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iNEGU APP TERMS & CONDITIONS

 

Terms of Use   Effective Date: August 1, 2017.   

Jessie Rees Foundation Inc. (“Jessie Rees Foundation,” “us,” “we,” or “our”) operates the iNEGU mobile application (“App”) and certain other related products and services as a free service (collectively, the “Service”) to help families impacted by childhood cancer stay encouraged through multiple communications channels including video and text from those contact groups that a family has approved. Your use of the Service is subject to these Terms of Use.   Please make sure that you read and understand these Terms of Use. These Terms of Use are a legal agreement between you and Jessie Rees Foundation that govern your use of the Service. By using the Service, you are agreeing to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, please do not click the “I Agree” button or box, create an account, or use our Service.   We may, at any time, modify these Terms of Use. If we modify these Terms of Use, we will post our modified Terms of Use on our website or through the Service. By continuing to use our Service, you agree that you accept all of our modifications to these Terms of Use. If you do not agree to the new Terms of Use, you must stop using the Service.   Eligibility

  • Age Restrictions. By accepting these Terms of Use, you affirm that you are (a) (i) at least eighteen (18) years old, or (ii) at least thirteen (13) years old and have the permission of a parent or guardian to access the Service, and (b) have full power and authority to enter into these Terms of Use and doing so will not violate any other agreement to which you are a party. If you are under the age of thirteen (13), please do not access or use our Service until you are at least thirteen (13) years old. For clarity, to create and maintain an individual iNEGU individual account, you must be at least 18.

Individual iNEGU Accounts

  • Creation of Accounts. When you use our Service, you may be creating and maintaining, on behalf of yourself or another person, an account (“Account”). To create an Account on behalf of someone else, you need to have their express permission. If they are not able to provide permission due to their age (g., minor child) or circumstances (e.g., illness), you must be authorized to act on behalf of the person for whom the Account is created or have the permission of a person authorized to act on that person’s behalf. Access to each Account is controlled by the privacy settings selected by the creator of the Account; more details may be found in our Privacy Policy.
  • Registration Information. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.
  • Password Security. As a registered user, you choose a unique password. You may not use the password of any other person to access the Service without their express permission. You are responsible for maintaining the confidentiality of your password and you are solely responsible for the activities of anyone accessing the Service using your password, even if you did not authorize the activities. You must notify us at support@inegu.wpengine.com immediately of any unauthorized use or suspected unauthorized use of your password. In addition, if you know or suspect your password has been compromised, you must promptly change your password. Even if you give us notice, you could be held liable for losses incurred by us or another party due to someone else using your account or password.
  • Integrated Services. You may register to use our Service, or otherwise associate your Account with, certain third party social networking or integrated services, such as Facebook Connect, LinkedIn and Google (“Integrated Services”). By registering to use our Service through (or otherwise granting access to) an Integrated Service, you agree that we may access your Integrated Service’s account information, and you agree to any and all terms and conditions of the Integrated Service regarding your use of our Service via the Integrated Service. You agree that any Integrated Service is a Linked Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing our Service through the Integrated Service. Jessie Rees Foundation does not control the practices of Integrated Services, and you should read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
  • Deletion of Accounts. Jessie Rees Foundation may, without prior notice, delete your Account. Cause for deletion includes without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the subject of an Account or a person authorized to represent that person, (d) discontinuance or material modification to the Account (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in Jessie Rees Foundation’s sole discretion and that Jessie Rees Foundation will not be liable to you or any third-party for deletion of an Account.

Security and Privacy Policy

  • You consent to the collection, processing and storage by us of your personal information in accordance with the terms of our Privacy Policy, which is available at jessie.org/privacy-policy. You agree to comply with all applicable laws and regulations, and the terms of our Privacy Policy, with respect to any personal information that you access, use and/or submit in connection with the Service.
  • You may increase the privacy of your Account by changing the status of any of your approved users. These changes can be made at any time during the lifetime of your Account.

Use of the Service

  • Use of the Service. Subject to the terms and conditions of these Terms of Use, Jessie Rees Foundation grants you a limited, revocable, non-exclusive, nonassignable, nonsublicensable license and right to access and use the Service that we provide through a generally available web browser, mobile device or application for personal, non-commercial purposes in accordance with these Terms of Use. Any other use of the Service is strictly prohibited. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Service and all related items.
  • Restrictions on Use of Service. Unless we give you permission in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, create derivative works of or commercially exploit any materials we provide or are made available by third parties through the Service, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software that Jessie Rees Foundation discloses to you, unless expressly allowed in writing (such as code provided as an educational exercise). You must not remove, alter or obscure any copyright, patent, trademark or other proprietary or restrictive notice or legend contained or included in any part of the Service, and you agree to reproduce and copy all such notices and legends on all copies of any part of the Service that you are allowed to make under these Terms of Use, if any. Any rights not expressly granted in these Terms of Use are reserved.
  • Notices. We may use many communication channels to promote our Service. You agree that we may communicate with you by posting notices or links to notices on our website or through the Service, as well as via email, SMS or texting. However, Account holders have sole discretion in who they invite to support you through our Service, including the App.
  • Promotions. You agree to receive newsletters, promotional materials, and other communications and materials relating to Jessie Rees Foundation or the Service.
  • Advertising. You agree that from time to time we may offer commercial content or display advertising.
  • Content. Some of the content available through the Service is owned by our third party partners, or individual authors and users of our Service. The materials and other content offered by third parties through the Service are provided “as is” and made available for educational, research, reference, informational and entertainment purposes only. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers. By operating the Service, we do not represent or imply that we endorse any of the materials posted through the Service or by our advertisers or that we believe that such material is accurate, useful or non-harmful.
  • Verification of Information. You grant Jessie Rees Foundation the right to independently verify any information that you provide through the Service, including information about yourself, although Jessie Rees Foundation does not routinely undertake, nor do we have any obligation to undertake, any such verification.
  • Other Users. Jessie Rees Foundation does not control, is not responsible for and makes no representations or warranties with respect to any user of our Service or their conduct. You are solely responsible for your interaction with or reliance on any other user of our Service or their conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable.
  • Indemnification. You agree to indemnify, defend and hold harmless Jessie Rees Foundation and its affiliates, and their respective officers, employees, users, licensors and partners, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, relating to or arising out of your access to or use of the Service (including any use by any user you have authorized under your Account), your breach of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or anybody using your account.

Community Guidelines and Content Restrictions   Our Service, including the App, is designed to help families and children affected by childhood cancer stay encouraged. Respect is a priority when using our Service. Your activities using the Service, including on Accounts, should be courteous and respectful.   We allow you to post a variety of content through our Service, including data, communications, text, graphics, links, audio, video, photos and other information and materials (“Content”). However, to keep our Service focused on our goals and available to our user community, we have a few rules that you need to follow when using our Service, including the App. You are not allowed to:

  • Post any Content that violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or anyone’s intellectual property or other rights.
  • Post any Content without proper attribution. Make sure that you include full links back to your original source, if applicable, and that you provide proper attribution for any Content you share that is not yours.
  • Post any Content that contains the image, name, or likeness of anyone other than yourself, unless you have first obtained that individual’s express permission;
  • Post any Content that is harmful, hateful, threatening, abusive, harassing, defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate or inflammatory.
  • Post any Content that you know (or reasonably should know) is false, deceptive or misleading.
  • Post any Content that includes private or sensitive information about any other individual, including any personal information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords, or other sensitive information such as information about that person’s sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission.
  • Pretend to be somebody else (although you may use an alias when using our Service in any manner that may identify you).
  • Solicit personal information from anyone under 18 years old.
  • Use any of our content, materials or our Service, including the App, for commercial purposes or insert your own or a third party’s advertising, branding or other promotional content into the of the Service without our written consent.
  • Use our Service for any illegal or unlawful purposes or to further any illegal activity.
  • Transmit spam, bulk or unsolicited communications.
  • Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Service.
  • Post any Content 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.
  • Harvest or collect email addresses or other contact information of other users from the Service or our website by electronic or other means.
  • Interfere with the use of the Service by others.
  • Circumvent, modify, attempt to circumvent or modify or encourage any other person to circumvent or modify any security technology or software that is part of the Service.
  • Attempt to frame or redistribute the Service.
  • Violate any applicable local, state, national, or international law.
  • Post any Content that is inconsistent with the values or the spirit of the Jessie Rees Foundation community.

We realize that some of these requirements may be subjective. We try to be fair, but we reserve the right to make any final decisions as to whether any user or Content has violated our Community Guidelines. If we conclude that you are violating our Community Guidelines we may remove your Content or suspend or terminate your Account with or without notice.   Your Content

  • Content Ownership. Jessie Rees Foundation makes no claim to ownership of any of your Content that you upload or otherwise make available through the Service. If you think any Content violates your intellectual property rights, please email support@iNEGU.org.
  • Your License Grant to Us. By posting Content on our Service, you hereby grant Jessie Rees Foundation a non-exclusive, worldwide, full paid-up and royalty-free, fully assignable, transferable, sublicensable, perpetual, irrevocable license to use, copy, perform and display publicly, distribute, prepare derivative works, and otherwise exploit such Content, in whole or in part, throughout the world in any form, format, or medium now or hereafter known. You represent and warrant that you have all the rights necessary to allow Jessie Rees Foundation and third-party providers to use your Content as set forth in these Terms of Use and transfer any Content that you may provide to us anywhere in the world.
  • Your Warranties with Respect to Your Content. By posting Content on our Service, you represent and warrant that the posting of your Content does not violate these Terms of Use or applicable laws.
  • Right, but Not Obligation, to Monitor Content. Jessie Rees Foundation does not and shall not have any obligation to review Content, and therefore we do not guarantee the accuracy, integrity or quality of Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on our Service. We do, however, reserve the right to review any or all Content in our sole discretion. In addition, we reserve the right to alter, edit or remove any Content, in whole or in part, at our sole discretion and without liability to us.
  • Your Use of Content Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Content posted by others except as expressly set forth in these Terms of Use or allowed by law.

Jessie Rees Foundation Intellectual Property

  • The Service, including all of the software, software code comprising or used to operate the App, all Accounts and all content, trademarks, copyrighted works and other materials provided by Jessie Rees Foundation is owned by Jessie Rees Foundation, affiliated companies and/or third-party licensors, and are protected by copyrights, trademarks and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Jessie Rees Foundation, or affiliated companies and/or third-party licensors.

  Feedback

  • By submitting any feedback, suggestions, questions, comments and the like (“Feedback”) to Jessie Rees Foundation, you agree that we are free to use the Feedback for any purpose without any restriction or compensation to you. Our use of Feedback may include but is not limited to developing, marketing and selling products. By receiving your Feedback, we do not give up any rights to use similar or related feedback, ideas, concepts, know-how, techniques or other information previously known to us, or developed by our employees, or obtained from sources other than you.
  • Jessie Rees Foundation does not wish to receive confidential or proprietary ideas. All Feedback submitted to Jessie Rees Foundation through our Service shall be considered NON-CONFIDENTIAL and NON-PROPRIETARY.

Third Party Links; App Distributors

  • Linked Sites. Jessie Rees Foundation may provide links to third-party websites or other resources (“Linked Sites”). Jessie Rees Foundation has no control over these Linked Sites, and is not responsible for the operation of any Linked Site. Jessie Rees Foundation offers these links as a convenience only, and the availability of any Linked Site is not an endorsement of the content, or any products or services available on these Linked Sites, or an endorsement of any Linked Site’s owners, or its providers. You acknowledge and agree that you access these Linked Sites at your own risk. Any interactions or business dealings with advertisers or third parties other than Jessie Rees Foundation found on or through our Service are solely between you and such advertiser or other third party. Without limiting any of the above, Jessie Rees Foundation will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Linked Website.
  • App Distributors. These Terms of Use are between you and Jessie Rees Foundation only. We use certain third parties to distribute our applications and may use third parties for other service. These third parties, such as Apple, Inc., Amazon, Inc. and Google, Inc. (“App Distributors”) have no warranty, maintenance, support or other service obligations with regard to our Service. We, and not the App Distributers, are solely responsible for our Service. You understand and agree that the App Distributors have no obligation to provide maintenance and support services with respect to any of our Service.

Copyright and DMCA Take-Down  

  • In General. If you would like us to remove any Content from our Service for any reason, please notify us at admin@inegu.wpengine.com. While we do not have any obligation to remove Content merely because of a removal request, Jessie Rees Foundation will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use (including our Privacy Policy) and applicable law. If you are requesting removal of Content due to a violation of your copyrights, please follow the procedure described in the “Copyright and DMCA Take-Down” paragraph below.

 

  • Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your copyrighted material has been infringed (or are authorized to act on behalf of the copyright owner), please submit a written notification to our Designated Agent.
  • DMCA Notices. To be effective, your notice must be in writing and must include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Your notice must be signed (physically or electronically) and must be addressed as follows:

Erik Rees, CEO Jessie Rees Foundation PO Box 80667 Rancho Santa Margarita, CA 92688.   After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material.   If you do not comply with all of the requirements of this copyright policy, your DMCA notice may not be valid. Only DMCA notices should go to our Designated Agent. If you send A notice to our Designated Agent for purposes other than communication about copyright claims or that is not clearly marked as a DMCA notice, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at support@inegu.wpengine.com.   It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.   Right to Modify or Discontinue Service

  • The Jessie Rees Foundation Service is constantly evolving and changing. As a result, the Service may change at any time and without prior notice. We retain the right to, among other things, add, change, update, discontinue, suspend or limit the Service at any time at Jessie Rees Foundation’s sole discretion. Jessie Rees Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Accounts.

Special Terms for Special Features of the Service

  • When you sign up to use specific functionality or a special feature of our Service, you may be asked to agree to special terms governing your use of that functionality or special feature. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Termination

  • These Terms of Use will continue until terminated. You may terminate these Terms of Use at any time and for any reason by deactivating your account and discontinuing your use of the Service, including but not limited to removing our mobile application(s) and other materials we have provided to you from all of your devices. We may also terminate or suspend your account or your use of the Service at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms of Use, you have created any risks to Jessie Rees Foundation or we have decided to stop providing the Service.
  • If your account is terminated or you delete any Content, we will make reasonable efforts to make such Content inaccessible. However, you acknowledge and agree that any such Content may be retained in caches or backups and that copies of or references to your Content may persist indefinitely due to the nature of the Service and the internet.

Fundraising

  • As a charitable 501(c)(3) organization, Jessie Rees Foundation may invite users to provide charitable donations to Jessie Rees Foundation. Donations ensure families can use our App free of charge. From time to time Jessie Rees Foundation may inform users of the opportunity to donate through the Service, in email communications, direct mail letters and text messages. Users can opt-out of these communications.
  • From time to time, users may post information on an Account to let other users know how they can contribute money to help someone in need. Please be aware that some of these requests for help may be fraudulent. We cannot review every posting on every Account and have no way of policing these requests or determining their authenticity. Accordingly, we urge you not to respond to any fundraising requests that may be posted on an Account unless you are absolutely certain, from firsthand knowledge, that the request is legitimate and that your donation will be used in the manner you intend. JESSIE REES FOUNDATION WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSSES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSE IN CONNECTION WITH YOUR RESPONSE TO ANY SOLICITATION CONTAINED ON ANY ACCOUNT. We also want to remind you that contributions made in response to such solicitations posted on Accounts are not contributions to Jessie Rees Foundation and may not be tax deductible.

Disclaimer of Warranties

  • JESSIE REES FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, ANY CONTENT (INCLUDING USER COMMENTS AND ANY OTHER THIRD PARTY CONTENT) ON THE SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE SERVICE, INCLUDING BY A THIRD PARTY. THE SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JESSIE REES FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JESSIE REES FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE SERVICE.

Limitations of Liability

  • UNDER NO CIRCUMSTANCES, SHALL JESSIE REES FOUNDATION, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ITS CONTENT (INCLUDING USER COMMENTS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY LOSS OR DAMAGE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SERVICE.
  • THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JESSIE REES FOUNDATION OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
  • IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JESSIE REES FOUNDATION, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Choice of Law, Jurisdiction and Venue

  • These Terms of Use and the relationship between you and Jessie Rees Foundation shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of California, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction.
  • The Service is available to users globally. If you are located outside the U.S., you (i) acknowledge and agree that these Terms of Use are only being offered in English, and that if there is any translation of these Terms of Use, the English version shall govern; (ii) consent to the transfer, storage and processing of your information, including any Content or personal information, in and to the United States (“U.S.”) and/or other countries; and (iii) acknowledge and agree that Service derived or obtained from Jessie Rees Foundation may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, shall: (1) obtain any export, reexport, or import authorizations required by U.S. or your local laws; and (2) you understand that U.S. export control laws prohibit the export of certain technical data and software to certain territories, and that no software available from the Service may be downloaded or exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

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 our Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dispute Resolution; Arbitration

  • Dispute Resolution. If you have any dispute with us, you must first give us an opportunity to resolve the dispute by sending a written description of your claim to us via United Postal mail. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we acknowledge receipt of this claim description, you may pursue your claim in arbitration as described below.
  • Binding Arbitration. We each agree that, except as provided below and to the extent permitted by law, any and all claims or disputes in any way related to or concerning these Terms of Use or our Service, will be resolved by binding arbitration. We each also agree that these Terms of Use affect interstate commerce so that the Federal Arbitration Act and Federal Arbitration Law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorneys’ fees).
    • Arbitration. Any dispute relating to these Terms of Use or the Service that are not resolved by our dispute resolution process above may be resolved by binding arbitration to be held in Orange County, California, in accordance with the rules then in effect of the American Arbitration Association. The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration, and each party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages.
    • Class Action Waiver. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
    • Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
    • Injunctive Relief. You agree that material breach of certain provisions in these Terms of Use will result in irreparable harm to Jessie Rees Foundation and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, Jessie Rees Foundation will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Jessie Rees Foundation seeks such an injunction.

General Term Disclosures

  • The following provisions survive and will remain in full effect after termination or expiration of these Terms of Service: Restrictions on Use of the Service, Your Content, Jessie Rees Foundation Intellectual Property, Feedback, Copyright and DMCA Take-Down, Disclaimer of Warranties, Limitations of Liability, Choice of Law, Jurisdiction and Venue, Statute of Limitation, Dispute Resolution; Arbitration and these General Term Disclosures.
  • You must not assign or otherwise transfer the Terms of Use or any right granted hereunder.
  • As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms of Use shall remain in full force and effect.
  • These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and Jessie Rees Foundation with respect to the subject matter hereof.
  • A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us If you have any questions regarding these Terms of Use, please contact us by email: support@inegu.wpengine.com.   Or via mail: Jessie Rees Foundation PO Box 80667 Rancho Santa Margarita, CA 92688

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