Last modified: 1/18/17
General Welcome to the website of Calls for Change (“CFC", "we", "us"). CFC provides an email and text messaging service (the “Texts” and “Emails") for Users who register accounts through the Site (hereinafter the Emails, Texts and Site shall be collectively referred to as the "Service"). The Service requires that Users have a current and valid email account and/or cellphone number and carrier contract allowing the receipt of email and/or text messages for as long as Users choose to subscribe to and use the Service.
What We Own Unless otherwise noted, all material and services available on the Site, and all material and services provided by or through the Service, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Content") are the intellectual property of CFC or our licensors. The Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All CFC trademarks and service marks, logos, slogans and taglines are the property of CFC. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on CFC without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Our License to You Subject to this Agreement, CFC hereby grants you a limited, revocable, non-transferable and nonexclusive license to use the Service through your email or cell phone number to the extent, and only to the extent, necessary to access and use our Service in accordance with the terms of this Agreement. This license does not permit you, and you agree not to:
Content You Provide to Us We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). You are legally responsible for all User Content that you submit in connection with the Service. CFC is not responsible for your User Content. You hereby grant CFC, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) User Content in order to provide you with the Service, and hereby represent and warrant that you have all the rights necessary to grant us such license. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Service. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the rights holder. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:
Geographic Restrictions We make no claims that the Site, Service, or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and cellphone service provider rates and terms of service.
Accuracy of Information While we strive for accuracy, information on the Site may sometimes contain errors or inaccuracies. CFC does not make any warranty as to the correctness or reliability of the Site's content or any messages we send out to Users.
Link Our Site will occasionally contain links to, and quotation of, Material from other sites. CFC is not responsible for the content, completeness, or reliability of any content on other sites and is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave CFC's Site, and to read the privacy statements of any website that may collect personally identifiable information. We provide the Service for informational and entertainment purposes only. You may not rely on any information and opinions expressed on any of our Service for any other purpose.
Disclaimer EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT, PRODUCTS AND/OR SERVICE ON THE SITE OR ELSEWHERE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, CFC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CFC DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM VIRUSES OR ANYTHING ELSE HARMFUL. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, CFC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, RELIABILITY, OR COMPLETENESS OF THE SITE, TEXT MESSAGES, EMAILS, SERVICE, CONTENT, THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION, INFORMATION PROVIDED BY US OR OUR VENDORS, OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO FROM THE SITE. NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF CFC) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING CFC’S SITE AND SERVICE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS.
Limitation of CFC’s Liability CFC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY, ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, SERVICE, INFORMATION, SITE AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS, SERVICE OR ANY THIRD PARTY SITE(S), PRODUCTS OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE SITE OR ANY THIRD PARTY SITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THIRD PARTY SITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY THIRD PARTY SITE(S) BY CFC OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY SITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING. IN NO EVENT SHALL CFC OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, MATERIALS, CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE(S); OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST CFC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF CFC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, CFC'S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
Indemnification You agree to indemnify and hold harmless CFC and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Service; (ii) User Content provided by you or through use of your account; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Arbitration For any dispute you have with CFC, you agree to first contact us at MakeCallsForChange@gmail.com and attempt to resolve the dispute with us informally. If CFC has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and CFC agree otherwise, the arbitration will be conducted in Santa Clara County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that CFC will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
No Class Actions; Waiver of Jury Trial ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CFC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Termination These Terms of Service are effective unless and until terminated by either you or CFC.. CFC may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Service, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
Governing Law and Jurisdiction These Terms of Service shall be construed in accordance with the laws of the State of New York without regard to any conflict of law provisions. CFC's performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this these Terms of Service is in derogation of CFC's right to comply with law enforcement requests or requirements.
Severability If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of CFC to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
Copyright Policy We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the accounts of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: DMCA AGENT 855 El Camino Real Suite 13A-150 Palo Alto, CA 94301 MakeCallsForChange@gmail.com If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
Changes to our Terms of Service We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration above will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Notice of Changes and Use of Terms of Service We may provide notice to you relating to this Agreement, the Service and/or the Site by sending an email to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to this Agreement, the Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.