claims court, provided the claim meets the requirements for such court, and the Dispute remains solely within the jurisdiction of that court.

Confidentiality: All aspects of the arbitration process, including the proceedings, decisions, and any settlements, shall remain strictly confidential unless disclosure is required by law.

Governing Law: This Dispute Resolution section and any arbitration proceeding shall be governed by and construed under the laws of the state of Arkansas, without regard to its conflict of laws principles.

By agreeing to these Terms, you waive any right to pursue claims against AOK in any court, except as provided in the small claims court exception above. You further acknowledge that you are responsible for all costs associated with any Dispute.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Arkansas, without regard to its conflict of law principles.

12. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Email: info@exploreaok.com

Thank you for supporting AOK Commerce and helping us create a more compassionate world.