Boat Donation New York

Please read these Donation Terms and Conditions ("Terms") carefully as they govern your use of the Kars4Kids website and any donation through the website. By accessing, using, or proceeding with your donation through the website, you agree to follow and be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING YOUR AGREEMENT TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO BRING A CLASS ACTION, DO NOT USE THE WEBSITE OR PROCEED WITH YOUR DONATION.

By submitting your donation, you as the donor confirm that:

• All information provided about the vehicle (make, model, year, mileage, condition) is accurate and complete.
• The donor is the legal owner of the vehicle or has authority to donate on the owner's behalf, and any liens or encumbrances have been fully disclosed to the organization.
• The donor will transfer the title and ownership to the organization upon acceptance, signing any necessary documents to complete the process.
• The organization may reassign, sell, or otherwise dispose of the vehicle at its discretion to support its charitable programs. The vehicle is accepted "as is" with no warranties, guarantees, or value representations.
• This agreement is governed by New Jersey law, except that the Federal Arbitration Act governs the parties’ arbitration agreement. BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL AND CLASS OR COLLECTIVE ACTION, AND ANY DISPUTES WILL BE SETTLED INDIVIDUALLY THROUGH BINDING ARBITRATION, AS FURTHER DETAILED BELOW.
• By donating the vehicle, the donor acknowledges they have read, understood, and agreed to these terms and conditions.

DISPUTE RESOLUTION: PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO MAINTAIN A COURT ACTION, AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Notice of Dispute: If you or Kars4Kids have any dispute of any kind with the other, both parties agree to attempt to resolve the dispute informally by providing a detailed written notice with name, telephone number, mailing address and email address of the party providing notice, and a statement summarizing the dispute, including the legal claims asserted, the factual basis for the claims, and a description of the remedy sought. The parties agree to make a good faith attempt to resolve the noticed dispute for a period of sixty (60) days. The statute of limitations for any claim will be tolled during this informal dispute resolution process. It is a material breach of this agreement to initiate an arbitration without first completing this informal notice and dispute resolution process.

Arbitration Agreement: If the parties are unable to resolve their dispute informally, the parties agree that all disputes, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, arising out of or relating to your use of the website or any donation through Kars4Kids, will be resolved only by final and binding individual arbitration in the county where you reside or in New Jersey. The sole exception to this arbitration agreement is for an action initiated and remaining in small claims court. You understand that this means you waive your right to a jury trial and waive any right to bring or participate in a class or collective action or make any claim on a representative basis. You understand that there is no jury, limited discovery, and limited appellate review in arbitration. Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) pursuant to the applicable JAMS rules, including the JAMS Streamlined Arbitration Rules & Procedures or the JAMS Policy on Consumer Arbitrations and the associated Minimum Standards to the extent they apply, or as modified by these Terms. The arbitration will be conducted by a single arbitrator and will take place telephonically unless an in-person hearing is requested by either party. The JAMS Rules, fee information, and instructions to initiate arbitration are available on the JAMS website at https://www.jamsadr.com/.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator may, however, award the same individual relief and damages as a court, including injunctive, declaratory, and statutory relief, and is required to adhere to the provisions of these Terms. An arbitrator may not, however, order representative relief or relief that would benefit anyone other than the individual arbitrating party. Each party shall be responsible for its own attorneys’ fees and costs in arbitration, unless otherwise authorized or required by law or the JAMS Rules. A party shall also be entitled to recover its attorneys’ fees and costs in the event the arbitrator determines that a claim made against it was frivolous or brought for an improper purpose or in bad faith. Notwithstanding anything to the contrary, Kars4Kids will pay all fees and costs that it is required by law to pay.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE PARTIES AGREE NOT TO, AND EXPRESSLY WAIVE ANY RIGHT TO, FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. NO ARBITRATION MAY BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES INVOLVED.