Terms and Conditions
Welcome to Collaborative for Change (“we”, “us”or “our”). Collaborative for Change is a collaborative website created and operated by Collaborative for Change, INC. We are a California nonprofit, tax-exempt charitable organization. Collaborative for Change serves as a facilitator where ecorestoration projects and funders converge. By adhering to our suggested criteria, projects on our platform are able to showcase their comprehensive ecological insights, through a clear and impactful framework. This serves to potentially attract funders.Our forum allows members to showcase their projects, and asks that they do it in a clear and concise manner for collaboration and/or the potential to attract funders.
Collaborative for Change is a collaborative database, built from ongoing effort by both our editors and a growing community. You and others work together, to create the content on our site.
Privacy Policy. Collaborative for Change is committed to protecting your privacy. Please review our Privacy Policy which discusses how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
This Terms of Use And Conditions Agreement, as may be modified from time to time,
(“Agreement”) constitutes legally binding terms and applies to your use of Collaborative
for Change. By accessing our Collaborative for Change website, mobile services, or any
software provided on or in connection with them (“Services”), you agree to be bound by
this Agreement whether you are a visitor or a Member (both “Users”).
You are authorized to access Collaborative for Change only if you agree to abide by all
applicable laws, rules, and regulations and the terms of this Agreement.
Collaborative for Change reserves the right to modify this Agreement from time to time,
and by accessing the Services you agree to be bound by these modifications. If you do
not agree to be bound by this Agreement or an updated version, you must discontinue
use of Collaborative for Change.
Eligibility
You represent and warrant that:
(a) all member information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 13 years of age or older; and
(d) your use of Collaborative for Change does not violate any applicable law.
Your Membership or access to the site may be terminated without warning if we believe
that you are under 13 years of age or have otherwise falsified your age.
Terms
This Agreement and any modifications thereof shall remain in full force and effect while
you use Collaborative for Change. You may terminate your Membership at any time, for
any reason, by following the instructions on the Member’s Account Settings [inserL]t UR
page. Collaborative for Change may terminate your Membership at any time, for any or
no reason, with or without prior notice or explanation, and without liability. Collaborative
for Change also reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting by you, or to deny, restrict, suspend, or terminate your access to all
or any part of the Collaborative for Change website at any time, for any reason or no
reason, or if it decides, in its sole discretion, that you have violated this Agreement or
pose a threat to Collaborative for Change, its employees, business partners, Users
and/or the public, with or without prior notice or explanation, and without liability.
Membership
Membership is optional. Visitors are welcome to view Collaborative for Change without
becoming members. However, Visitors may not be able to participate in many of the
Collaborative for Change Services.
Each Member is given the ability to post content to our Forum, including comments on
other Member posts.
Things Members can do:
post original content to the Forum
post comments to other Members’ posts on the Forum
re-post other Members’ posts on the Forum, with appropriate attribution
create a login profile (you will need this to interact with the site)
login with Facebook or Instagram (optional)
Member Profile. When you sign up to become a Member, you will create an account and
provide certain information about yourself (“Member Profile”). Your account is for you or
your organization’s own use. We ask that you provide complete and accurate
information about yourself so that your contributions will be credible. You may not
impersonate someone else, create or use an account for someone else, provide an
email or other contact information that is not your own, or create multiple accounts. If
you choose to use a pseudonym, understand that you may still be identifiable from other
information you share on the site.
Password. When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, email address or password of
another Member at any time or to disclose your password to any third party. You agree
to notify Collaborative for Change immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for all use of your
account.
Member Guidelines
Members are encouraged to:
Post your own content. We ask that you don’t share photos taken by someone else, or
depicting other people, without permission. Also, you should only post text that you have
written. The exception is that you may repost content originally posted by other Members
on our site, with appropriate attribution.
Post content that is safe for people of all ages. Your posts are visible to people as
young as 13 years old. Please do not post nudity or mature content of any kind.
Respect other users. Collaborative for Change allows people from different
backgrounds worldwide to view and contribute to the site. While this is a great way to
share your views with users from other parts of the world, it also sometimes leads to
unintentional offense. Please be polite and respectful in your actions on Collaborative for
Change. Uphold and respect the original purpose of the service. Collaborative for Change is
meant to be a way to share information and ideas about ecorestoration projects. Self-promotion or commercial solicitation of any kind, in any form, is not usually well-received.
Prohibited Content
You are solely responsible for the content that you post on, through or in connection with
any of the Collaborative for Change Services, and any material or information that you
transmit to other users and for your interactions with other users. Please honor these
Guidelines:
Don’t post content that isn’t yours. Don’t post other people’s texts/posts/photos and/or
materials that you have taken from the Internet. Accounts that solely consist of only this
type of content will most likely be disabled. This includes accounts attempting to pose as
someone else.
Don’t impersonate. Don’t impersonate any person or entity or misrepresent your
affiliation with any person or entity.
Don’t post misleading content. Our site relies on honest and accurate information.
Please don’t post false or misleading photos or statements about yourself, anyone else,
or the entities you are discussing. You recognize that any false statements you post may
cause us or third parties substantial economic harm, for which you may be held liable.
Don’t post mature content. Inappropriate behavior is strictly prohibited on
Collaborative for Change. Accounts found sharing nudity or mature content (including a
profile photo) will be disabled and your account with Collaborative for Change may be
Discontinued.
Don’t post illegal content. If you share prohibited or illegal content, including photos of
extreme violence or gore, your account will be disabled and we will take appropriate
action, which may include reporting you to the authorities.
Don’t spam. Self-promotional behavior of any kind on Collaborative for Change is
questionable. This prohibition includes repetitive comments, as well as service
manipulation in order to self-promote, and commercial spam comments, such as URLs
to external websites. We ask that you keep your interactions on Collaborative for
Change respectable to its original purpose.
Don’t be rude. Collaborative for Change is meant to be a safe environment where
users should feel comfortable sharing their experiences. Abuse, attacking, harassing, or
impersonating others will not be tolerated. If we receive a legitimate complaint about your
actions, your account may be disabled.
Don’t promote self-harm. Any account found encouraging or urging users to embrace
anorexia, bulimia, or other eating disorders; or to cut, harm themselves or others, or
commit suicide will result in a disabled account without warning. We appreciate that
communication regarding these behaviors in order to create awareness and lead people
to recovery is important, but Collaborative for Change is not a place to do this.
Collaborative for Change may reject, refuse to post or delete any content for any or no
reason, including, but not limited to content that in our sole judgment violates this
Agreement or which may be offensive, illegal or violate the rights of any person or entity,
or harm or threaten the safety of any person or entity.
Additional considerations
Collaborative for Change is an open community, and it is possible that you will find
things that offend you. If you are offended by content that does not violate any of the
above guidelines, we will consider your concerns, but we may decide in our sole
discretion not to take any action.
If you find that your content has been used without permission on our site, there are
a couple effective ways to resolve this situation. A good idea is to contact the poster
directly and politely ask that they remove such content; it might have been an
unintentional mistake. If that doesn’t work, please file a DMCA notice (see below) so that
we may investigate. Please do not post comments about the offending content, as that
may be classified as harassment, which violates our guidelines.
If you feel you are unable to follow these guidelines, Collaborative for Change may not
be the best choice for you. We must uphold these guidelines, so that they will help keep
Collaborative for Change a safe place for all Users.
Proprietary Rights
Your Content
Collaborative for Change does not claim any ownership rights in the photos or
commentary that you post (“Your Content”) through or in connection with the Services.
You continue to retain all rights that you may have in Your Content, subject to the
following limited license: You hereby grant to Collaborative for Change an irrevocable,
perpetual worldwide license to use, edit, publicly perform, publicly display, reproduce,
and distribute Your Content solely on, through or in connection with the Services,
including without limitation, through Collaborative for Change applications, widgets,
websites or mobile, desktop, or other services which are linked with your Collaborative
for Change account, including, without limitation, distribution in any media formats and
through any media channels. This limited license does not grant Collaborative for
Change the right to sell or otherwise distribute Your Content outside of the Services. You
also grant to other Members of our site a limited license to repost Your Content on our
site, with appropriate attribution.
The license you grant to Collaborative for Change and our Members is fully-paid and
royalty-free (meaning that Collaborative for Change is not required to pay you or anyone
else deriving rights from you for the use on the Collaborative for Change Services of
Your Content), and sublicensable and transferable (so that Collaborative for Change is
able to use its affiliates, subcontractors and other partners such as internet content
delivery networks and wireless carriers to provide the Collaborative for Change Services
elsewhere).
We may use Your Content in many ways, including publicly displaying it, translating it,
modifying or reformatting it, incorporating it into advertisements and promotional
materials, allowing third parties to post advertisements alongside it, creating derivative
works with it, and allowing others to do the same with it on other sites and media
platforms.
You represent and warrant that:
(a) you own Your Content, or you have obtained the rights from the owner(s) to grant the
license above; and
(b) use of Your Content on Collaborative for Change or the Services (or others whom we
allow to use it) will not violate the privacy rights, publicity rights, contract rights,
trademarks, copyrights or any other rights of any person or entity. You agree to pay all
royalties, fees, and any other monies owing any person or entity by reason of the use of
any content you post on Collaborative for Change or the Services.
The Services contain content of others. You may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, sell or otherwise use any content
(except Your Content solely for unrelated services, or allowed re-posting of other
Members’ content on our site) appearing on or through the Collaborative for Change
Services.
Collaborative for Change Content
Collaborative for Change’s own content, including but not limited to our blogs and other
Collaborative for Change text and images, visual interfaces, interactive features,
graphics, design, compilation of user content and other site content, computer code,
products, software, and all other elements and components of the site that we have
generated (“Collaborative for Change Content”) is protected by copyright, trademark,
patent, trade secret and other laws, and Collaborative for Change owns and retains all
rights therein. You may not reproduce, modify, adapt, prepare derivative works based
on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise
exploit the Collaborative for Change Content, except that Collaborative for Change
hereby grants you a limited, revocable, nonsublicensable license to reproduce and
display the Collaborative for Change Content (excluding any software code) solely for
your personal use in connection with viewing Collaborative for Change and using the
Services.
The name Collaborative for Change and Collaborative for Change logos are the
exclusive trademarks of Collaborative for Change, INC. You may not use these marks,
or confusingly similar marks or domain names, to promote your business, goods or
services, or in ways that may create the perception that Collaborative for Change
endorses your business, goods or services. In addition, all page headers, custom
graphics, button icons and scripts are service marks, trademarks and/or trade dress of
Collaborative for Change, and may not be copied, imitated or used, in whole or in part,
without prior written permission from us.
Protecting Intellectual Property / DMCA Notices
Collaborative for Change respects the intellectual property of others, and requires that
our users do the same. You may not upload, embed, post, email, transmit or otherwise
make available any material that infringes any copyright, patent, trademark, trade secret
or other proprietary rights of any person or entity. It is our policy to terminate, in
appropriate circumstances, the accounts of repeat infringers.
If you believe your work has been copied and posted on or through the Services in a
way that constitutes copyright infringement, please send Collaborative for Change’
Copyright Agent a DMCA notification of claimed infringement with all of the following
information:
(a) the URL or specific identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient
to permit us to locate such material on Collaborative for Change (providing the URL(s) of
the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your
notification is accurate and that you are the copyright owner or are authorized to act on
behalf of the copyright owner; and
(f) your physical or electronic signature. Please notify Collaborative for Change’
Copyright Agent of the claimed infringement at the following address:
Linda Joy Kattwinkel, Esq.
COLLABORATIVE FOR CHANGE DMCA Agent
OWEN, WICKERSHAM & ERICKSON, P.C.
One Concord Center
2300 Clayton Rd., Ste. 1400
Concord, CA 94520
If you receive a notice from Collaborative for Change that we have received an
infringement claim about Your Content, and you believe that the content is not infringing,
or that you have authorization from the intellectual property owner, or pursuant to the
law, to post and use the content, you may send a counter-notice. Our infringement
notice will give you specific guidelines for doing so.
Prohibited Commercial Use
While we welcome content about what you or your organization is doing about climate
change, you may not use our site for overtly commercial purposes, such as to solicit
funds or sell products or services. Illegal and/or unauthorized use of the Collaborative for
Change Services, including without limitation, collecting usernames, user ID numbers,
and/or email addresses of Users by electronic or other means for the purpose of sending
unsolicited email, or unauthorized framing of or linking to Collaborative for Change, or
employing third party promotional sites or software to promote anything for money, is
prohibited.
You may not post an unauthorized commercial advertisement, or accept payment or
anything of value from a third person in exchange for your posts or for performing any
commercial activity through Collaborative for Change.
Additional Prohibited Activities
Criminal or tortious activity, including, but not limited to, child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, defamation,
stalking, spamming, spimming, sending of viruses or other harmful files, copyright
infringement, trademark infringement, patent infringement, or theft of trade secrets;
Circumventing or modifying any security technology or software that is part of
Collaborative for Change Services (or attempting or assisting anyone else to do so);
Using viruses, bots, worms, or any other computer code, files or programs that
interrupt, destroy or limit the functionality of our Services; or otherwise interfering with,
disrupting, or creating an undue burden on Collaborative for Change Services or our
networks or servers;
Modifying, copying, distributing, downloading, scraping or transmitting in, through, or
in connection with Collaborative for Change Services;
Providing or using “tracking” or monitoring functionality in connection with the
Collaborative for Change Services, including, without limitation, to identify other Users’
views, actions or other activities;
Impersonating or attempting to impersonate Collaborative for Change or a
Collaborative for Change employee, administrator or moderator, another Member, or
person or entity (including, without limitation, the use of email addresses associated with
or of any of the foregoing);
Using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting anyone to access your account;
Using any information obtained from Collaborative for Change Services to harass,
abuse, or harm another person or entity;
Using invalid or forged headers to disguise the origin of any content transmitted to or
through Collaborative for Change’s computer systems, or otherwise misrepresenting
yourself or the source of any message or content;
Using any automated system, including, but not limited to, scripts or bots in order to
harvest email addresses or other data from Collaborative for Change for sending
unsolicited or unauthorized material;
Using click-throughs generated through any manner that could be reasonably
interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
Using Collaborative for Change Services in a manner inconsistent with applicable law.
Removal / Termination for Unauthorized Content or Activity
Collaborative for Change reserves the right to investigate and take appropriate legal
action against anyone who, in our sole discretion, posts content in violation of these
provisions, engages in any prohibited commercial use or additional prohibited activities,
or otherwise violates these provisions. Violating the policies outlined here may result,
without notice or explanation, in removal of the offending material, suspension of your
access or a disabled account, termination of your account,
and/or reporting such activity to law enforcement authorities.
Collaborative for Change assumes no responsibility for monitoring the Services for
inappropriate content or conduct. Even if Collaborative for Change chooses, in its sole
discretion, to monitor the Services, we assume no responsibility for the content, no
obligation to modify or remove any inappropriate content, and no responsibility for the
conduct of the user submitting such content.
If you become aware of a misuse of the Collaborative for Change Services, please
contact us at [email protected]
No Confidentiality
Except as otherwise described in our Privacy Policy, available at [ihttps://www.collaborativeforchange.org/privacy-policy], as between you and Collaborative for Change, Your Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Your Content. You Acknowledge and agree that your relationship with Collaborative for Change is not confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place Collaborative for Change in a position that is any different from the position held by members of the general public, including with regard to Your Content.
We do not allow crawling, scraping, caching or otherwise accessing any content on the
Services via automated means, including but not limited to, user profiles and photos
(except as may be the result of standard search engine protocols or technologies used
by a search engine with Collaborative for Change’s express consent); however, we
cannot warrant that unauthorized activities of this sort will not happen.
Advertising / Other Content
Collaborative for Change may display advertisements, promotions, and other information
alongside Your Content, and you will not be entitled to any compensation in connection
with such postings. You acknowledge that we may not always identify paid services or
sponsored content.
We have no control over, and do not guarantee or endorse, the accuracy or legality of
any User content, of any advertising, or any product or service appearing or promoted
on the site. Such content does not necessarily reflect the views of Collaborative for
Change.
Third Party Links
The Services, content on Collaborative for Change, or communications you receive from
the Services, may include links to third-party websites or features. Such links may allow
interactions between the Services and third-party websites or services, including
applications that connect the Services or your Collaborative for Change Profile with a
third-party’s website or feature. For example, the Services may include a feature that
enables you to share your Content with a third party, which may be publicly posted on
that third party site. Such services typically require you to login to your account on the
third-party service, and you do so at your own risk. Collaborative for Change does not
control any of these third-party services or any of their content.
You expressly acknowledge and agree that Collaborative for Change is in no way
responsible or liable for any such third-party services or features. YOUR
CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND
THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that
connect the Services or your Collaborative for Change Profile with a third-party service
(each, an Application) and such Application may interact with, connect to or gather
and/or pull information from and to your Collaborative for Change Profile. By using such
Applications, you acknowledge and agree that if you use an Application to share
information, you are consenting to information from your Collaborative for Change Profile
being shared; your use of an Application may cause personally identifying information to
be publicly disclosed and/or associated with you, even if Collaborative for Change has
not itself provided such information; and you use the Application at your own option and
risk, and you will hold us harmless for activity related to the Application.
Idea Submissions
It is Collaborative for Change’s policy not to accept or consider ideas, suggestions or
other materials other than those we have specifically requested and to which this
Agreement may apply. This is to avoid any misunderstandings if your ideas are similar to
those we develop independently. Accordingly, Collaborative for Change does not accept
unsolicited materials or ideas. If, despite our policy, you choose to send us content
(excluding Your Content), information, ideas, suggestions, or other materials, you further
agree that Collaborative for Change is free to use any such content, information, ideas,
suggestions or other materials, for any purposes whatsoever, including, without
limitation, developing and marketing products and services, without any liability or
payment of any kind to you.
Territorial Restrictions
The Services are not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to local law or
regulation or which would subject Collaborative for Change to any local registration
requirement. Collaborative for Change reserves the right to limit the availability of the
Services or any portion of the Services, to any person, geographic area, or jurisdiction,
at any time and in our sole discretion, and to limit the quantities of any content, program,
product, or other feature of the Services.
Software related to or made available by the Services may be subject to United States
export controls. Thus, by downloading any software related to the Services, you warrant
that you are not located in, or a national or resident of any country to which the United
States has embargoed goods; and you are not on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny
Orders.
Accessibility
It is our policy to ensure that everyone, including persons with disabilities, has full and
equal access to our Services. Our site is coded to be ADA compliant as measured by
Google Lighthouse https://developers.google.com/web/tools/lighthouse. The site is
compatible with most major Internet browsers including Chrome, FireFox, and Safari.
The site may not perform optimally on Internet Explorer and older browser versions.
We use advanced accessibility technology, including AI-based optimizations and
software, to improve compliance with the Web Content Accessibility Guidelines (WCAG)
2.1 AA https://www.w3.org/TR/WCAG21/. We continue our efforts to constantly improve
the accessibility of our Services. Despite our efforts, some content may not have yet
been fully adapted to the strictest accessibility standards. This may be a result of not
having found or identified the most appropriate technological solution.
Disclaimers
Although it is Collaborative for Change’s intention for the Services to be available as
much as possible, sometimes the Services may be interrupted, including, for example,
for scheduled maintenance or upgrades, emergency repairs, or due to failure of our
servers or other equipment.
Collaborative for Change reserves the right to remove any content from the Services for
any reason, without prior notice. Removed content may still be stored by Collaborative
for Change, for purposes of complying with certain legal obligations or other reasons, but
it may not be retrievable without a court order. Therefore, Collaborative for Change
encourages you to maintain your own backup of Your Content. In other words,
Collaborative for Change is not a backup service and you agree that you will not rely on
the Services to store or safeguard Your Content. Collaborative for Change will not be
liable to you for any modification, suspension, or discontinuation of the Services, or the
loss of any content.
You also acknowledge that the Internet may be subject to security breaches and that the
submission of content or other information to Collaborative for Change may not be
secure. Collaborative for Change is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, or other technical problems or online traffic
congestion, including, without limitation, any injury or damage to any person’s computer
related to or resulting from participation or downloading materials in connection with the
Services. UNDER NO CIRCUMSTANCES SHALL COLLABORATIVE FOR CHANGE
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT
LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE
SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES,
WHETHER ONLINE OR OFFLINE.
THE SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE, AND
COLLABORATIVE FOR CHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION OR FREEDOM FROM HARMFUL COMPONENTS INCLUDING
WITHOUT LIMITATION COMPUTER VIRUSES. COLLABORATIVE FOR CHANGE
DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. COLLABORATIVE
FOR CHANGE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF THE SERVICES.
Limitation on Collaborative for Change’s Liability
IN NO EVENT SHALL COLLABORATIVE FOR CHANGE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF COLLABORATIVE FOR
CHANGE OR THE SERVICES, EVEN IF COLLABORATIVE FOR CHANGE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF
COLLABORATIVE FOR CHANGE TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO COLLABORATIVE FOR CHANGE FOR
THE SERVICES DURING THE TERM OF YOUR ACTIVE ACCOUNT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR
JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
New Jersey Users. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING
SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF
LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER
THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE
SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW
JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY
OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
International Users. Users from outside the United States are responsible for complying
with all laws of their own country, and for any violations of United States export controls,
including without limitation any United States embargoes or other federal rules and
regulations restricting exports.
California Users. Users from California are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of
the California Department of Consumer Affairs may be contacted in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210. You may contact us at the contact information listed below.
Jurisdiction / Dispute Resolution
The Agreement shall be governed by, and construed in accordance with, the laws of the
State of California, without regard to its conflict of law provisions. If a dispute arises
under this Agreement, you agree to promptly notify Collaborative for Change of the
dispute and to work together with us in good faith to attempt to resolve it. If we are
unable to resolve the dispute, either party may commence mediation through the Arts
Arbitration and Mediation Services of California Lawyers for the Arts in Northern
California, or other venue mutually agreeable to both parties. If litigation is necessary,
you agree to submit to the exclusive jurisdiction of the federal or state courts located in
the Northern District of California to resolve any dispute arising out of the Agreement or
the Services. You agree that the Collaborative for Change website shall be deemed
solely based in California; and the Collaborative for Change website shall be deemed a
passive website that does not give rise to personal jurisdiction over Collaborative for
Change, either specific or general, in jurisdictions other than California.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with
Collaborative for Change must be filed or submitted to mediation within one year after
such claim arose; otherwise, your claim is permanently barred.
Indemnity
You agree to indemnify and hold Collaborative for Change, its subsidiaries, and
affiliates, subcontractors and other partners, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand, including,
but not limited to, reasonable attorneys; fees, made by any third party due to or arising
out of your use of the Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and warranties set
forth in this Agreement and/or any content that you post on, through or in connection
with the Services.
Termination
This Agreement and any modifications thereof shall remain in full force and effect while
you use the Services. Collaborative for Change may terminate your account at any time,
for any or no reason, with or without prior notice or explanation, and without liability.
General
You agree to these Collaborative for Change Terms of Use (even if you have not read
them) when you first use the Collaborative for Change website or any of the Services
and you further affirm your acceptance by opening a Collaborative for Change Member
account and entering your electronic signature via our click-through function. Your
agreement with Collaborative for Change will always include this Agreement at a
minimum along with its modifications.
You agree that you are responsible for all data charges you incur through use of the
Service.
The failure of Collaborative for Change to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining provisions.
Communications
You are solely responsible for your interaction with other users of the Services, whether
online or offline. You agree that Collaborative for Change is not responsible or liable for
the conduct of any user. Collaborative for Change reserves the right, but has no
obligation, to monitor or become involved in disputes between you and other users.
Exercise common sense and your best judgment when interacting with others, including
when you post Your Content or any personal or other information.
If you have any questions or concerns, please contact us by email.