Terms of Use

Terms of Use

THESE TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE USER (“You”) AND [Extreme Weather Survivors Action Fund] (“Organization”) THAT APPLIES EACH TIME YOU REGISTER FOR, USE, OR ACCESS THIS WEBSITE AND ITS ASSOCIATED SERVICES, PLATFORMS, PORTALS, PAGES, FEATURES, AND CONTENT (collectively, the “Site”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND ITS FUNCTIONALITY. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY. 

License Grant and Restrictions

This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the Term specified herein solely for Your personal informational use in furtherance of the permitted purposes expressly identified on the Site, conditioned on Your continued compliance with all provisions of this TOU (including without limitation any external terms and documentation linked or referenced herein). 

When using the Site in accordance with the foregoing license, You shall not directly or indirectly (a) use the Site to create any service, software or documentation that performs substantially the same functionality as the Site, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site, or (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Site; or (j) probe, scan, or test the vulnerability of the Site or any systems or network infrastructure connected with the Site, including without limitation by stress testing or penetration testing.

User Obligations

You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater), and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your use of the Site. If You access the Site on behalf of any organization, You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization, and Your organization shall be bound to this TOU and be liable for any breach by You. 

The Site is not intended for use or access by any individual under the age of thirteen (13) years.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Site may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Organization’s Privacy Policy, available at [URL] (as updated from time to time), for a summary of Organization’s policies and use practices regarding personally identifiable information. 

Electronic Communications

Organization may send emails or other electronic messages to You concerning Your use of the Site, including without limitation by providing alerts or notifications within the Site. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Links to Third-Party Sites and Services

Certain services, features, or components made available via the Site are delivered by third-party providers. By using any feature, service, or functionality originating from the Site which is facilitated or operated by a third party, You hereby acknowledge and consent that Organization may share information and data that You submit or upload to the Site with the applicable third-party provider as may be required to enable and facilitate the requested third-party feature, service, or functionality, subject to Organization’s Privacy Policy.

ORGANIZATION EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT ORGANIZATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF OR ACCESS TO SUCH THIRD-PARTY MATERIALS.

Third-Party Terms and Conditions

Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Site, if applicable. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Site. You hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use. 

ORGANIZATION EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY APPLICATIONS, TOOLS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT ORGANIZATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE SITE.

Proprietary Rights

All Organization’s and/or its third-party licensors’ data, information, content, and other materials (collectively, “Organization Content”) included as part of the Site, any text, graphics, logos, and images associated with the Site, the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are each the property of Organization or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. Organization reserves all rights in the Site not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Site, including of the Organization Content, under this TOU or through Your use of the Site. Organization does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

Indemnification

You agree to indemnify, defend, and hold harmless Organization and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) Your violation of this TOU, (b) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (c) Your violation of applicable laws, rules, or regulations, and/or (d) your submission of any information, content, or material to the Site. Organization reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Organization in asserting any available defenses.

Disclaimers and Excluded Liability

ORGANIZATION DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ORGANIZATION HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ORGANIZATION DOES NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. ORGANIZATION FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES.

IN NO EVENT SHALL ORGANIZATION BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF ORGANIZATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Term, Termination, and Suspension

This TOU takes effect (or re-takes effect) at the moment You first access or use the Site and/or submit, upload, or enter information, content, or other material to the Site, as applicable, and terminates (i) automatically if You fail to comply with any provision hereof, or (ii) any time You cease to use the Site, in either case subject to the survival of certain provisions identified below. Each re-access or renewed use of the Site will reapply the TOU to You. The period of Your access of and use of the Site is collectively referred to as the “Term.” 

Organization reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others.

Upon termination or expiration of the TOU for any reason, all licenses granted by Organization hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of this TOU concerning Organization’s proprietary rights, disclaimers of warranty and liability, excluded liability, waiver and severability, indemnification rights, injunctive relief, and governing law will survive the termination of this TOU for any reason. The termination or expiration of the TOU does not excuse, remediate, or otherwise reduce or modify any liability that accrues from Your use of the Site.

Governing Law and Venue

This TOU is governed by the laws of the New York, without reference to its principles of conflict of laws. The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph. Any claim, suit, or other proceeding arising under or in connection with this TOU shall be brought exclusively before the state and federal courts sitting in New York, and You consent to the exclusive jurisdiction of such courts for the final resolution thereof.

Independent Contractors

The relationship between You and Organization under this TOU is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security and Compliance

Organization reserves the right to view, monitor, and record Your activity on the Site without notice or permission from You. Organization’s provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Organization’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Site or information provided to or gathered by Organization with respect to such use. 

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Site is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOU, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Organization of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. 

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Organization not readily quantifiable as money damages, such that Organization would not have an adequate remedy at law. You therefore agree that Organization shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Changes to Terms

Please note that Organization reserves the right to change the terms and conditions of this TOU by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, Organization and/or its third-party provider may add, modify, or delete any aspect, component, or feature of the Site, including the Organization Content, but Organization is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Site following any such change will be deemed as conclusive acceptance of any change to the TOU.  Accordingly, please review the TOU on a periodic basis.