Terms of Service
Effective Date: September 8, 2024
Please read the following terms and conditions (“Terms”) carefully. They create a binding legal contract between you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms (collectively, “You” or “Your”) and the Potrero Hill Neighborhood House, Inc. and its affiliates (“the Nabe”, “we”, “us”, or “our”) governing Your use of our website, or other internet services under the control of the Nabe, whether partial or otherwise, and related features, content, products, and services (collectively, “Services”). Among other things, these Terms describe Your responsibilities and limit our liability. If You do not agree to all the following Terms now or in the future, do not use the Services in any manner. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 7) AND LIMIT OUR LIABILITY (SECTION 8). THESE TERMS ALSO INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND THUS PROHIBIT CLASS ACTION CLAIMS. PLEASE REFER TO SECTION 11 FOR ADDITIONAL DETAILS.
By accessing the Services in any way, including by clicking the “Subscribe” (or similar) box or button, or by registering or using any of our resources, You agree to and are bound by these Terms.
These Terms and our Privacy Policy constitute the entire agreement between You and the Nabe and govern Your use of the Services, and supersede any and all prior agreements, written or oral, between You and the Nabe regarding the Services (including, without limitation, any prior versions of these Terms), except for any agreement that You have directly with an affiliate of the Nabe. Portions of the Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms. In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms will control. Notwithstanding the foregoing, the Nabe’s Privacy Policy supersedes any conflicting terms in these Terms and/or any other guidelines, rules, and terms and conditions with respect to the subject matter covered by the Privacy Policy. Your acceptance of these Terms also constitutes Your agreement that You are able to receive and retain, and Your acceptance of the delivery of, communications to You by website posting or email. If You do not agree to these Terms, please do not access or use the Services.
You may also be subject to additional terms and conditions that may apply when You use other services of the Nabe, third-party content, or third-party software. You are solely responsible for reviewing and complying with such terms even if our Services direct You to third party content, software, or services.
1. TERMS GENERALLY APPLICABLE TO THE SERVICES.
1.1. Eligibility. To be eligible to use the Services, You must, and You represent and warrant that You do, meet the following criteria: (a) are 18 years of age or older; (b) are not currently restricted from or otherwise prohibited from using the Services, (c) are not a competitor of or using the Services for reasons that are in competition with the Nabe; (d) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which You are a party; (e) will not violate any rights of the Nabe, including intellectual property rights such as copyright or trademark rights; and (f) will provide at Your cost all equipment (including mobile devices), software, and internet access necessary to use the Services. The Services are intended solely for persons who are 18 years old, or such higher age required in Your country to use the Services. If You are under the legal age to form a binding contract in Your jurisdiction, You represent that Your parent or legal guardian has reviewed and agreed to these Terms on Your behalf.
1.2. Agent of a Company, Entity, or Organization. If You are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then You represent and warrant that You: (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) will be bound by these Terms on behalf of that Organization.
1.3. Applicable Laws and this Agreement. You will comply with all applicable laws, ordinances, regulations, and these Terms.
1.4. Use of the Services. You will use the Services only to submit and receive content and materials that are proper. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
1.5. User Conduct. The Nabe does not screen or control users of its Services and, is not responsible for, and makes no representations or warranties with respect to any user or user conduct, though the Nabe has the right to monitor such information.
1.6. Limited License. The Nabe grants You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license, and right to (a) access and use the Services through a generally available web browser or mobile device (but not through scraping, spidering, crawling, or other technology or software used to access data without the express written consent of the Nabe); and (b) view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
1.7. Promotions. You agree to receive newsletters, donation requests, and other communications and materials relating to the Nabe or the Services unless You affirmatively opt-out of receiving such materials by contacting us using the information detailed in the Contacting Us Section in our Privacy Policy. Even if You opt-out of receiving such newsletters or donation requests, we may still need to contact You with important information about the Services.
1.8. Prohibited Uses. You will not use the Services to:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services or the technology and equipment supporting the Services;
access or attempt to access the Services through any means other than as provided by the Nabe;
use data mining, robots, or other data gathering devices on or through the Services;
submit incomplete, false, or misleading information, pretend to be the Nabe or someone else, spoof the Nabe’s or someone else’s identity, or misrepresent Your affiliation with a person or entity;
disclose personal information about another person or any confidential, proprietary, or trade secret information of any third party, or harass, abuse, or post objectionable material;
engage in advertising, marketing, other unsolicited commercial communications, or spamming;
use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to the Nabe or others;
forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services;
collect or store personal data about other users;
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
access the Services from a jurisdiction where it is illegal or unauthorized; or
solicit personal information from anyone under 18 or solicit personally identifying information for commercial or unlawful purposes.
You will not upload, submit, email, transmit, or otherwise make available any content that:
is inaccurate, unlawful, threatening, abusive, harassing, obscene, invasive of another’s privacy, hateful, or objectionable to the Nabe or other users of the Services or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes;
contains false statements or misrepresentations that could damage You, us, or a third party; or
violates or infringes anyone’s intellectual property or other rights.
1.9 Volunteering. If you provide volunteering services or participate in volunteer activities with the Nabe, you agree to the Volunteer Agreement. However, if you and the Nabe sign a version of the Volunteer Areement, then that signed version will apply and superseded the linked version above.
2. REGISTRATION
2.1. Registering for an Event. To register for an event, You must complete the registration process by providing us with true, current, complete, and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information. If You change or deactivate Your mobile telephone number, You will promptly update Your information with us to ensure that Your messages are not sent to the person who acquires Your former telephone number. You grant the Nabe the right to independently verify any information that You provide through the Services about Yourself, although the Nabe does not routinely undertake any verification.
3. YOUR SUBMISSIONS
3.1. Your Content. You are solely responsible for all content or information that You submit or otherwise transmit via the Services.
3.2. Ownership and License of Your Content and Information. The Nabe makes no claim to ownership of any content or information You provide to the Nabe and will not pay any compensation to You with respect to any use of Your content or information by us or our licensees. The Nabe will be free to use or disseminate any content or information (not including personally identifiable information) You make available to the Nabe on an unrestricted basis for any purpose, and You hereby grant the Nabe and all other users of the Services an irrevocable, perpetual, worldwide, transferable, royalty-free, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to use, reproduce, modify, distribute, and otherwise exploit such content and information (including in digital form). The Nabe may pass these rights along to others with whom the Nabe has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. You represent and warrant that You have proper authorization for the worldwide transfer and processing among the Nabe and third-party providers of any content or information that You may provide to the Nabe. You also represent to us that, by submitting content or information to the Nabe and granting the Nabe the rights described in these Terms, You are not infringing or violating the personal or property rights of any person or third party. The Nabe is under no obligation to post or use any of Your submitted content or information, but if the Nabe does use such content or information, the Nabe may remove such content at any time in its sole discretion.
3.3. Submissions. Unless the Nabe has entered into a separate written agreement with You that explicitly states to the contrary, the Nabe can use and freely exploit any information, feedback, questions, comments, or the like that You provide to the Nabe in connection with the Services (“Submissions”) on a non-confidential and non-proprietary basis and the Submissions will become and remain the property of the Nabe. No compensation will be paid with respect to the use of any Submissions that You provide to the Nabe. The Nabe is under no obligation to post or use any of Your Submissions and may remove any Submissions or information at any time in its sole discretion. You will not give to the Nabe any Submissions that (a) You have reason to believe are subject to any patent claim or similar right of a third party; (b) are subject to license terms which seek to require any product incorporating or derived from such Submissions, or other intellectual property, to be licensed to or otherwise shared with any third party; or (c) are the confidential information of any third party to whom You owe a duty of confidence.
3.4. Indemnification. You will indemnify, defend, and hold harmless the Released Parties (as defined below) from and against any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your content, Your Submissions, or Your use of the Services, including without limitation, Your use of any information You learn from Your use of the Services, Your breach of these Terms, Your violation of any data protection or privacy laws, Your violation of any rights of another person or entity, or Your use of any Linked Websites. You are solely responsible for any claims brought by a third party, including, for Your use of any information You learn from Your use of the Services.
4. NOTICES; MODIFICATION/TERMINATION OF TERMS AND/OR SERVICES
4.1. Notices. The Nabe may provide notice to You via email, regular mail, or posting notices or links to notices on the Nabe’s website or through the Services.
4.2. Modification of Terms and Services. The Nabe may update or change these Terms, and any other terms, conditions, and notices for the Services from time to time. You understand that the Nabe reserves the right to make these changes and that You are responsible for regularly reviewing these Terms and other terms, conditions, and notices. Continued access to or use of the Services after any such change will constitute Your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time. The Nabe may also make changes to the Services or discontinue the Services (including content and offerings) at any time and without notice. No modification of these Terms will be binding on the Nabe unless posted by the Nabe, or unless in writing and signed by a person authorized to act on behalf of the Nabe. You should periodically visit our website to review the current Terms. Your use of our Services will be at Your own and sole risk and we will not be liable for any data loss or damage to any device, including Your own devices, arising out of or relating to Your use of our Services.
4.3. Termination or Suspension of Services. The Nabe reserves the right, in its sole discretion, to modify, terminate, or suspend Your access to the Services or any portion thereof at any time and for any reason, with or without notice and without liability to the Nabe. The Nabe will not be liable to You or any third party for any modification, suspension, or termination of the Services, Your access to the Service, or loss of related information. You may stop using the Services at any time.
5. THIRD PARTY LINKS, FUNCTIONALITY, AND TRANSACTIONS
5.1. The Nabe or its users may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave the Services to access third-party material or by bringing the third-party material into the Services via “inverse” hyperlinks and framing technology (each a “Linked Website”). The Nabe has no control over the content on a Linked Website and is not responsible for the operation of any Linked Website. The Nabe is offering these links to You as a convenience only, and the fact that the Nabe has provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. This website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. 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 Nabe, 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 Nabe. 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.
5.2. Our Services may allow You to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions. We make no promises and disclaim all liability of specific results from the use of such third-party services and any information You share with such third parties.
5.3. The Nabe urges You to make sure You understand the risks associated with using, retrieving, or relying upon any information found on the internet before using, retrieving, or relying upon any such information from a Linked Website. Your correspondence, information sharing, or business dealings with, or participation in promotions of, advertisers or users other than the Nabe found on or through our Services are solely between You and such advertiser or third party. The Nabe will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any Linked Website.
5.4. You can make an online donation to the Nabe. The Nabe has engaged the services of third-party payment service provider(s) to process all donation/payment transactions. The Nabe is not affiliated with any such third-party payment service provider(s), and neither is the agent or employee of the other, and the Nabe is not responsible in any way for the actions or performance (or lack thereof) of such third-party payment service provider(s). Accordingly, the Nabe expressly disclaims responsibility and liability for all payment processor services, and You hereby agree that the Nabe shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third-party payment service provider(s) will have access to the information You provide to them when making a donation, so You should not make a donation if You are not comfortable with sharing Your information with these third parties. You hereby acknowledge and agree that, for all donations, (a) You will not use an invalid or unauthorized credit or debit card or other payment method; (b) all donations are final and non-refundable. If You have any questions regarding any donation, please contact us by phone at (415) 826-8080 or by email at info@thenabe.org.
6. THE NABE INTELLECTUAL PROPERTY
6.1. All materials or documentation available through the Services, and not provided via a Linked Website, are the property of the Nabe and are protected by copyrights, trademarks, and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to the Nabe. You cannot use our logo or trademarks without our written permission.
6.2. Except as expressly authorized in writing by the Nabe, You will not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of our content or content of others (including without limitation, text, images, photographs, video, audio, graphics, user interface, and other content provided) on the Services, and the selection, coordination, and arrangement of such content (whether by us or by You), in whole or in part, by any means. You must not remove, alter, or obscure any copyright, patent, trademark, or other proprietary or restrictive notice or legend contained or included in any part of the Services, and You will reproduce and copy all such notices and legends on all copies of any part of the Services that You are permitted to make hereunder, if any. You may use the Services and the contents contained in the Services solely for Your own individual, non-commercial, and informational purposes. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Any rights not expressly granted herein are reserved.
7. DISCLAIMER OF WARRANTIES
7.1. YOUR ACCESS TO, USE OF, AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2. THE RELEASED PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE THROUGH THE SERVICES OR PROVIDED ON THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR TO, OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM, LINKED WEBSITES. THE RELEASED PARTIES FURTHER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ANY LINKED WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NABE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7.3. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimer may not apply.
8. LIMITATION OF LIABILITY
8.1. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE NABE OR CONTENT, INFORMATION, OR SERVICES ACCESSED OR OBTAINED THROUGH THE SERVICES OR SHARED ON ANY LINKED WEBSITE. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU WILL RESOLVE DISPUTES DIRECTLY WITH ANY OTHER PARTIES. YOU RELEASE THE RELEASED PARTIES OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE SERVICES. YOU WILL NOT INVOLVE US IN SUCH DISPUTES. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES AND ANY LINKED WEBSITE. “RELEASED PARTIES” INCLUDE THE NABE AND THEIR OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, PARTNERS, AND LICENSORS.
8.2. THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR INFORMATION SHARED OR RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PARTY ON OR THROUGH THE SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICES AND ANY LINKED WEBSITE.
8.3. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE SERVICES, ANY LINKED WEBSITE, OR YOUR USE OF THE NABE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
8.4. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitations or exclusions may not apply.
9. PRIVACY AND PERSONAL INFORMATION
9.1. Your privacy is important to us. You consent to the collection, processing, and storage by the Nabe of Your personal information in accordance with the terms of the Nabe’s Privacy Policy. You will comply with all applicable laws and regulations, and the terms of the Nabe’s Privacy Policy, with respect to any access, use, and/or Submission by You of any personal information in connection with the Services. The Nabe may communicate with You by email or posting notice on our Services. You may request that we provide notice of security breaches in writing. By using the Services or providing personal information (as defined in our Privacy Policy) to us, we may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services. If we learn of our security system’s breach, we may attempt to notify You electronically by posting a notice on our website or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to us at info@thenabe.org. Any and all personal information You provide to a third party on a Linked Website will be governed by such third party’s privacy policy and the Nabe will not be liable or responsible for such information.
10. APPLICABLE LAW
10.1. The law of Your state or country of residence will apply to any action related to the Terms and/or Your use of the Services, including any Dispute (as defined below). Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any Dispute under the Terms.
10.2. The Nabe makes no representation that the content or information available through the Services is appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with local laws.
10.3. Although the Services are accessible worldwide, they are not accessible to all persons or in all geographic locations. The Nabe reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires. Any offer for any Service provided by the Nabe is void where prohibited.
11. BINDING ARBITRATION. All disputes under these Terms or related in any way to Your use of the Services, including any communications or other interactions between You and the Nabe (a “Dispute”), will be settled through BINDING ARBITRATION, except that You or the Nabe may file a complaint in small claims court if the Dispute qualifies under the applicable jurisdictional limits, or unless You opt-out as described below.
11.1. The arbitration will be administered by one arbitrator by the American Arbitration Association (“AAA”) under the AAA’s then-current Consumer Arbitration Rules, which can be found at www.adr.org or by calling 1-800-778-7879. To begin arbitration, please visit the AAA’s website or call the number provided here.
11.2. Any arbitration will take place in San Francisco, California or the state and county in which You reside, if You so choose. If You reside outside of the United States, arbitration will take place in San Francisco, California. The parties may arbitrate by video or telephone conference or to have their Dispute decided on a documents-only basis. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief.
11.3. You may opt-out of this agreement to arbitrate. If You do so, neither You nor the Nabe can require the other to participate in an arbitration proceeding regarding these Terms. To opt-out, You must notify us in writing within 30 days after the date that You first accept these Terms. You may also opt-out again within 30 days after we notify You regarding a material change to these Terms. You must send us a notice to this address to opt-out:
Potrero Hill Neighborhood House
953 De Haro Street
San Francisco, CA 94107
You must include Your name, residence address, and a clear statement that You want to opt-out of this arbitration agreement included in these Terms.
11.4. The arbitrator has the authority to decide all issues of arbitrability, and there is no judge or jury in arbitration. YOU AND THE NABE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
11.5. You agree that any claim You may have arising out of or related to Your use of the Services, Your relationship with the Nabe, and/or these Terms must be filed within one year after such claim arose; otherwise, Your claim is permanently barred.
11.6. Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration can proceed on a class basis, then neither You nor the Nabe is entitled to arbitrate the Dispute.
11.7. This arbitration provision is subject to the Federal Arbitration Act and interpreting case law. To the extent state law applies to the Dispute, the laws of Your state of residence will apply. The arbitrator’s award will be binding on You and the Nabe and may be entered in any court of competent jurisdiction. This Binding Arbitration Section will survive any termination of Your use of the Services.
12. GENERAL TERMS
12.1. You must not assign or otherwise transfer the Terms or any right granted hereunder. The Nabe may assign or otherwise transfer the Terms, or any right granted hereunder. Any assignment in violation of this Section will be null and void.
12.2. No one other than You and the Nabe, or the Nabe’s successors and assigns, will have any right to enforce these Terms.
12.3. Any material breach of these Terms will result in irreparable harm to the Nabe for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Nabe will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Nabe seeks such an injunction.
12.4. Services derived or obtained from the Nabe may be subject to the U.S. export laws and the export or import laws of other countries. You will comply strictly with all such laws and, in particular, will: (a) obtain any export, re-export, or import authorizations required by U.S. or Your local laws; (b) not use the Services to design, develop, or produce missile, chemical, biological, or nuclear weaponry; and (c) not provide services, content, or products derived or obtained from the Services to prohibited countries and entities identified in the U.S. export regulations.
12.5. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
12.6. You will comply with all applicable laws and regulations. If any legal authority, having the jurisdiction, rules that any part of these Terms is invalid, that Section will be removed and the remaining terms of these Terms will be valid and enforceable.
12.7. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
12.8. The Nabe always reserves the right to disclose any information as the Nabe deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Nabe’s sole discretion.
12.9. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.
12.10. A printed version of these Terms and of any notices given in electronic form will 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.
12.11. Contact us to notify us of inappropriate or illegal conduct or content You encounter on the Services, as we have the right to terminate a user’s access to the Services or remove any content for any reason. All notices of copyright infringement claims should be sent to info@thenabe.org.