Terms of Use
Thank you for your interest in Atma Connect (“Atma Connect,” “we,” or “us”) and our websites at atmaconnect.org, along with our related websites (collectively, our “Sites”). These Terms of Use are a legally binding contract between you and Atma Connect regarding your use of the Sites.
By accessing, using or downloading any information and materials from the Sites, you acknowledge that you are at least 13 years of age and you agree to be bound by these terms and conditions, including the Atma Connect Privacy Policy, which discusses our collection, use, and disclosure of your personal information, located at https://atmaconnect.org/privacy-policy/ (together, the “Terms”). If you do not agree to the Terms, then please do not use the Sites.
Please note that we have broken the Terms down into expandable sections for your ease of use and navigation. We recommend that you read the Terms in their entirety to fully understand what you are agreeing to.
1. About Us
Atma Connect is a California-based organization. We create software products and digital services to connect people so they can report problems, share solutions, and improve their communities. We envision a world where neighbors help neighbors prepare for disasters, improve access to basic needs, and overcome chronic challenges. The Sites offers resources and information pertaining to our mission, including but not limited to signing up to receive our newsletter, to make donations, and to request to be contacted. Various reports and resources are also made available to users.
2. Donations
You may donate to Atma Connect by using the “Donate” link on the Sites. ALL DONATIONS ARE FINAL AND NONREFUNDABLE UNLESS ATMA CONNECT DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE. Please note that when making a donation via the Sites, you exit the Sites and enter the site of a third party donation processor. All donation payment transactions are handled directly by such third party donation processor, and not by Atma Connect. Such third party donation processor may have independent terms of service and privacy policy which you will be subject to when making a donation using such third party donation processor’s service, and we encourage you to review all such terms prior to making any donation.
3. Prohibited Conduct
You will not:
- use the Sites for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Sites, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Sites except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Sites or any user’s enjoyment of the Sites, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) attempting to collect personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth;
- attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
4. Other Sites and Resources
The Sites may include links to other sites and resources. Because Atma Connect has no control over such sites and resources, you acknowledge and agree that Atma Connect is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Atma Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or sites available on or through any such site or resource.
5. Discontinuation and Modification of the Sites
Atma Connect may in its sole discretion suspend or terminate your access to the Sites at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Sites or any suspension or termination of your access to or use of the Sites.
6. Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change, such as providing notice through a pop-up or banner within the Sites, by sending an email to any address you may have submitted to us, or through other mechanisms, and you may be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
7. Ownership; Proprietary Rights
The Sites are owned and operated by Atma Connect. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by Atma Connect are protected by intellectual property and other laws. All Materials included in the Sites are the property of Atma Connect or our third-party licensors. Except as expressly authorized by Atma Connect, you may not make use of the Materials. Atma Connect reserves all rights to the Materials not granted expressly in these Terms.
8. Your Responsibilities
You are responsible for your use of the Sites, and you will defend and indemnify Atma Connect and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Atma Connect Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Sites; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
9. Disclaimers; No Warranties
THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ATMA CONNECT ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ATMA CONNECT ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE Atma Connect ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
IN NO EVENT WILL THE ATMA CONNECT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ATMA CONNECT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE ATMA CONNECT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND Atma Connect UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Atma Connect. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Atma Connect agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California, for the purpose of litigating any dispute.
12. Entire and Exclusive Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Atma Connect regarding your use of the Sites. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3 through 13, along with the Privacy Policy and any other accompanying agreements, will survive.
13. Dispute Resolution and Arbitration
- Generally. Any dispute between you and Atma Connect with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in San Francisco, California, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Atma Connect.
- No Class Actions. YOU AND ATMA CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Atma Connect 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.
- Enforceability. If Section 2 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms.
14. Consent to Electronic Communications
By using the Sites, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
. If Section 2 is found to be unenforceable or if the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms.
15. Contact Information
- The Sites are offered by Atma Connect, located in Oakland, California. You may contact us by sending correspondence emailing us at https://atmaconnect.org/get-in-touch/