All of Us and Me                                 (510) 919-3078                      michaelh@allofusandme.org

Conditions of Use



Introduction

These conditions of use govern your use of this website.  By using this website, you agree to and accept all conditions of use.  If you disagree with these conditions of use or any part thereof, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these conditions of use, you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these Conditions of Use, you consent to All of Us and Me’s use of cookies in accordance with the terms of All of Us and Me’s Privacy and Cookies policies.

License To Use Website

Unless otherwise stated, All of Us and Me and/or its licensors own the intellectual property rights and the material on this website.  Subject to the license below, these intellectual property rights are reserved.

You may view, download for caching purposes only and print pages from the website solely for your personal use, subject to the restrictions set out below and elsewhere in these Conditions of Use.

You Must Not:

  1. Republish material from this website (including republication on another website)
  2. Sell, rent or sub‐license material from the website
  3. Show any material from the website in public
  4. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
  5. Edit or otherwise modify any material on the website, or
  6. Redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your immediate family or organization that has need for the products and services offered by All of Us and Me  and intend to educate the reader concerning the services and goods that we offer.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or otherwise impair the availability or accessibility of the website to others, or in any way that may be unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on or in relation to this website without All of Us and Me’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without All of Us and Me’s express written consent.

Restricted Access

Access to certain areas of this website is restricted.  All of Us and Me reserves the right to restrict access to other areas of this website or, the entire website, at the sole discretion of All of Us and Me.

If All of Us and Me provides you with a User ID and Password to enable you to access restricted areas of this website or other content or services, you must ensure that the User ID and Password are kept confidential.

All of Us and Me may disable your User ID and Password in All of Us and Me’s sole discretion without notice or explanation.

User Content

In these Conditions of Use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website for any purpose whatsoever.

You grant to All of Us and Me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to All of Us and Me the right to sub-license these rights and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe on any third party’s legal rights and must not be capable, in each case under any applicable law, of giving rise to legal action whether against you, All of Us and Me or a third party.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

All of Us and Me reserves the right to edit or remove any material submitted to this website, stored on All of Us and Me’s servers, hosted or published on this website.

Notwithstanding All of Us and Me’s rights under these Conditions of Use in relation to user content, All of Us and Me does not undertake efforts to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided "as is" without any representations or warranties, express or implied.   All of Us and Me makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, All of Us and Me does not warrant that:

  1. This website will be constantly available, or available at all, or
  2. The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriately trained and qualified professional.

Limitations Of Liability

This website is provided free-of-charge.  Accordingly, All of Us and Me will not be liable to you under contract, common or tort law in relation to the contents or use of, or otherwise in connection with this website for:

  1. Any direct loss
  2. Any indirect, special or consequential loss
  3. Any business loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or the loss or corruption of information or data

You accept and agree that these limitations of liability apply even if All of Us and Me has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in this website disclaimer will exclude or limit All of Us and Me’s liability with respect to any:

  1. Death or personal injury caused by All of Us and Me’s negligence
  2. Fraud or fraudulent misrepresentation on the part of All of Us and Me
  3. Matter which it would be illegal or unlawful for All of Us and Me to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree, accept and acknowledge that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, All of Us and Me has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against All of Us and Me’s officers or employees with respect to any losses you suffer in connection with the All of Us and Me website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect All of Us and Me’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as All of Us and Me.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, then that provision’s unenforceability will not affect the enforceability of all other provisions of this All of Us and Me’s website disclaimer.

Indemnity

You hereby indemnify All of Us and Me and undertake to keep All of Us and Me indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by All of Us and Me to a third party in settlement of a claim or dispute on the advice of All of Us and Me’s legal counsel or advisors) incurred or suffered by All of Us and Me arising out of any breach by you of any provision of these Conditions of Use or arising out of any claim that you have breached any provision of these Conditions of Use.

Breaches Of These Terms And Conditions

Without prejudice to All of Us and Me’s other rights under these Conditions of Use, if you breach these Conditions of Use in any way, All of Us and Me may take such action as All of Us and Me deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

All of Us and Me may revise these Conditions of Use from time to time.  Revised Conditions of Use will apply to the use of this website from the date of the publication of the revised Conditions of Use on this website.  Please check this page regularly to ensure you are familiar with the current version of the All of Us and Me publication of its Conditions of Use.

Assignment

All of Us and Me may transfer, sub-contract or otherwise deal with All of Us and Me’s rights and/or obligations under these Conditions of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions of Use.

Severability

If a provision of these Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, all remaining provisions will continue in full force and effect.   If any to be determined unlawful and/or unenforceable provision would be lawful or enforceable if part of that provision were deleted, that part will be deemed to be deleted, and the remainder of the provision will continue in full force and effect.

Entire Agreement

These Conditions of Use constitute the entire agreement between you and All of Us and Me in relation to your use of this website and hereby supersedes all previous agreements with respect to your use of the All of Us and Me website.

Venue And Jurisdiction

These Conditions of Use are governed by and construed in accordance with the laws of the State of California and venue for any disputes relating to these Conditions of Use will be Alameda County, California.

This Website Conditions of Use

This document is based on a Contractology website conditions of use template available at www.freenetlaw.com.   Other forms available on the Contractology website include template service contracts.