This Agreement is between you and The Center to Promote Health Care Access, DBA “One Degree” (referred to below as “One Degree,” “we,” and “us”) concerning your use of the website located at http://1degree.org from which you are accessing this Agreement (together with any successor site(s), the “Site”).
PLEASE NOTE THAT MUCH OF THE CONTENT OF THE SITE IS MADE AVAILABLE BY THIRD PARTIES, SUCH AS THE PROVIDERS OF THE COMMUNITY, NON-PROFIT, AND SOCIAL SERVICES (“SERVICE PROVIDERS”) ABOUT WHICH THE SITE PROVIDES INFORMATION. THE COMPANY ENTITIES (AS DEFINED IN SECTION 1 BELOW) ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH CONTENT. PLEASE SEE SECTIONS 11 AND 14 BELOW FOR MORE DETAIL.
1. Acceptance of Terms. By accessing or using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we may post on the Site. We may make changes to this Agreement (and to any such additional rules and guidelines) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. When using any Services (as defined below in Section 2), you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and Company arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue all or part of the Site, with or without notice; charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all Site users. You agree that neither we nor any of our directors, officers, employees, agents, affiliates, licensors, suppliers and service providers (collectively with Company, the “Company Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Services (as defined below in Section 2), content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. Description of Services. We provide users of the Site with access to certain content and services related to providing access to information regarding community, non-profit, and social services, and related Service Providers which may include, without limitation: (a) services such as Profiles (as defined below in Section 6), Forums (as defined below in Section 6), purchasing functionality, registration functionality, Promotions (as defined below in Section 13), RSS feeds of news, tools, weather, photos, video, blogs, reviews, ratings and links to third party websites; and (b) content such as audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other similar content (such content and services, collectively, the “Services”).
4. Rules of Conduct. While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set forth in this Section 4; your failure to comply with any such rule may result in termination of your access to or use of the Site (or any part thereof) pursuant to Section 21 on Termination below. You agree that you will not:
5. Registration; User Names and Passwords. You may need to register to use all or part of the Site. You represent and warrant that all information submitted in connection with such registration is complete and accurate. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions or Donations, as defined below in Section 10). You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. Profiles and Forums. We and/or our Service Providers may make available through the Site certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a “Forum”). Further, you may post certain information and materials on your “profile page” (your “Profile”). Information contained in Profiles and Forums may be provided by employees of Company as well as by third-party visitors to the Site. Please note that Site visitors may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. Company Entities neither endorse nor are responsible for any opinion, advice, information or statements made in the Profiles or Forums by third parties. Without limitation, the Company Entities are not responsible for any information or materials made available through the Profiles or Forums (including errors or omissions in Profile or Forum postings or links or images embedded in Profile or Forum postings) or results obtained by using any such information or materials. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of the Company Entities.
In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information voluntarily made public through a Profile, Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
7. For each Submission, you represent and warrant that your Submissions are complete and accurate, and are not fraudulent, tortious or in violation of any applicable laws, rules, or regulations, or of the rights of any third parties. You also represent and warrant that, for each Submission, you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
8. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, the Company Entities and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
9. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.
10. Transactions and Donations. We may make available products and services for purchase through the Site, and we may use third-parties to enable e-commerce functionality on the Site. If you wish to purchase any product or service made available by us through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
12. Links to or From Other Sites. The Site may provide links to or feeds from other websites and online resources. Other websites may provide links to the Site with or without our authorization. Except as otherwise expressly stated by us on the Site, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the Site. Company expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the Site. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the Site, because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH RESOURCES.
Company shall have the right, at any time and at its sole discretion, to block links to the Site through technological or other means without prior notice.
14. DISCLAIMERS; LIMITATION OF LIABILITY. THE SITE AND ANY GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY CONTENT, THIRD PARTY APPLICATIONS, AND THIRD PARTY GOODS, SERVICES, INFORMATION AND MATERIALS, SUCH AS (BUT NOT LIMITED TO) CONTENT PROVIDED BY SERVICE PROVIDERS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE COMPANY ENTITIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY CONTENT, THIRD PARTY APPLICATIONS, AND THIRD PARTY GOODS, SERVICES, INFORMATION AND MATERIALS, SUCH AS (BUT NOT LIMITED TO) CONTENT PROVIDED BY SERVICE PROVIDERS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. NONE OF THE COMPANY ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE EQUAL TO THE GREATER OF TEN U.S. DOLLARS ($1000.00) OR THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO COMPANY IN EXCHANGE SOLELY TO ACCESS AND USE THE SITE.
It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Please note that information on this Site may occasionally be inaccurate, incomplete or out of date. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alteration to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location of such material(s). We make no representation as to the completeness, accuracy or currency of any information on this Site.
15. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Company Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
16. Governing Law; Arbitration. This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY OR ANY ASPECT OF THE RELATIONSHIP BETWEEN US, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY YOUR USE OF THE SITE, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms and conditions of this Agreement. The Supplementary Procedures are available online at https://www.adr.org/sites/default/files/Consumer-Related%20Disputes%20Supplementary%20Procedures%20Sep%2015%2C%202005.pdf. Unless you request that hearings be conducted in person, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances shall be held in San Francisco County, California State, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the terms and conditions of this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
17. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org.
18. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (https://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed at such site.
19. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to 1951 Webster Street, 2nd Floor, Oakland, CA 94612. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Termination. This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Site, your user name and password and/or any files or information associated with your user name, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including if you repeatedly engage in copyright infringement via or in connection with the Site). Upon any such termination, your right to use the Site will immediately cease. You agree that the Company Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 6-9, 11, 13-16, 19-23 shall survive any expiration or termination of this Agreement.
21. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof. The term “including” as used herein means “including without limitation.” This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter, but expressly excluding any such written or oral agreements relating to investment or financial transactions with Company or any of the Company Entities, such as partnership agreements, subscription agreements and advisory agreements. To the extent of any irreconcilable conflict between the terms of such agreements relating to investment or financial transactions and the terms of this Agreement, the terms of such agreements relating to investment or financial transactions will govern. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company’s discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any of Company’s obligations due to causes beyond its control.
22. Jurisdictional Issues. The Site is controlled and/or operated from the United States, and is not intended to subject Company to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
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LAST UPDATED: December 7, 2022
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