1. Contract and Services
2.1 For Referrers. We require that information you provide as a Referrer be accurate to the best of your knowledge, and not in violation of the intellectual property rights, privacy rights or other rights of any third party.
2.2 For Customers.
(a) Eligibility. Only bail fund administrators, staff, and volunteers are allowed to access the BailFundApp as Customers. We require that information you provide as a Customer be accurate. Creating an account with false information is a violation of our terms.
(c) No Payment: CJE provides the BailFundApp at no charge to you.
(d) Notices and Messages. You agree that we will provide notices and messages to you related to the BailFundApp in the following ways: (1) within the BailFundApp itself, and/or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
3. Rights and Limits.
3.1. Your License to Us. You may provide information, feedback and content through the BailFundApp where required (e.g., when you register) or when optional (e.g. if, as a Customer, you volunteer to complete a survey, or if you submit information as a Referrer). You may also provide us with information about individuals who are candidates for receiving assistance from a bail fund or who have already received that assistance ("Clients") either as a Referrer or as a Customer in connection with the operation of a bail fund, (that information, "Client Data"). You own the content and information that you submit or post to the Services, and -- except with respect to Client Data -- you grant us the following non-exclusive license:
An irrevocable, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, distribute, and process information, feedback, and content that you provide through our Services (including survey responses), without further consent, notice and/or compensation to you or others. The license rights you grant to us are limited in the following ways:
- We will not use your information, feedback, or content for the purposes of marketing or advertising.
- By submitting feedback related to the Services to us, you agree that we can -- but aren't required to -- use and share that feedback for any purpose without compensation to you.
Client Data is not subject to this Section 3.1 and is addressed in separate agreements with the bail funds or bail fund networks with which we partner.
3.2 Your Content. You agree to only provide content, information, and feedback that does not violate the law nor anyone's rights (including intellectual property, privacy, or other rights of any third party).
3.3 Service License and Availability. We may change, suspend or end any part or all of the BailFundApp at our discretion, for any reason or no reason, with or without notice. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.4 Intellectual Property Rights. We grant you a limited right to access the BailFundApp and we reserve all of our other intellectual property rights in the BailFundApp. Using the BailFundApp does not give you any ownership in the BailFundApp or the content or information made available through them that isn't already yours. Trademarks and logos used in connection with the BailFundApp are the trademarks or registered trademarks of their respective owners. Our logos and other trademarks, service marks, and graphics are trademarks or registered trademarks of ours. You may not use any trademark or logo without express written permission of its owner.
4. Disclaimer and Limitation of Liability
4.1 No Warranty. TO THE EXTENT ALLOWED BY LAW, WE (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE BAILFUNDAPP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE BAILFUNDAPP (INCLUDING INFORMATION, FEEDBACK, OR CONTENT, INCLUDING CLIENT DATA) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CERTAIN LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WE WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE BAILFUNDAPP (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION, FEEDBACK OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND WILL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE AND OUR SERVICE PROVIDERS HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE BAILFUNDAPP EXCEED \$1000.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
5. Terms and Termination.
Your use of the BailFundApp must comply with these terms. We reserve the right to limit your use of the BailFundApp, and may also restrict, suspend, or terminate your access to the BailFundApp at our discretion, with or without reason. Prior to these actions, we will attempt to provide you notice through any contact information you have provided to us, but we may not always be able to provide advance notice. If you have questions about your account status, contact us at firstname.lastname@example.org.
Without limiting the foregoing, either you or we may terminate this contract and/or the BailFundApp at our discretion, with or without reason. On termination, you lose the right to access and/or use the BailFundApp. The following rights and obligations shall survive termination:
- In the event your bail fund organization no longer wishes to use the BailFundApp,
6. Dispute Resolution We hope and expect that the BailFundApp will positively contribute to your experience with a bail fund and we're excited to see what benefits and operational efficiencies the BailFundApp will provide.
Dispute Resolution. In the unlikely event we have a dispute arising out of or related to the use of the BailFundApp ("Dispute") that we can't resolve between us, you and we agree that we shall (in good faith) meet and attempt to resolve the Dispute within thirty (30) days. If the Dispute is not resolved during such time period, then you and a representative of CJE shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed upon mediator within thirty (30) additional days.
7. General Terms
7.1 Severability. If any provision in this agreement is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be modified to a valid and enforceable provision that most accurately reflects the parties intentions.
8. Service Rules:
- To provide accurate information to us;
- Not to use or attempt to use another's account, or share your account with another person;
- Not to use the BailFundApp to violate applicable laws, the privacy or other rights of others, or any policies of the bail fund or bail fund network with which you are affiliated;
- Not to scrape information or content from the BailFundApp or otherwise use automated means to copy information, content and other data from the BailFundApp that is not already your information, content or other data;
- Not to disable, circumvent or intentionally bypass any security feature, access controls or use limits of the BailFundApp;
- Not to copy, use, disclose or distribute any information obtained from the BailFundApp, whether directly or through third parties (except to the extent necessary to perform your duties as a volunteer, staff member, or administrator of a bail fund organization).
- Not to violate our intellectual property rights or those of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
- Not to sell or otherwise monetize the BailFundApp, access to the BailFundApp, or related content or data.
- Not to interfere with the operation of, or place an unreasonable load on, the BailFundApp (e.g., spam, denial of service attack, viruses).
- Not to provide information that you do not have the right to disclose.
9. How To Contact Us
Attn: Community Justice Exchange
P.O Box 889385
Los Angeles, CA 90088-9385
Email: courtesy copy: email@example.com