Support Community, Inc.
Our mission at Support Community, Inc. is to develop platforms and peer-based social networks to enable individuals and families faced with critical life events to utilize available services, foster and maintain a support system, and connect with others in like circumstances. We provide a space for people to tell their story, learn from others, manage resources, and create a meaningful and lasting community when facing difficult situations.
SupportCommunity works with nonprofits and other institutions (each, an “Organization”) to provide tools and peer-based social networks to the clients of those Organizations and their families and friends. In some cases, the use and collection of your information and data may be governed by the Organization’s practices. We encourage you to carefully review the policies of the applicable Organization.
2. Acceptance of the Terms
Please read the entire Terms carefully before you start to use the Platform. BY CLICKING “JOIN NOW,” “JOIN SUPPORT COMMUNITY,”, “SIGN UP,” REGISTERING, ACCESSING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PLATFORM YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS, AND YOUR ACCESS OR USE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR ENTITY, SUCH THIRD PARTY’S OR ENTITY’S) AGREEMENT TO ABIDE BY THESE TERMS (REFERENCES IN THESE TERMS TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR ENTITY). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR ANY OF THE SERVICES OFFERED ON OR THROUGH THE PLATFORM.
We endeavor to provide helpful content, resources, tools, and forums in order to support and assist you in difficult life situations, which may be related to certain health-related circumstances of you or your loved ones. However, our Platform is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease, illness, or other medical, physical, or psychological condition, nor is it intended to affect any structure or function of the body. You understand and agree that we are not engaged in the practice of medicine or healthcare, either through our Platform or any associated communications, services, content, or resources. We do not provide financial, medical, or legal advice, and we do not permit or encourage the provision of advice through our platforms. The Platform and its contents are not a substitute for professional advice of any kind, including any psychological or medical diagnosis or treatment. We encourage you to seek professional diagnosis and treatment for any medical and psychological conditions as applicable. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR, AND WE HAVE NO RESPONSIBILITY TO PROVIDE OR TAKE, ANY MEDICAL ADVICE OR MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION PROVIDED ON OR RECEIVED THROUGH THE PLATFORM.
3. Changes to the Terms
We may revise, update, or otherwise change these Terms at any time by posting updated terms on the Platform. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. All changes are effective immediately when posted and apply to all access and use of the Platform thereafter. We may send registered users an email notice of the revised terms, but such notice is for your convenience only and shall not be required for the effectiveness of the changes. If any change is unacceptable to you, your only remedy is to stop using the Platform. If you do not cease using the Platform, you will be conclusively deemed to have accepted the changes. Any revised versions of these Terms shall supersede all previous versions.
4. Accessing the Platform and Account Security
Subject to these Terms, SupportCommunity grants you a limited, non-exclusive, and nontransferable license to access and use the Platform, and its related services and content, strictly in accordance with these Terms. This license permits you to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you strictly in accordance with the Application’s documentation and these Terms. Further, you may access, download, and use on your mobile device the content and services made available in or otherwise accessible through the Application, strictly in accordance with these Terms. You acknowledge and agree that the Platform is provided under license, and not sold, to you. SupportCommunity and its Organizations, customers, partners, licensors and Platform providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform, and for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. For added security, we highly recommend that you set up and enable two-factor authentication procedures for your access to the Platform. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Use and Use Restrictions
The Platform is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with SupportCommunity.
The Platform is for your personal, non-commercial use, and your use is limited to the standard functionality of a Website and an Application, as applicable. Use of the Platform is solely at SupportCommunity’s discretion, and SupportCommunity reserves the right to prohibit anyone from accessing, downloading, or otherwise using the Website or the Application. You are not granted any rights in or to the Platform and its contents, other than the limited right to use the Platform according to these Terms and the policies and procedures that SupportCommunity and the applicable Organization may adopt and make available from time to time.
You agree to comply with all applicable laws and regulations regarding your access to and use of the Platform. You agree not to use the Platform: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (d) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate SupportCommunity, a SupportCommunity employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm SupportCommunity or users of the Platform, or expose them to liability.
Additionally, you agree not to use the Platform in any way that: (i) is fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by SupportCommunity; (iv) introduces or attempts to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful or any other computer code, files, or programs that may harm, interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; (v) gains or attempts to gain unauthorized access to SupportCommunity or Organization systems or user accounts or to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform, including attempts to overburden SupportCommunity’s servers or networks; (vi) encourages or constitutes conduct that could give rise to a criminal offense or civil liability; (vii) attacks the Platform via a denial-of-service attack or a distributed denial-of-service attack; (viii) fails to comply with applicable third-party terms (e.g., wireless carrier terms of service); (ix) uses any manual process, or any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (x) uses any device, software, or routine that interferes with the proper working of the Platform; or (xi) otherwise attempts to interfere with the proper working of the Platform. SupportCommunity reserves the right to bring legal action against you if you engage in use that violates these Terms.
Except as expressly permitted by these Terms, you shall not: (A) copy the Platform; (B) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform; (C) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof; (D) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof; (E) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time; (F) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform; or (G) use the Platform in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any safety-critical Platforms, medical or life-support systems, or environments.
SupportCommunity may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that SupportCommunity has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Platform and be subject to all terms and conditions of these Terms.
7. Donations and Collection of other Payments
Organizations may solicit, manage, or process payment from End Users, such as collecting donations or other payments from End Users, through the Platform using third-party service providers. Each Organization is fully responsible and liable for its use of the Platform in this manner. To the extent that SupportCommunity’s Platform facilitates the collection and management of donations, SupportCommunity provides such services solely as a service provider to the Organization and at the direction of Organization and its third-party service providers. SupportCommunity does not solicit, manage, or process payment from End Users through the Platform, and SupportCommunity is not acting as a professional fundraiser on behalf of Organization.
Each Organization is responsible for obtaining, managing, processing and maintaining all information and data necessary related to such transaction in a manner that complies with all applicable laws, including for acknowledging donations and complying with reporting requirements as necessary. Each Organization is solely responsible and liable for any taxes, fees, or other costs associated with its processing, collection, and management of donations or other payments through the Platform.
You should contact the applicable Organization directly for any information, or if you have any questions related to, the processing of payments or donations through the Platform.
8. User Contributions and Content
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to upload, post, submit, publish, display, or transmit to other users, or to other persons, information, materials, stories, comments, experiences, photographs, reviews, videos, designs, images, drawings, graphics, artwork, Likeness Materials (as defined below), or other content (collectively, “User Content”) on or through publicly available portions of the Platform. It is completely optional whether or not you choose to upload such User Content, and you choose the nature and kind of the User Content that you upload. For the avoidance of doubt, your User Content includes your Solicited User Content, as defined below.
All User Content must comply with the content standards set out in these Terms. You are solely responsible for your User Content and the consequences of submitting and publishing your User Content via the Platform. You understand and agree that you are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Content. We are not responsible for or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Platform.
Any User Content you post to the Platform will be considered non-confidential and non-proprietary. We strongly discourage you from including any identifying information (such your name or address) in your User Content, and you expressly agree not to provide any sensitive, personal or health-related information about you or anyone else via your User Content. You represent and warrant that: (a) you own or control all rights in and to your User Content and have the right to grant the licenses described herein to us and our Organizations, partners, affiliates, and service providers, and each of their and our respective affiliates, partners, licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms; (c) none of your User Content will infringe upon, misappropriate, or otherwise violate any person’s rights, including any intellectual property, privacy, or publicity rights.
To the extent that you choose to include the name, story, image, likeness, voice, and other personal characteristics, biographical, or professional information of yourself or anyone else, and any other content or materials that contain or incorporate any of the foregoing (“Likeness Materials”) in your User Content, you expressly consent to the use of such Likeness Materials as set forth herein, and you represent and warrant that you have obtained the written consent, release, or permission of every identifiable individual who appears in User Content to use such individual’s Likeness Materials in any manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you represent and warrant that you have obtained such written consent, release, or permission from such individual’s parent or guardian. You agree to provide to us a copy of any such consents, releases, or permissions upon our request.
You retain ownership of your User Content and hereby grant to the Organizations, SupportCommunity and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, via the Platform, for the purposes of providing the Platform and its related services, products, and content to you, the Organization, and other Platform users. You also grant to the other users of the Platform a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute and publicly display such User Content subject to these Terms. You grant to the Organizations and SupportCommunity the right to identify you as the author of your User Content by name, email address, screen name, likeness, or other identifying information.
Many of the Organizations, entities and partners that we work with are nonprofit organizations. One of our core values is to provide tools, resources, and support to our Organizations that may further their organizational values and missions. One of the tools that we provide to such Organizations is the ability to use User Content to tell their story, create a sense of community, and in some cases, solicit donations from third parties through the Organization’s websites or through any other location or manner that the Organization may choose to promote itself and solicit donations. You have the option to permit SupportCommunity and our Organizations to use your User Content in this manner by checking the appropriate box or selecting the appropriate privacy options made available in the Platform (such User Content that you permit to be used in this manner, “Solicited User Content”).
In furtherance of the foregoing, upon checking the appropriate box or selecting the appropriate privacy options to permit your Solicited User Content to be used for donation solicitation and other promotional purposes, you hereby irrevocably authorize, grant, and license SupportCommunity and its Organizations, and their and our affiliates, successors, and assigns, and our and their respective agents, licensees and employees (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, create derivative works, exploit, sell, license, or otherwise use and permit others to use, your Solicited User Content, and the Likeness Materials contained therein, in perpetuity throughout the universe in any medium or format now known or hereafter created for any purposes, including advertising, public relations, and promotional purposes, and the solicitation of donations by our Organizations, either through or outside of the Platform, without further consent from, or other compensation to, you. You acknowledge and agree that you have no right to review or approve such Solicited User Content or the Likeness Materials therein and that SupportCommunity and its Organizations have no liability to you for any editing or alteration of such materials. You acknowledge that the Organizations and SupportCommunity have the right, but are not obligated, to use or stop using any Solicited User Content at any time for any reason.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN ANY OTHER LEGAL THEORY (COLLECTIVELY, “CONTENT CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM THE EXPLOITATION OR OTHER USE OF YOUR USER CONTENT PURSUANT TO THESE TERMS, AND YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CONTENT CLAIM AGAINST ANY AUTHORIZED PERSONS, AND FOREVER RELEASE AND DISCHARGE THE AUTHORIZED PERSONS FROM LIABILITY UNDER SUCH CONTENT CLAIMS.
YOU REPRESENT AND WARRANT TO SUPPORTCOMMUNITY THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO AGREE TO THE TERMS OF THIS SECTION AND TO GRANT THE RIGHTS HEREUNDER.ß
9. Term and Termination
These Terms commence when you download, install, access, or otherwise use the Platform and will continue in effect until terminated by you or SupportCommunity as set forth in this Section. You may terminate these Terms by discontinuing your use of the Platform and deleting all versions of the Platform and its content that you may have downloaded. SupportCommunity may terminate these Terms at any time without notice, which SupportCommunity may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination: all rights granted to you under these Terms will also terminate; and you must cease all use of the Platform. Termination will not limit any of SupportCommunity’s rights or remedies at law or in equity.
10. Monitoring and Enforcement
You agree that we have the right, but not the obligation, to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Filter any User Content (including, deleting or replacing expletives or other harmful or offensive language).
- Refuse to use any User Content.
- Disclose any User Content pursuant to these Terms.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms (including the content standards herein), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for SupportCommunity. Such action may include appropriate legal action or referral to law enforcement for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU EXPRESSLY WAIVE AND HOLD HARMLESS SUPPORTCOMMUNITY AND ITS AFFILIATES, LICENSEES, ORGANIZATIONS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You understand and agree that SupportCommunity does not control and is not responsible for any content made available on the Platform by you or other users or third parties. We cannot and do not undertake to review material before it is posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
11. Content Standards
User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Otherwise conflict with, or be in violation of, the terms and conditions of these Terms.
In furtherance of the foregoing, you represent and warrant that you shall not submit, upload, or otherwise make available via the Platform, any User Content or materials that (a) you do not have the rights necessary to use, transmit, publish, or to grant SupportCommunity the license as described herein; (b) are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, promote any illegal activity, or advocate, promote, or assist any unlawful act, or are otherwise objectionable as determined by SupportCommunity; (c) are deceptive, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, impersonate another person, or misrepresent your identity or affiliation with any person or entity; (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (f) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, or that otherwise may be in conflict with these Terms; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; or (h) contain Likeness Materials of people who have not given permission for their such Likeness Materials to be uploaded to the Platform.
12. Copyright Policy: Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. The Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured on the Platform or has been otherwise copied and made available on the Platform in a manner that constitutes copyright infringement, please notify us immediately. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the DMCA, the written notice (“DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:
Support Community, Inc.
2083 N. Topanga Canyon Blvd.
Topanga, CA 90290
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and shall not be considered sufficient notice to confer actual knowledge upon SupportCommunity of the facts or circumstances of such allegedly infringing material or acts.
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
13. Copyright Policy: Counter Notification Procedures
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
14. Copyright Repeat Infringers
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
15. Information and Content Posted
The content and information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Platform’s content and information. The Platform may display, include, or make available Organizations’ or other third-party content (including data, information, Platforms, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising. You acknowledge and agree that SupportCommunity is not responsible for third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-party materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements or opinions expressed in third-party materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SupportCommunity.
SupportCommunity does not assume and will not have any liability or responsibility to you or any other person or entity for any Platform materials. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. Your use of, or reliance on, any information contained in any Platform content is at your own risk. Under no circumstances will SupportCommunity be liable for any User Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such content.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Platform or on links available through the Platform. We have no control over any resource or treatment described on the Platform, and we cannot guarantee the accuracy of information about any resource or treatment described on the Platform. We are not liable or responsible for cancelled or unavailable resources, for your inability to participate in a resource, or for any consequences arising out of, resulting from, or otherwise in connection with your participation or failure to participate in a resource provided on or through the Platform.
16. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SupportCommunity, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except in compliance with the terms and conditions of these Terms. Without limiting the foregoing:
- You may download a single copy of the Application to your computer or mobile device solely for your own personal, non-commercial use.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You shall not: (a) modify copies of any materials from the Platform; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; (d) access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you wish to make any use of material on the Platform other than that set out in this Section, please address your request to the email address provided at the end of these Terms.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by SupportCommunity. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Platform are expressly reserved by SupportCommunity and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Platform. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of SupportCommunity or the applicable rights holder.
18. Information About you and your Visits to the Platform
If you are unsatisfied with the Platform, your sole remedy is stop accessing and using the Platform. If you nonetheless access or use the Platform your use of, or access to, the Service will be subject to the version of the Terms then in effect as to all current users.
20. Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Platform.
- Send emails or other communications with certain content, or links to certain content, on the Platform.
- Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Platform.
- Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms.
If you post links to any third-party website, or on any website through which you make certain content accessible, through the community features of the Platform, such links and website content must comply in all respects with the content standards and other terms and conditions set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links from the Platform
If the Platform 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 we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
22. Geographic Restrictions
We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SUPPORTCOMMUNITY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM, OR RESULTS OF USE THEREOF, WILL MEET YOUR ANY OTHER PERSON’S REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, BROWSERS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE, RELIABILITY, OR INDUSTRY STANDARDS OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. NEITHER SUPPORTCOMMUNITY NOR ANY PERSON ASSOCIATED WITH SUPPORTCOMMUNITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SUPPORTCOMMUNITY NOR ANYONE ASSOCIATED WITH SUPPORTCOMMUNITY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU HEREBY IRREVOCABLY WAIVES ANY AND ALL CLAIMS BASED ON OR RELATED TO THE FOREGOING.
24. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SUPPORTCOMMUNITY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR (I) ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING ANY BODILY INJURY, HARM, LOSS OF LIFE, OR IMPAIRMENT TO HEALTH OR WELLBEING THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; (II) LOST REVENUES OR PROFITS; (III) DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, REPUTATION, OR GOODWILL; (IV) LOSS OR CORRUPTION OF DATA; (V) LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (VI) FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (VII) FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; (VIII) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; (IX) BREACHES IN SYSTEM SECURITY; (X) ANY ERRORS OR OMISSIONS IN THE SERVICES; (XI) YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR (XII) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUPPORTCOMMUNITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SUPPORTCOMMUNITY’ AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED $500. THE LIMITATIONS SET FORTH IN THIS LIMITATION OF LIABILITY SECTION SHALL APPLY EVEN IF LICENSEE’S REMEDIES UNDER THESE TERMS FAIL THEIR ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SUPPORTCOMMUNITY SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless SupportCommunity, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms, any other agreement you have entered into with SupportCommunity, and any representation or warranty contained herein or therein; (b) your use of the Platform, including, but not limited to, your use of information obtained from the Platform, your connection to the Platform, your use of any third party services or content through the Platform, and any activity related to access or use of your account by you or any other person; (c) your User Content; (d) your violation of any third party right, including without limitation any intellectual property or privacy rights; (e) your activities in connection with your donations or other payments made to Organizations through such Organization’s third-party service providers, if applicable; or (f) your violation of applicable law.
SupportCommunity reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SupportCommunity in asserting any available defenses, and you will reimburse SupportCommunity for all costs incurred in its assumption of the defense.
26. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
27. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28. Notice Regarding Apple
The following additional terms and conditions apply to use of the Application on an Apple, Inc. (“Apple”) iOS-powered mobile device. You and SupportCommunity acknowledge that these Terms are concluded between you and SupportCommunity, and not with Apple, and Apple is not responsible for the Application or the content thereof. You agree that your license to use the Application is limited to the Apple iOS mobile device that you own or control and that your use of the Application shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and SupportCommunity acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Application—see Section 23. You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. SupportCommunity’s contact information for any questions, complaints or claims with respect to the Application is set forth in Section 31 below. You agree to comply with all applicable third-party terms of agreement when using the Application. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms for the purposes outlined in this Section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
29. Waiver and Severability
No waiver by SupportCommunity of any term or condition set out in these Terms 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 of SupportCommunity to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 will continue in full force and effect.
30. Entire Agreement
These Terms and the documents referenced herein constitute the sole and entire agreement between you and SupportCommunity regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
31. Comments and Concerns
For comments, questions, or concerns, please contact Support Community, Inc. at:
2083 N. Topanga Canyon Blvd.
Topanga, CA 90290