Website Use Terms and Conditions
Last Modified: March 23, 2023
Welcome to CrowdRESILIENCE! This website www.crowdresilience.org (“Website”) is run by CrowdRESILIENCE, Inc. (“CrowdRESILIENCE,” “us,” “our,” or “we”). CrowdRESILIENCE is a not-for-profit organization dedicated to addressing civil legal violations online through litigation on behalf of victims of malfeasance, other advocacy, and public education regarding online user rights.
The Services offered on our Website are meant for those over the age of 18 with the legal capacity to enter into a contract. As such, we will not knowingly solicit information from children under 18 years of age and ask that you do not access or use our Website or our Services if you are not of legal age to form a binding agreement.
Content: All contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of CrowdRESILIENCE’s information related to providing services and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Terms of Your Use of the Website
You are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any of CrowdRESILIENCE’s commercial information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between CrowdRESILIENCE and yourself („Permitted Use“), including any purpose competitive to CrowdRESILIENCE or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or CrowdRESILIENCE’s products or services.
Your use of the Website is conditioned upon the following statements being true:
You are 18 years of age or older; You are a U.S. resident; You are able to form a binding contract with CrowdRESILIENCE; You are not prohibited by law from accessing the Website or have not previously been banned, terminated or otherwise denied access to the Website; and You are not acting on behalf of a person whose access to the Website has been previously terminated or otherwise denied by us.
Except as explicitly permitted by the Terms and Conditions, and without limiting anything else in the Terms and Conditions, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content, in whole or in part, for any purpose, in any form or manner or by any means whatsoever. You also may not redeliver any of the pages, text, images or other Content or the Website using „framing“ or similar technology or for any purpose, including any attempt to impersonate CrowdRESILIENCE or any employee, representative or agent of CrowdRESILIENCE or otherwise create the appearance or suggestion that you have a relationship to CrowdRESILIENCE or that we have endorsed you for any purpose. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.
As conditions of your use of the Website, you agree to comply with the Terms and Conditions and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms and Conditions, you agree not to:
Register for more than one account, or register for an account on behalf of an individual other than yourself; Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of CrowdRESILIENCE or any other person, otherwise mislead CrowdRESILIENCE as to your identity or financial status or condition, or attempt to do the same; Attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any CrowdRESILIENCE server or data contained therein (the „Materials“), including through hacking, password theft or any other means; Attempt or enable others to attempt to obtain any Materials or Content through any means that CrowdRESILIENCE has not intentionally made available on the Website including using any automatic process, such as data mining, robots or similar data gathering and extraction tools, to search or harvest information from the Website or attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by CrowdRESILIENCE or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome); Use the Website or the Materials in any manner that could damage, disable overburden or impair the Website or any CrowdRESILIENCE server or the network(s) connected to any CrowdRESILIENCE server or the availability or accessibility thereof, or that might interfere with any other person’s access to or use or enjoyment of any Materials; Use any Materials, data or Content or distribute any Content in competition with CrowdRESILIENCE or to its detriment in any way; Access, tamper with, or use non-public areas of the Website, CrowdRESILIENCE’s servers, computer systems, or the technical delivery systems of CrowdRESILIENCE’s service or hosting providers or lessors; Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble any of the software used to provide the Website or Content; Use, save, embed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
You further agree not to: make any representations, warranties or guarantees on CrowdRESILIENCE’s behalf or with respect to the Website or any content or data contained on the Website; make any false or misleading representations with regard to CrowdRESILIENCE or the Website or any content or data contained on the Website; or participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
CrowdRESILIENCE does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to CrowdRESILIENCE or the Website. If CrowdRESILIENCE permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
Is commercial or promotional in nature; Constitutes junk mail, unsolicited commercial messages („spam“), chain letters, pyramid schemes or the like; Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise violates the legal rights of others or is capable of giving rise to legal action whether against you or CrowdRESILIENCE or any affiliate or a third party (in each case under any applicable law) or that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint; You do not have the right to make available under any law or under contractual or fiduciary relationships or obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or Contains viruses, worms or any other computer, software or technological component, code, routine, script, malware, spyware, keystroke logger, Trojan horse, rootkit, files, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.
CrowdRESILIENCE reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, CrowdRESILIENCE does not control the information provided by other users that may be made available through the Website. You agree that you will have no claim against CrowdRESILIENCE or any Released Party (See Disclaimers and Limitation of Liability), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding CrowdRESILIENCE’s rights under the Terms and Conditions, CrowdRESILIENCE does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.
CrowdRESILIENCE reserves the right to provide you notices regarding your account via text message and email. By signing below and providing your mobile number, you consent to receive notice texts from CrowdRESILIENCE. We do not send your phone number to any third parties. You also understand you have a right to opt-out of receiving accounts notices via text message.
At times the Website, or all or a portion of the Services, may be unavailable for maintenance or other reasons beyond CrowdRESILIENCE’s control. CrowdRESILIENCE is not liable for any such break in service.
You may become a Member upon making a donation to CrowdRESILIENCE of $25.00 or more at any time in a calendar year. You may make a donation without becoming a Member, and there is no obligation to become a Member. As a Member, you have increased access to CrowdRESILIENCE online resources, and your gift amount qualifies you for additional perks pursuant to CrowdRESILIENCE’s member benefits program. You will also receive newsletters and notices from CrowdRESILIENCE, unless you opt-out of mailings.
It is each Member’s responsibility to maintain the confidentiality of his or her login information. CrowdRESILIENCE is not responsible for any misuse involving a Member’s login information or for any unauthorized use of a Member’s account. CrowdRESILIENCE has the right to suspend or cancel any Member’s login and/or membership, or to modify or suspend the Services at any time and for any reason or no reason whatsoever.
Although we make best efforts to protect personal information, including using federal cyber-security guidelines, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with CrowdRESILIENCE will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that CrowdRESILIENCE and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to CrowdRESILIENCE by e-mail or other electronic communications or via the Website.
All rights, title, and interest in and to the Website and the Content and all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of CrowdRESILIENCE (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.
You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to these Terms and Conditions, we grant you a limited, non-transferable, non-assignable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms and Conditions terminate or expire or your right to use or access the Website is terminated according to this agreement. Without CrowdRESILIENCE’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, digital, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by CrowdRESILIENCE.
Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by CrowdRESILIENCE or displayed on the Website without the written permission of CrowdRESILIENCE. You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of CrowdRESILIENCE or any of its affiliates, directors, officers or employees.
By submitting information or other materials to us, if any, you grant CrowdRESILIENCE a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of these Terms and Conditions and the actions and transactions contemplated hereby. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.
CrowdRESILIENCE respects Intellectual Property Rights. You retain intellectual property rights to the User Content you post. We will review all claims of infringement received by us and will remove any User Content posted in violation of any Intellectual Property laws. If you believe that any of the User Content on our website violates your copyright, please contact firstname.lastname@example.org.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you access any of the third party websites linked to this Website entirely at your own risk.
The Website is provided to you on an „as is“ and „as available“ basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is 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 therefrom.
CROWDRESILIENCE DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN.
CROWDRESILIENCE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. CROWDRESILIENCE AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS, THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CROWDRESILIENCE OR THROUGH THE WEBSITE OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL CROWDRESILIENCE HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF CROWDRESILIENCE (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE THAT CROWDRESILIENCE’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST CROWDRESILIENCE, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED $25.00 IN THE CALENDAR YEAR OF THE DISPUTE.
You acknowledge that CrowdRESILIENCE has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of CrowdRESILIENCE or any of their respective successors, assigns, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the „Released Parties“) with regard to any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms and Conditions will protect the Released Parties as well as CrowdRESILIENCE.
Nothing in the Terms and Conditions shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.
You understand that we cannot and do not guarantee or warrant that the use of the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
You agree to indemnify and hold harmless CrowdRESILIENCE, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, actions, causes of action, investigations, proceedings, obligations, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys‘ fees and court costs) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
In addition to your consent to the Website Use Terms and Conditions in this document, CrowdRESILIENCE may obtain your written consent and authorization for disclosure of limited personal and confidential information you provide through our interactive forms for pursuit of engagement with CrowdRESILIENCE and request for case assessment of your claims through our Case Referral Program. In accordance with federal “E-Sign” Act and applicable state law and regulation, CrowdRESILIENCE obtains this written consent and authorization online through your electronic signature.
CrowdRESILIENCE also provides disclosures to you by electronic means, through the Website and/or through electronic mail. By providing your signature electronically when requested, you signify your intent to transact electronically with CrowdRESILIENCE, to receive applicable disclosures from CrowdRESILIENCE electronically, and to be bound by your signature provided electronically. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Documents you sign electronically are kept in CrowdRESILIENCE records and made available to you for review.
You may withdraw your consent to receive disclosures electronically at any time by contacting email@example.com. You may also withdraw your consent and authorization to CrowdRESILIENCE for disclosure of your information provided to us at any time by contacting firstname.lastname@example.org. If you withdraw your prior authorization, you acknowledge by your agreement to these Terms and Conditions that you will no longer be able to participate in CrowdRESILIENCE programs.
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms and Conditions, the permissions granted to you under these Terms and Conditions will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
CrowdRESILIENCE’s Right to Terminate Your Use: We may terminate your right to use the Website, or block you from future use, at any time in our sole discretion, with or without cause, and without notice to you. As a matter of policy, we will endeavor to provide notice to you of any cause to terminate your right to use the Website, and if applicable, provide you opportunity to regain access to the Website. Some circumstances in which CrowdRESILIENCE may terminate your right to use the Website include but are not limited to: (a) you have breached any provision of these Terms and Conditions; (b) you have engaged in conduct which CrowdRESILIENCE, in its sole discretion, considers to be unacceptable; (c) CrowdRESILIENCE is required by law to do so; or (d) CrowdRESILIENCE no longer provides the Website. You agree that we shall not be liable to you by reason of our termination of your right to use the Website either for our termination of the Website or for your non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your agreement with CrowdRESILIENCE in these Terms and Conditions, you may do so by notifying CrowdRESILIENCE at email@example.com.
Survival of Provisions: Your obligations and the provisions relating to CrowdRESILIENCE’s Intellectual Property, Disclaimers and Limitation of Liability, and Indemnification and will survive any termination or expiration of these Terms and Conditions for any reason.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under these Terms and Conditions. CrowdRESILIENCE may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Florida.
The Parties agree to submit disputes arising from or in connection to these Terms and Conditions to the exclusive jurisdiction of the courts of state of Florida for any litigation, lawsuit or proceeding between you and us relating in any way to these Terms and Conditions (including any non-contractual claims), the Website or Content, the negotiation, interpretation, validity or performance of the Terms and Conditions, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.
No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CrowdRESILIENCE to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Headings provided in this agreement are for organizational purposes only and do not create any right nor have any legal or contractual effect.
All feedback, comments, requests for technical support and other communications relating to these Terms and Conditions or the Website and Content should be directed to: firstname.lastname@example.org.