The content available via our iOS and Android mobile apps, and at app.watchduty.org, is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Last Modified: August 1, 2023
Please read these Terms carefully before you start to use the Platform. By downloading or using the Platform, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. You also acknowledge that you have read and understood our Privacy Notice. If you do not agree to these Terms, or understand our Privacy Notice, do not download, access, or use the Platform (and if already downloaded, delete the Platform form your mobile device) or any Charity services, but please get in touch with us so we can try to help.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 26(THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER IN SECTION 27(THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS PROVIDED, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms remain in full force and effect while you use the Platform or have the Platform downloaded on your mobile device. All provisions of these Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform is intended only for access and use by individuals at least eighteen (18) years old. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with us. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.
The Platform is a downloadable mobile application, which can also be accessed via a web browser, that helps citizens and first responders recognize and track danger from extreme weather events as a means of attempting to keep everyone informed and safe. The Platform includes influence from skilled radio operators, firefighters, and citizen information officers who provide up-to-the-minute information to users of the Platform. The Platform may also include information and content pulled from public channels, including but not limited to, police and fire scanners, satellite data, fixed and aerial photography. When the Platform includes information and content pulled from public channels, the Charity will endeavor to ensure that the appropriate credit is given to the owner of the information and content as it appears on the Platform.
The Platform contains interactive features that allow users to submit, post, display, provide, or otherwise make content available to other users or other persons, including the general public, (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. User Contributions posted to the Platform undergo the Charity’s human-powered moderation process and if approved, are then published and displayed on the Platform.
You retain your rights, including ownership rights, to any User Contribution you post (or that is subsequently posted on the Platform); however, any User Contributions you submit and that are subsequently published or displayed on the Platform will be considered non-confidential and non-proprietary. You understand that certain portions of the Platform may allow other users to view, edit, share, and otherwise interact with your User Contributions. By providing or sharing User Contributions through the Platform, you agree to allow others to view, edit, share, and interact with your User Contributions. We have the right (but not the obligation) in our sole discretion to remove any User Contributions that is shared via the Platform. By posting any User Contribution on the Platform, you hereby grant, and you represent and warrant that you have all rights necessary to grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable (through multiple tiers), royalty-free license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Contributions and your name, voice, and/or likeness as contained in your User Contributions, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in any manner and for any purpose. You also hereby grant each user of the Platform a non-exclusive license to access your User Contributions through the Platform, and to use, reproduce, distribute, display and perform such User Contributions as permitted through the functionality of the Platform and under these Terms.
This license authorizes the Charity to make your User Contributions available to other companies, organizations, or individuals for the broadcast, publication, distribution, or promotion of such User Contributions on other media and services, including news publications and television outlets. This license further allows such other media and services to make your User Contributions otherwise available in a similar fashion without first obtaining consent from you to do so. Any additional uses shall be made without additional compensation paid to you with respect to such User Contributions and you agree that your ability to use the Platform is sufficient compensation for the User Contributions and the grant of rights herein.
If your User Contributions are used consistently with the license referenced in the previous paragraphs, you shall still retain your rights in the User Contributions.
You represent and warrant that:
You shall be solely responsible for your User Contributions and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Platform, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Contributions. You understand and agree that you may be exposed to User Contributions that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any User Contributions.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Platform that is subsequently published or posted to the Platform.
If you are a user of the Platform associated with a media or media service, including but not limited to a news publication or television outlet, that wishes to utilize another user’s User Contributions, you are granted permission to do so only to the extent provided in these Terms, however, you must always provide credit of such User Contribution by crediting the Charity and the Platform with the use of the Charity Marks (as defined below). If you are using a User Contribution, make sure the User Contribution is real, exists on the Platform, and that you have not altered the User Contribution. You are prohibited from pulling aspects of the User Contribution out of context or using it in a manner that is editorialized or discriminates based on the content.
The Charity reserves the right to cancel, modify, or change this policy with respect to User Contributions at any time and in its absolute and sole discretion. You may use the Charity Marks solely for the purpose outlined in these Terms. You further represent and warrant:
Any violation will automatically result in a termination of any permission granted related to your use of the Charity Marks and the User Contributions, and you shall immediately remove all Charity Marks and User Contributions and any reference to the Charity Marks and User Contributions from any platform, website, or media that you have previously used the Charity Marks and the User Contributions.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users (including registered users) or to the general public.
You are responsible for:
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
You do not need an account to access or use the Platform, however, if you wish to submit a User Contribution, you will be asked to create an account and provide us with your email address (outside of the User Contribution, this is the only information we will collect from you). You may still access and use the Platform without creating an account and if you decline to provide your email address. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.
If you create an account, you are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the username or other identifier associated with your account is crude or inappropriate or you have violated any provision of these Terms.
We may, without prior notice, change or update the Platform and its content from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Certain aspects of our Platform may be provided for free, while certain other aspects of our Platform or products available on our website may be provided for a fee or other charge. For users that purchase a membership to use our Platform, fees are specified through your online account — and must be paid in advance. Payment obligations are non-cancelable once incurred subject to your cancellation rights in these Terms. Except as expressly stated in these Terms, fees paid are non-refundable. For clarity, in the event you downgrade any subscriptions or other recurring fees, you will remain responsible for any unpaid fees under the paid plan, and the Platform under the paid plan will be deemed fully performed and delivered upon expiration of the initial subscription period.
To use the paid membership portion of the Platform, you must provide one or more current, valid accepted payment cards, as may be updated from time to time and which may include payment through your account with a third party (such method, a “Payment Method”). By providing a Payment Method, you agree that we or our Payment Processor (defined below) are authorized to periodically charge the applicable fees in addition to any applicable taxes and service fees on a recurring basis until you cancel your subscription or other such recurring fees. The fees for the Platform and any other charges you may incur in connection with your use of the Platform, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on your account. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Platform. Fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a date not contained in a given month. We may authorize your Payment Method in anticipation of service-related charges through various methods, including authorizing it up to one month of service as soon as you register.
We use a third-party payment processor (“Payment Processor”), currently Recurly, Inc. to process payments you make in connection with the Services. We or our Payment Processor will attempt to verify the Payment Method you provide, and may do so by processing an authorization hold, which is standard practice. Please see Payment Processor’s privacy statement available on its website for information on how Payment Processor collects and uses personal information. Payment must be received by Payment Processor before our acceptance of an order, and must use one of the payment methods accepted by the Payment Processor. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. You acknowledge and agree that we are not responsible for any breaches of credit card or other Payment Method security or privacy.
You represent and warrant that: (i) the account, order, and Payment Method information you supply to us or Payment Processor, as applicable, is true, correct, and complete; (ii) you are duly authorized to use such Payment Method; (iii) you will pay any charges that you incur in connection with the Services, including any applicable taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any; (vi) you will not allow anyone else to use your subscription; (vii) you will not transfer your subscription or password to anyone else; and (viii) you will report to us any unauthorized or prohibited access or use of your subscription or password.
If any of your account, order, or Payment Method information changes, you agree to promptly update this information, so that we or Payment Processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other Payment Method by a third-party in connection with your use of the Services or your subscription.
If you download the Charity’s mobile application, you agree and understand that the mobile application and all related products and software (collectively, the “Application”) are licensed, not sold, to you for use only under these Terms. You do not acquire any ownership interest in the Application under these Terms, and the Charity reserves all rights not expressly granted to you.
This license granted to you for the Application by the Charity is limited to a non-transferable license to download and use the Application on any device that you own or control and as permitted by these Terms and any other terms that may apply when you download the Application. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, translate, adapt, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of the Charity and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Charity that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
This license is in addition to any license terms required by Apple, Google, or any other source from which you may download the Application, and all are binding on you. In the event that this license conflicts with other license terms, these Terms control.
The following applies to any Services acquired from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this agreement is solely between you and us, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) we, and not Google, are solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to our Google-Sourced Software.
The Platform currently is free to all users. The Charity does not currently collect a fee for a user’s access and use of the Platform, however, the Charity does offer the opportunity for users to make donations through the Platform via Apply Pay or credit card payment processing. To be clear, you are able to access and use the Platform at all times (subject to availability and these Terms) without paying or donating any amounts. If you wish to make a voluntary donation via check, wire, or ACH payment, please contact email@example.com. If you complete a donation, your payment may be processed by and be subject to the processing terms of a third party the Charity uses to process such payment, such as those applicable to Apple Pay, which can be found here. The Terms will be updated to provide you with the applicable terms for any such additional credit card/payment processor.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively “Feedback”), you agree your disclosure is gratuitous, unsolicited and without restriction and will not play the Charity under any fiduciary duty or other obligation, we will own such Feedback and that we are free to use the Feedback without any additional compensation to you, and/or you disclose the Feedback on a non-confidential basis or otherwise to anyone. To the extent that we have your name, likeness, or voice, (your “Likeness”) you grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit your Likeness in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide your Likeness on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Charity, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platform for your personal, non-commercial use only, subject to the following restrictions:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Charity. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Charity name and logo, and all related names, logos, product and service names, designs, and slogans (collectively, the “Charity Marks”) are the property of the Charity or its affiliates or licensors. Except as expressly provided in these Terms, you must not use such marks without the prior written permission of the Charity. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our copyright agent as set forth below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
The above information must be submitted to our copyright agent using the following contact information:
Sherwood Forestry Service, Inc.
Address: 422 Larkfield Center #423 Santa Rosa, CA 95403
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
Additionally, you agree not to:
If the Platform provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Platform. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE CHARITY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Charity, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Charity. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform or share your User Contributions through any third-party website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Contributions submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
The Platform is controlled and operated from the United States and is subject to its laws. no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CHARITY NOR ANY PERSON ASSOCIATED WITH THE CHARITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE CHARITY NOR ANYONE ASSOCIATED WITH THE CHARITY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.
THE CHARITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE CHARITY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE CHARITY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE CHARITY FOR THE APPLICATION OR APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Charity, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Contributions or any content that is submitted by you, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Platform with your unique username, password or other appropriate security code
All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of our Platform, including receipt of any advertising, marketing, or other communications from us; (iii) any transactions through, by, or using our Platform; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or Sonoma, California, unless you and we agree otherwise. If you are an individual using our Platform for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR PLATFORM FOR PERSONAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Charity without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver by the Charity of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Charity to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and the Charity with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
The Platform is operated by Sherwood Forestry Service, Inc.
All Feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: firstname.lastname@example.org