Terms and Conditions
Last Modified: November 26, 2018
The website provided by I’m With Them, a California Non-Profit Corporation (“the Company” or “we”), provides a platform which enables the Company to achieve its mission to reduce sexual misconduct by connecting victims of sexual misconduct by a common perpetrator and empowering them to take coordinated action.
IF YOU RESIDE OUTSIDE THE EUROPEAN ECONOMIC AREA AND/OR ARE NOT SUBJECT TO THE PROTECTIONS OF THE EU GENERAL DATA PROTECTION REGULATION 2016/679 (“GDPR”), THEN YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE WEBSITE OR RELATED SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR RELATED SERVICES.
If You accept or agree to this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to this Agreement and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. The Company reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. By continuing to access or use the Company’s website or related services after we have posted a modification on the website or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the website and any related services pursuant to the terms of the Agreement. Other than as required by law and these terms, you may also request to have any personally identifying data the Company may have obtained deleted by contacting the Company or, if you are a registered user, signing in, visiting the My Profile page under your menu, and selecting “Delete My Profile.”
2. DATA PRIVACY
The Company requires payment in advance during the registration process. Failure to pay the amount during the registration process will limit your ability to use the Company’s website. You waive all rights to challenge or seek to charge-back any billings. Nothing stated herein shall limit rights granted to a cardholder by Visa, MasterCard and/or its issuing bank.
SHOULD YOU FAIL TO PAY, THE COMPANY MAY UNILATERALLY DECIDE TO IMPOSE REASONABLE FEES ON YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO, THE COST OF COLLECTIONS OR OTHER LEGAL ACTIONS.
4. FRAUDULENT USE OF ACCOUNT
You must promptly inform the Company of any and all of the following: loss or theft of the credit card used in relation to this program; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security with the account, such as loss, theft or unauthorized disclosure or use of an ID or password.
The Company may suspend or cancel use of the Company’s website at any time, with or without notice. The Company reserves the right, at its sole discretion, to modify, discontinue or terminate the website or any related services any time and without prior notice.
6. OWNERSHIP OF INTELLECTUAL PROPERTY
The Company retains all right, title and interest in and to its trademarks, service marks, trade names, service names, logos and copyrights, as well as its content and technology worldwide (“Intellectual Property”). By entering into this Agreement, You acknowledge that such Intellectual Property is the exclusive property of the Company and that all usage of such Intellectual Property and any goodwill established by the use of such Intellectual Property shall inure to the benefit of the Company and that this Agreement does not confer any goodwill or other interests in such Intellectual Property to you.
7. INDEMNIFICATION OBLIGATIONS
You agree to indemnify and hold the Company and its officers, directors, agents, affiliates, licensors and employees harmless from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs, whether based on active negligence, passive negligence or gross negligence (including without limitation all attorneys’ fees and costs of every kind, including expert fees and not limited to statutory costs) arising out of or relating to (i) Your use of and participation with the Company’s website and related services, (ii) any claim of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with the Company’s websites or any related content you provide (iii) any breach by you of any duty imposed by these terms and conditions (iv) any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from Company’s website caused or in any way contributed to by you.
8. YOUR RIGHTS AND RESPONSIBILITIES
You may submit material by registering and logging in to your account. The Company reserves the right to reject or remove any information you provide at its sole discretion. You represent and warrant that: (i) the information you provide is correct to the best of your knowledge; (ii) Your data are and will be free of any worm, virus, or other device that could impair or injure any person or entity; (iii) You are generally familiar with the laws and regulations governing the Internet and You will comply with all applicable laws and regulations.
9. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT THE USE OF THE COMPANY’S WEBSITE AND ITS RELATED SERVICES IS AT YOUR OWN RISK. THE COMPANY’S WEBSITE IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ANY INFORMATION, SERVICES, OR PRODUCTS.
THE TOTAL LIABILITY OF THE COMPANY, ITS PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGES WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO REGISTER. IN NO EVENT WILL THE COMPANY, PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Any dispute arising out of or related to this Agreement shall be resolved by arbitration before a single arbitrator. Arbitration shall be conducted in accordance with California Code of Civil Procedure section 1280 et. seq. All arbitration-related hearings shall be conducted in Los Angeles, CA before ADR Services, Inc. The arbitrator shall be from the Southern California area and the arbitrator will be selected by the mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected in accordance with the then in effect rules of ADR Services, Inc. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney’s fees and costs as well of the costs of the arbitrator. If a party files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney’s fees and costs related to the motion or petition.
11. CHOICE OF LAW
This Agreement will be governed by and construed in accordance with the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. The parties consent to arbitration exclusively in Los Angeles, California for all actions arising out of or related to this Agreement. The parties hereby agree to waive their right to a jury trial.
12. ASSIGNMENT; CHANGE OF CONTROL
You shall not assign any of your rights or obligations under this Agreement, in whole or in part, without the Company’s written consent. The Company may at any time assign, in whole or in part, its rights or obligations under this Agreement without the consent of and without prior notification to You.
The Company reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If the Company modifies this Agreement we will post the modification on our website. By continuing to access or use the website after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the website, and any related services pursuant to the terms of this Agreement.
Any notice or other communication to be given hereunder will be in writing and will be (as elected by the party giving such notice): (i) personally delivered; or (ii) sent by prepaid overnight delivery services such as FedEx or USPS Express Mail, with delivery confirmation and/or return receipt; a courtesy copy shall also be sent by email or facsimile. Unless otherwise provided herein, all notices will be deemed to have been duly given on the date of receipt (or if delivery is refused, the date of such refusal) if delivered personally. Either party may change its address for purposes hereof on not less than three (3) business days prior notice to the other party.
15. FORCE MAJEURE
Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages and governmental restrictions.
16. SEVERABILITY AND WAIVER
If any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect. Failure of either Party to require strict performance by the other party of any provision shall not affect the Party’s right to require strict performance thereafter. Waiver by either Party of a breach of any provision shall not waive either the provision itself or any subsequent breach.
17. ENTIRE AGREEMENT
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and terminating all previous communications, representations or Agreements, whether written or oral between the parties relating to the services provided hereunder.
18. INDEPENDENT CONTRACTORS
The parties are independent contractors and not co-venturers. Neither party shall be deemed to be an employee, agent, or legal representative of the other party hereto for any purpose and neither party hereto shall have any right, power or authority to create any obligation or responsibility on behalf of the other party hereto nor shall this be deemed an exclusive or fiduciary relationship. This Agreement will not be construed to create or imply any partnership, agency or joint venture.