DISASTERREADY.ORG AND NONPROFITREADY.ORG TERMS OF USE

(Last updated October 6, 2017)

This Terms of Use Agreement (“Terms of Use”, or “Agreement”) between you and Cornerstone OnDemand Foundation, a 501(c)(3) organization (“Foundation”, “CSODF”, “we”, “us”, or “our”) sets forth the legally binding terms for your use of the disasterready.org or nonprofitready.org websites (including all areas of the sites), any successor websites, as well as the services, software, and applications provided online and/or made available offline through or in connection with the service, including through a mobile device (collectively, “DisasterReady or NonprofitReady” or “Service”).  By accessing or using the Service you signify that you have read, understood, and agree to be bound by the Terms of Use.  DisasterReady and NonprofitReady are non-profit online initiatives.

This Agreement includes the rights, obligations, and restrictions regarding your use of DisasterReady or NonprofitReady and content posted on DisasterReady or NonprofitReady.  Please see our Privacy Policy for more information about how we collect, use, and share information on DisasterReady and NonprofitReady.

The Foundation may modify this Agreement at any time and such modification shall be effective upon posting by us of the updated terms at https://www.nonprofitready.org/terms-page. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of DisasterReady or NonprofitReady following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.  If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

1. DESCRIPTION OF SERVICE

DisasterReady and NonprofitReady offer online courses, information, and training materials on humanitarian assistance and nonprofit topics and CSODF activities.  DisasterReady and NonprofitReady enable a user to do some or all of the following: view online content (e.g., in the form of text, images, video, flash); take online classes; connect with other users; participate in online discussions; create online communities pertaining to specific topics create and/or administer classes; and purchase services offered by CSODF.  Unless explicitly stated otherwise, any new features that augment or enhance the current DisasterReady or NonprofitReady offering shall be subject to the terms and conditions of this Agreement. Neither DisasterReady nor NonprofitReady may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of DisasterReady or NonprofitReady, except to the limited extent expressly permitted by this Agreement.

2. REGISTRATION

In consideration of your use of DisasterReady or NonprofitReady, you represent that you are not a person barred from using DisasterReady or NonprofitReady under the laws of the United States or other applicable jurisdiction.  You also agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on DisasterReady or NonprofitReady (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CSODF, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account.  If you provide any information that is untrue, inaccurate, not current or incomplete, or CSODF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CSODF has the right to suspend or terminate your account and refuse any and all current or future use of DisasterReady or NonprofitReady.

No part of DisasterReady or NonprofitReady is intended for users under 13 years of age.  Any registration, use, or access to DisasterReady or NonprofitReady by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement.

You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of DisasterReady or NonprofitReady, including without limitation, those related to data privacy. You agree to immediately notify CSODF of any unauthorized uses of the account or any other breaches of security.  CSODF cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may never use another user’s account without permission. You must notify CSODF immediately of any breach of security or unauthorized use of your account.  Although CSODF will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of CSODF or others due to such unauthorized use. By providing CSODF your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your account settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

All user names and passwords remain the property of CSODF and may be cancelled, changed or suspended at any time by CSODF without notice.  CSODF is not under any obligation to verify the actual identity or authority of the user of any user name or password.

3. OWNERSHIP OF CONTENT AND LIMITED LICENSE

The following definitions apply to material on the Service:

(a)   “Content” means any and all content, including, without limitation, photos, profiles, messages, notes, text, courses, information, music, video, advertisements, listings, and other content appearing anywhere on DisasterReady or NonprofitReady at any time.

(b) “User Content” means any and all Content that you upload, publish, offer, display (collectively, “post”) transmit, sell, share, and/or otherwise make available on and/or through DisasterReady or NonprofitReady.

(c)    “Partner Content” means any and all Content that a Partner posts, transmits, shares, and/or otherwise makes available on and/or through DisasterReady or NonprofitReady.  A “Partner” is a content provider that has agreed to share training resources with DisasterReady or NonprofitReady and whose name and description may appear on the Partners tab on DisasterReady (www.disasterready.org/partners) or NonprofitReady (https://www.nonprofitready.org/friends), as may be updated from time to time.  Please note, however, that the use of the word Partner as defined herein does not create a legal partnership between CSODF and a given Partner or Partners; all are and continue to be separate independent entities.     

(d)“Third Party Content” means any and all Content that a party other than you, a Partner, or CSODF posts, transmits, shares, and/or otherwise makes available on and/or through DisasterReady or NonprofitReady.

(e) “Site Content” means any and all Content that is neither User Content nor Third Party Content.

DisasterReady, NonprofitReady, and all Site Content are the property of CSODF, its users, its Partners, or its licensors, with all rights reserved.  Neither DisasterReady nor NonprofitReady nor any Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CSODF’s prior written permission.

CSODF grants you a limited license to access any portion of the Site Content to which you have properly gained access, solely for your personal use, and provided that you keep all copyright or other proprietary notices intact.  Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.

Your rights to use Third Party Content are governed by the applicable Third Party License Terms that are established by those Third Parties from time to time.

Any use of DisasterReady or NonprofitReady or the Site Content other than as specifically authorized herein, without the prior written permission of CSODF, or the applicable Partner, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time without notice and with or without cause.  Appropriate legal action will be taken for any unauthorized use of the Service.

4. TRADEMARKS

“Cornerstone,” “Cornerstone OnDemand,” “CSOD” and other Cornerstone graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Cornerstone OnDemand, Inc.  “Cornerstone OnDemand Foundation,” “DisasterReady,” “NonprofitReady,” and other CSODF graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of CSODF.  Trademarks and trade dress of Partners used by CSODF as attribution as a contributor to DisasterReady or NonprofitReady are used by permission of the respective holders and are the property of the respective owners.  Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.

Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.

5. INFORMATIONAL PURPOSE OF SITE CONTENT

The Site Content is for informational purposes only.  

Medical Information.  To the extent any Site Content contains information about medical subject matter or topics, you acknowledge that the Site Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and is not intended to replace the relationship between you and your physician or other medical provider.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Service.  CSODF is not a licensed medical care provider and has no expertise in diagnosing, examining, preventing, or treating medical conditions of any kind.  If you think you may have a medical emergency, call your doctor or 911 immediately.

6. EMAIL COMMUNICATION

By registering to this service, you agree to receive regular email communication from the service in which you signed up (DisasterReady or NonprofitReady).  These emails are part of the activities and processes available to you in the system.  Examples include but are not limited to:

  • Welcome emails with information about DisasterReady or NonprofitReady depending on which service for which you signed up, login, and password recovery
  • Instructional emails with information about navigating the portal
  • Announcements of new learning resources
  • Recommendations of relevant learning resources
  • Reminders of expiring resources not completed
  • Updates about CSODF, CSODF activities, and CSODF programs to which Nonprofits could apply

Your email will not be shared with external third parties. CSODF will not send you any marketing emails.

7. USER CONTENT

You are solely responsible for all User Content.  You understand and agree that CSODF may, but is not obligated to, review, delete, and/or remove User Content (without notice) in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of CSODF, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. You agree that you will not:

(a) Post, transmit, sell, share or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Post, transmit, sell, share or otherwise make available any User Content that you did not create or that you do not have permission to post, transmit, sell, or share;

(c) Post, transmit, sell, share or otherwise make available any User Content (i) that violates any federal, provincial, foreign or local law or regulation, (ii) for which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or (iii) that CSODF determines, in its sole discretion, is inappropriate for distribution through DisasterReady or NonprofitReady;

(d) Post, transmit, sell, share or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; and

(e)Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content.

You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to CSODF.  When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.

8. USE OF SERVICE

You agree that by utilizing and/or accessing the Service you will not

(a) Post, transmit, sell, share or otherwise make available unsolicited commercial email or “spam”.  This includes, without limitation, unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;

(b) Use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the CSODF servers than a human can reasonably produce in the same period of time by using a conventional online web browser;

(c) Post, transmit, sell, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(d) Interfere with or disrupt DisasterReady, NonprofitReady or servers or networks connected to DisasterReady or NonprofitReady, or disobey any requirements, procedures, policies or regulations of networks connected to DisasterReady or NonprofitReady;     

(e) Harm, stalk, harass or otherwise violate the rights of others in any way in your use of DisasterReady or NonprofitReady;

(f) Impersonate any person or entity, including, but not limited to, a CSODF official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(g) Intentionally or unintentionally violate any applicable local, state, national or international law;

(h) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

(i) Exceed the scope of any DisasterReady or NonprofitReady service or product for which you have registered; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons;

(j) Not to collect or harvest any personally identifiable information, including account names, from the Service.

You understand that, by using DisasterReady or NonprofitReady, you may be exposed to Content that you consider to be offensive, indecent or objectionable. You acknowledge that CSODF does not pre-screen User Content, Partner Content, or Third Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content or Site Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

CSODF respects the intellectual property and other rights of others, and we ask you to do the same.  You are prohibited from uploading, posting or otherwise transmitting on or through DisasterReady or NonprofitReady any Content that violates another party’s intellectual property and other rights.  CSODF is not responsible for the conduct of its users, and has no responsibility or liability for User Content or for the loss or corruption thereof.

It is CSODF’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of CSODF and/or others.

10. DIGITAL MILLENIUM COPYRIGHT ACT

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify CSODF’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1.An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2.Identification of the copyrighted work that you claim has been infringed;

3.Identification of the material that is claimed to be infringing and where it is located on the Service;

4.Information reasonably sufficient to permit CSODF to contact you, such as your address, telephone number, and, e-mail address;

5.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6.A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Cornerstone OnDemand Foundation

Address: 1601 Cloverfield Blvd., Suite 620 North, Santa Monica CA 90404

Telephone: (310) 752-0200

Fax: (310) 752-0199

Email: info@csodfoundation.org

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying CSODF and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with CSODF’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, CSODF has adopted a policy of terminating, in appropriate circumstances and at CSODF’s sole discretion, members who are deemed to be repeat infringers. CSODF may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. DISASTERREADY AND NONPROFITREADY PREMIUM SERVICES (“DR+”, “NPR+)

A portion of DisasterReady, DR+, and NonprofitReady, NPR+ requires registration (and, in some cases, payment) in order for you to access it. DR+ and NPR+ contain certain customizable enterprise features enabling organizations (each an “Entity”) to utilize learning management tools via a secure portal unique and private to their organization (an “Enterprise Portal”).

DR+ and NPR+ enable you, if authorized by an Entity via a specified log-in, to post User Content that is solely visible to authorized private users of a given Entity’s secure portal, and communicate with other workers within your Entity in real time.

Enterprise Portal Administration

Each Enterprise Portal may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Enterprise Portal (the “Portal Administrator”). Enterprise Portals may exist on DR+ or NPR+ absent a Portal Administrator; in such case users are responsible for conducting themselves in accordance with this Agreement.

 

From time to time, users may be asked to confirm their DR+ or NPR+ access account via an email message containing a hyperlink to the user’s email address.  If such account is not reconfirmed, the account is removed. Once a user is removed from an Enterprise Portal, the content of that user remains on the applicable Enterprise Portal and is the sole property of the Entity which administers that Enterprise Portal.

 

Users should follow their particular Entity’s policies, guidelines, and procedures concerning the User Content they post to an Enterprise Portal.  Users may delete their own User Content from an Enterprise Portal, so long as they are an authorized member of such Enterprise Portal. Portal Administrators may delete the User Content of one or more users in their Enterprise Portal.

Additional Goods & Services

CSODF and its authorized Partners, may from time to time offer goods and services through DR+ or NPR+, available via subscription and/or a la carte (“Third Party Transaction”).  All transactions conducted in connection with this aspect of DisasterReady or NonprofitReady are subject to and governed by such guidelines as CSODF posts from time to time (the “Guidelines”), as well as this Agreement.  The Guidelines are subject to change without prior notice at any time, in CSODF’s sole discretion, so you should review the Guidelines before each Third Party Transaction.  Your engagement in any Third Party Transaction is deemed your acceptance of such Guidelines.

Notwithstanding the foregoing, you are solely responsible for your interactions with other users of DisasterReady or NonprofitReady. Parties to a Third Party Transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through DisasterReady or NonprofitReady.  You acknowledge that CSODF, and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns (the “CSODF Parties”) are not responsible or liable for any action or inaction of any Third Party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third Party Transaction. The capability to conduct Third Party Transactions or otherwise deal with Third Parties through DisasterReady or NonprofitReady is provided by CSODF “as is” expressly without warranties of any kind (including the availability of the marketplace) and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any User Content provided by you to the Site, and that CSODF has no responsibility or liability for any breach by Third Parties of such Third Party License Terms, and that you are solely responsible therefor.

Any fees or payments collected by CSODF applicable to any such transactions are set forth on DisasterReady and NonprofitReady, and all terms and conditions applicable to such fees are set forth in this Agreement. However, please note that your purchases of products or services from Third Parties through DisasterReady or NonprofitReady are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction.  In connection with any such purchases of products or services from Third Parties, DisasterReady or NonprofitReady is a passive conduit.

12.  MARKETPLACE

Some courses in the DisasterReady and NonprofitReady libraries are provided by organizations that require membership to access.  These courses are available in the Marketplace section of DisasterReady or NonprofitReady.  By launching a learning resource in the Marketplace, you are agreeing to allow DisasterReady or NonprofitReady to share your name, email address, location, and data related to the use of this learning resource to the partner providing this learning resource.  This is for the purpose of offering you additional information about the partner’s services and offerings and your data cannot be shared or sold in any other manner.

13. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside.

14. LINKS

We may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because CSODF has no control over such sites and resources, you acknowledge and agree that CSODF is not responsible for the availability of such external 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 CSODF 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 services available on or through any such site or resource.

15. INDEMNITY AND RELEASE

You agree to defend, indemnify and hold harmless CSODF and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; and (vii) any dispute you have with one or more of our users or any Third Party providing goods and services through DisasterReady or NonprofitReady.

16. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A.  YOUR USE OF DISASTERREADY OR NONPROFITREADY IS AT YOUR SOLE RISK.  DISASTERREADY AND NONPROFITREADY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  CSODF, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT, OR OF AVAILABILITY OR RESULTS.  CSODF DOES NOT WARRANT THAT (I) DISASTERREADY OR NONPROFITREADY WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) DISASTERREADY OR NONPROFITREADY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DISASTERREADY OR NONPROFITREADY WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DISASTERREADY OR NONPROFITREADY WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN DISASTERREADY OR NONPROFITREADY WILL BE CORRECTED.  CSODF IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT, PARTNER CONTENT, OR THIRD PARTY CONTENT.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DISASTERREADY OR NONPROFITREADY IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, AND DAMAGES THAT ARISE FROM OR RELATE TO SUCH MATERIAL.  CSODF ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.  CSODF IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH DISASTERREADY OR NONPROFITREADY.

B.  UNDER NO CIRCUMSTANCES WILL CSODF BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF DISASTERREADY OR NONPROFITREADY, ANY USER CONTENT POSTED ON OR THROUGH DISASTERREADY OR NONPROFITREADY, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. YOU POST USER CONTENT ON DISASTERREADY OR NONPROFITREADY AT YOUR OWN RISK.

C.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DISASTERREADY OR NONPROFITREADY IS DONE AT YOUR OWN DISCRETION AND RISK AND, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM DISASTERREADY OR NONPROFITREADY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

E.  CSODF RESERVES THE RIGHT TO CHANGE ANY AND ALL SITE CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN OR ON DISASTERREADY OR NONPROFITREADY AND ANY SERVICES OFFERED THROUGH DISASTERREADY OR NONPROFITREADY AT ANY TIME WITHOUT NOTICE.

F.  REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY CSODF.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL CSODF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CSODF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CSODF’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE: (i) AMOUNT PAID, IF ANY, BY YOU TO CSODF FOR DISASTERREADY OR NONPROFITREADY DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM(S) AROSE; OR (ii) THE SUM OF ONE THOUSAND DOLLARS ($1,000).  THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CSODF FOR DISASTERREADY OR NONPROFITREADY, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE CSODF PARTIES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CSODF SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by CSODF from its facilities in the United States of America. CSODF makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18. NOTICE

You acknowledge that CSODF may establish general practices and additional limits concerning use of DisasterReady and NonprofitReady. Notices to you may be made via email or website posting.  CSODF may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on DisasterReady or NonprofitReady.  Your agreement to these Terms of Use constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed DisasterReady or NonprofitReady in an authorized manner.

18. GENERAL

Independent Contractors.  You and CSODF are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Entire Agreement.  The Agreement, including the Privacy Policy, the information provided to you and by you during the sign-up process and during the upgrade/downgrade of your account, and any other documents that are incorporated into this Agreement by reference, constitutes the entire agreement between you and CSODF and governs your use of DisasterReady or NonprofitReady, superseding any prior agreements between you and CSODF (including, but not limited to, any prior versions of the Agreement).  You also may be subject to additional terms and conditions that may apply when you use other CSODF services, Third Party Content, third-party software or third-party services offered through DisasterReady or NonprofitReady.

Choice of Law and Forum.  You and CSODF each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement, or the relationship between you and CSODF, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and CSODF agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms.  The failure of CSODF to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Statute of Limitations.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Force Majeure.  CSODF shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder which is due in whole or in part to an event beyond of the control of CSODF.

Language.  The governing language of the Agreement is English, which shall prevail over any other language used in any translated document.

19. VIOLATIONS

Please report any violations of the Agreement to info@cornerstoneondemand.org.

Copyright 2017 Cornerstone OnDemand Foundation.  All rights reserved.

 

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