Last updated: May 1, 2020
The following describes the terms under which Gender Spectrum Charitable Fund, Inc., a nonprofit corporation (“Gender Spectrum,” “we,” “our,” or “us”), provides its genderspectrum.org website, online community and forums (the “Lounge”), audiovisual conferences/groups, and other services including without limitation training materials, services and programs (collectively, the “Gender Spectrum Service” or the “Service”) to users who have registered as members of the Service (“Members”) and to visitors who have not registered as Members (“Visitors”). For avoidance of doubt, forum moderators, Group Admins, and all other users of the Lounge are Members within the meaning of this Agreement.
Your use of this Service is expressly conditioned upon your acceptance of these Terms of Service and the following terms, conditions, and policies with are expressly incorporated herein by reference, including any future amendments (collectively, our “Agreement” with you):
Intellectual Property / DMCA Policy
You hereby agree to abide by the terms of our Agreement. You are solely responsible for any activity that takes place using your Member account, including but not limited to the publication or dissemination of any Member Content (as defined below) that is published or accessed using your account. If you register as a Member on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization.
General Description. Gender Spectrum’s mission is to help create gender sensitive and inclusive environments for all children and teens. In furtherance of its mission, Gender Spectrum provides informational materials on its website, offers online and in-person training programs for professionals, and provides online and in-person discussion groups and workshops for parents and youth. Gender Spectrum also provides a forum, including private messaging features, through which Members may communicate with one another (the “Lounge”).
Changes and Modifications. We may change or amend this Agreement from time to time. If we make material changes, we will notify you either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such changes become effective will constitute your consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service; otherwise, the new terms will apply to you. As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be accessed and used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites. The Service may contain links to independent third-party websites (“Linked Sites”). For example, the Service, or users of the Service, may provide links to Instagram, Twitter or Facebook. The Service, or users of the Service, may also conduct or refer you to discussions taking place via a Google Hangouts, Skype, or the like. These Linked Sites are provided solely as a convenience to our Visitors and Members. Such Linked Sites are not under our common ownership or common corporate control, and we are not responsible for and do not necessarily endorse the content, practices or privacy policies of such Linked Sites, or other users of the Service. Please be aware that your participation in certain Linked Sites may involve the submission of content that is or becomes available to the public. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and with other users of the Service.
Minors Under the Age of 13 Not Permitted. Minors Under the Age of 13 Not Permitted. With the exception of our pre-teen discussion group, you must be thirteen (13) years of age or older to use the Service, and you represent that aside from authorized participation in the pre-teen discussion group you are 13 or older, and that you will not permit a minor under the age of 13 to view the Service, use your account, or otherwise interact with the Service. Pre-teens ages 11-12 may join the pre-teen group with the verifiable consent of a parent or guardian who registers them for the group. In all other cases, by using the Service, you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to view the Service, use your account, or otherwise interact with the Service.
Use of the Service by Minors 13 and Older. If the laws of your jurisdiction so permit, minors between thirteen (13) and seventeen (17) years of age may utilize a Service account established by their parent or legal guardian, with the consent and approval of such parent or guardian. If you permit your minor child or legal ward (“Authorized Minor”) to use the Service, or if you establish an account for their use, you and your Authorized Minor both hereby agree to this Agreement on behalf of both yourself and your Authorized Minor. If you are a minor who does not feel comfortable asking your parent or guardian to sign up for an account on your behalf, please contact us directly at lounge[at]genderspectrum.org and we will determine whether an accommodation can be made.
Conditions of Use
As a condition of using the Service, and of the rights and licenses granted to you herein, you agree to the following:
To publish Member Content (as defined below) through the Service, or otherwise make use of the forums or messaging features of the Service, you will be required to create a Member account. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account and (if applicable) your Authorized Minor’s account. You agree to immediately notify Gender Spectrum of any unauthorized use of your account or password, or of any other breach of security.
If you are selected to be a forum moderator or administrator, you further agree to comply with the Group Admin Agreement, available online at https://genderspectrum.org/lounge/group-admin-handbook/ Gender Spectrum may revoke your Member status or Group Admin status at any time and for any reason.
Member or Visitor Content
The Service allows Members or Visitors to upload, transmit, publish, an/or disseminate text, videos, photos,blog submissions, and/or other content (“Member Content”). Any Member Content contained on the Service represents the opinion of that Member only.
When you upload or otherwise provide your own original Member Content to or through the Service, you retain ownership of any copyright (and any other rights) you may already hold in your Member Content. You also represent and warrant, with respect to all Member Content that you upload, transmit, publish, and disseminate through the Service, that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such Member Content in connection with the Service, and to grant to Gender Spectrum and our Service users the licenses set forth in this Agreement; and (b) the Member Content will not infringe or otherwise violate the copyright, trademark, privacy, or any other right of any third party.
By submitting Member Content as set forth above, you hereby grant to Gender Spectrum and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform the Member Content in any medium and by any means currently existing or yet to be devised, to the extent reasonably necessary for the Service to be delivered, and (after removing personally identifiable information) for other purposes including without limitation for internal or external training, for educational and promotional purposes, and in connection with grant applications and fundraising activities. You also hereby grant to each Visitor and Member a worldwide, non-exclusive license to access, view, copy, modify, distribute and/or publicly display your Member Content as permitted by this Agreement, the Community Participation Guidelines, and any guidelines applicable to the portion of the Service in which such content is posted. In submitting Content, unless your submission is anonymous or submitted under a user-name only, you also grant Us a non-exclusive, irrevocable, perpetual, transferable, worldwide right and license to use your name, likeness, and biographic information, as well as any related trademarks provided by you in connection with your Submission for promotional purposes. You acknowledge and agree that you have granted each and every right and license described above to us for the good and valuable consideration of having your Submission included or considered for inclusion. You acknowledge and agree that you are not entitled to any additional compensation, monetary or otherwise, from us and our grantees, licensees, and assigns, in exchange for the grant of rights herein.
Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your Member Content. Accordingly, please choose carefully the information that you post on, through or in connection with the Services. Gender Spectrum assumes no responsibility or liability for any Member Content and no responsibility for the conduct of any user or visitor. If you become aware of any misuse of the Services, please report this immediately to [email protected].
You agree not to use the Services to:
- Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Partners' servers, networks or accounts;
- Delete or revise any information provided by or pertaining to any other user of the Services;
- Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to Gender Spectrum but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Gender Spectrum $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Gender Spectrum Content; or building a business using the Content) without Gender Spectrum’s prior written consent; using technology or other means to access, index, frame, or link to the Services (including the Content) that is not authorized by Gender Spectrum (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Content);
- Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Services to advertise or promote competing services;
- Use the Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
Gender Spectrum makes Member Content available at its sole discretion and may disable access to any Member Content at any time and for any reason. By using the Service, you acknowledge and agree that Gender Spectrum does not guarantee access to and/or hosting of Member Content that is published or disseminated through the Service. For example, if Member Content violates this Agreement, access to it may be disabled.
Gender Spectrum reserves the right to limit the storage capacity of Member Content. If a particular piece of Member Content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You assume full responsibility for maintaining backup copies of your Member Content, and Gender Spectrum assumes no responsibility for any loss of your Member Content due to it being removed by Gender Spectrum or for any reason.
You acknowledge that Gender Spectrum reserves the right to investigate and take appropriate legal action against anyone who, in Gender Spectrum’s sole discretion, violates this Agreement, including but not limited to, terminating their account and/or reporting such Member Content, conduct, or activity to law enforcement authorities.
Purchases and Donations
If you purchase certain subscription based Products (eg, recurring donations), your subscription or donation will be automatically renewed and the credit or debit card you provided to the Processor for such Product will be charged per the billing cycle of your subscription (e.g., monthly, 6-month, annual), unless you cancel the subscription or donation prior to the automatic renewal date. The renewal charge for your subscription or donation shall be the same as the original donation or purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for the subscription or donation shall automatically transfer to any successors or assigns of Gender Spectrum or the Processor, for a substantially similar subscription.
Gender Spectrum makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to, or in connection with, your placement of an order for a Product with the Processor. Gender Spectrum provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you make on or through any Service. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to any and all charges. You acknowledge and agree that in the event the Processor experiences a data breach that affects any of your information, Gender Spectrum will in no way be responsible or liable to you for any such data breach.
If you have any questions regarding your purchases or transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your information, you must contact the Processor.
Gender Spectrum may offer a variety of training materials, services, and/or programs, through its websites, through third party platforms (such as Event Bee), or otherwise. To the extent a fee is required for such training services, you agree to pay the entire fee in a timely manner and as may be otherwise specified by Gender Spectrum. Fees and other costs associated with training materials, services or programs are non-refundable, regardless of whether or not you actually attend.
Members or Visitors may download publicly available educational materials, articles, surveys, worksheets and other content from the website to their own computer, mobile device, tablet or other viewing device owned or controlled by you. You shall not and agree not to distribute materials to any third party without prior written authorization from Gender Spectrum, including without limitation downloading materials on such third party’s computer, mobile device, tablet or other viewing device. Nothing in these Terms shall be construed as authorizing Members or Visitors to grant to others any right to use any portion of the materials. All rights to use shall be granted by Gender Spectrum, exclusively. Additionally you may not make the materials available in any form that can allow or permit a third party to edit or modify the materials without prior written authorization from Gender Spectrum. You shall not publish or transmit materials in whole or in part, to any website or to any social media platform or any other website or platform where members are required to waive any of their rights to posted or shared media.
Gender Spectrum may, from time to time, post employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Gender Spectrum in response to employment listings, you are authorizing Gender Spectrum to utilize this information for all lawful and legitimate hiring and employment purposes. Nothing in this Agreement or contained in the Services will constitute a promise by Gender Spectrum to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Services constitute a promise that Gender Spectrum will review any or all of the information submitted to it by users of the Services.
Online Community - The Lounge
Be kind, understanding and constructive in your participation in our community.
You agree to comply with the Community Agreement, available online at https://genderspectrum.org/lounge/guidelines as well as any participation guidelines published within each individual group or forum.
You agree not to distribute, publish, or otherwise reveal the real-life identity of any Member – or to publish any information regarding any Member that might violate the rights of that Member, including their right to privacy – whether you learn that information through the Service or otherwise.
You agree not to copy, transmit, disseminate, publish, or publicly display content made available in any area of the Service that is accessible only to Members, including but not limited to Member Content (collectively, “Private Content”), to any publicly accessible portion of the Service or to any other website or copy, transmit, disseminate, publish, or publicly display the same by any other means. For example, you agree not to republish the content of any post made to The Lounge to any other location.
Some forums or groups within the Service have their own content rules, which may, among other things, prohibit posting content from one forum or group to another forum or group. You agree to familiarize yourself with and abide by the content rules applicable to each forum or group.
You agree not to use the Service, or any other service, to harass, threaten, impersonate, or intimidate anyone.
You agree not to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, sexually explicit or profane, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You agree not to upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You agree not to transmit any worms or viruses or any code of a malicious or destructive nature.
You agree not to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Service or any part thereof.
You agree not to violate any laws in your jurisdiction, and you will not use the Service for any illegal or unauthorized purpose.
Intellectual Property Infringement
Gender Spectrum responds expeditiously to complaints of intellectual property infringement. If you believe that content on our Service violates a copyright, trademark right, or any other intellectual property right you claim in your work, please contact us at info[at]genderspectrum.org and cc: [email protected]. Please review our DMCA / intellectual property policy for details on how to properly notify us of an intellectual property issue.
Gender Spectrum’s Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Gender Spectrum Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Gender Spectrum Content, contained in the Service is owned, controlled, or licensed by or to Gender Spectrum, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Gender Spectrum Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution, or for any commercial enterprise or purpose, without Gender Spectrum’s express prior written consent.
Violation of this Agreement - Termination
You agree that Gender Spectrum may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service for any reason or for no reasons, including if it determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. For example, it is Gender Spectrum’s policy to terminate the account of Members who harass others or repeatedly violate the copyrights of third parties. If we terminate your user account and/or access to the Services (or any portion of the Services) you may not create a new account or try to access the Services without Gender Spectrum’s prior written approval. You agree that your account is non-transferable. Any rights to your account and/or Services terminate upon your death.
If Gender Spectrum does take any legal action against you as a result of your violation of this Agreement, Gender Spectrum will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gender Spectrum. You agree that Gender Spectrum will not be liable to you or to any third party for termination of your access to the Service.
Any rights or licenses you grant to Gender Spectrum, or its Visitors or Members, during the term of this Agreement – including, but not limited to, the license granted in connection with your publication of Member Content – shall survive termination of this Agreement.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENDER SPECTRUM AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (COLLECTIVELY, “GENDER SPECTRUM AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) MEMBER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) PRIVATE CONTENT WILL REMAIN PRIVATE AND WILL NOT BE PUBLISHED OUTSIDE THE SERVICE; (e) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; (f) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED; AND (g) INFORMATION YOU POST WILL NOT BE DISCLOSED BY OTHER MEMBERS IN OTHER FORA WITHIN OR OUTSIDE OF GENDER SPECTRUM.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENDER SPECTRUM OR THROUGH THE GENDERSPECTRUM.COM WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING MEMBER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION. NO SUCH CONTENT, INCLUDING MEMBER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO GENDER SPECTRUM OR GENDER SPECTRUM AFFILIATES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, (b) ANY CHANGES THAT GENDER SPECTRUM MAY MAKE TO THE SERVICE; (c) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (d) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY MEMBER CONTENT MAINTAINED THROUGH THE SERVICE; OR (e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES SHALL NOT BE LIABLE FOR ANY MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, UNAUTHORIZED, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, GENDER SPECTRUM AND GENDER SPECTRUM AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Gender Spectrum and/or the Gender Spectrum Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Gender Spectrum and/or the Gender Spectrum Affiliates arising out of or in any way connected with your access to or use of the Service. For example, but not by way of limitation, this indemnity extends to any Member Content which you publish or disseminate using the Service, or any claim arising out of your breach of the Agreement, including without limitation your publication of any Private Content to any publicly accessible portion of the Service or to any other website or your copying, transmission, dissemination, publishing, or publicly displaying the same by any other means. Gender Spectrum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this section carefully. It affects your rights.
Most disputes can be resolved informally. If you have a concern, please contact us. In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that we have with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Whether to agree to arbitration is an important decision, and in making it you should not rely solely on the information in this agreement. You may opt out of this arbitration provision by following the instructions below.
(1) We and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under any statute, regulation, or legal or equitable theory. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you aren't a member of a certified class; and
- Claims that may arise after the termination of this Agreement.
References to "you", "we", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court if your claims are within that court’s jurisdiction and are pending only in that court. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action.This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute("Notice"). The Notice to us should be addressed to: 1271 Washington Ave. #834, San Leandro, CA 94577("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we and you don't reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
(3) The arbitration will be governed by the Commercial Dispute Resolution Procedures, and when applicable the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless we and you agree otherwise, any arbitration hearings will take place in Alameda County, California. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(4) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Entire Agreement. This Agreement is the whole legal agreement between you and Gender Spectrum. It governs your use of the Service and completely replaces any prior agreements between you and Gender Spectrum with respect to the Service.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Gender Spectrum does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. Gender Spectrum may assign, sublicense, or delegate all rights and obligations under the Agreement, fully or partially.
Notices. Gender Spectrum may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. Gender Spectrum’s mailing address is 1271 Washington Ave. #834, San Leandro, CA 94577. If you have general questions or concerns regarding this Agreement, please contact us in writing at infoat]genderspectrum.org or at our mailing address.