IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY FOR ASSISTANCE. FEMINISTS FOR MEN DOES NOT OFFER ANY EMERGENCY MEDICAL SERVICES.
These terms of service (“Terms”) apply to your use of the website and services provided by Feminists For Men, Inc., a New York non-profit corporation (“Feminists For Men”).
Please read these Terms carefully. You may accept these terms: (1) by using the Website; (2) through any printed, oral, or electronic statement, including on the web, by indicating that you have reviewed and accepted these Terms; or (3) by creating an account on the Website (if account creation is available to you); (3) by agreeing to associate with Feminists For Men in any capacity, including a volunteer, employee or contractor; or (4) by clicking “Accept”, “I agree”, or a similar button on a webpage.
If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Website, including any Services.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 10 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND FEMINISTS FOR MEN ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note THAT the warranty disclaimers and limitations on FEMINISTS FOR MEN’s liability ARE explained in Section 7.
1. General Provisions.
1.1 Definitions. The following definitions apply to these Terms:
(a) “Content” means descriptions of any Services, information, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials) that are made available to you through the Website, as well as any Feedback, comments, messages, or submissions provided by Users;
(b) “Feedback” means any ideas, concepts, stories, experiences, feedback, reviews, suggestions, questions, and know-how that a User makes available in connection with the Website or the Services;
(c) “Providers” mean counsellors, legal professionals and other providers of professional services who offer or schedule their services through the Websites, telephone or other suitable means. Providers are independent professionals who offer their voluntary services to individuals through Feminists For Men;
(d) “Services” mean all services provided by Feminists For Men through the Website, through telephone calls, in-person or virtual means or any other suitable means, including: (i) provision of educational Content, (ii) provision of information regarding Providers; (iii) access to free Provider services such as counselling and legal services; and
(e) “User” or “you” means an individual user (such as you) who is using the Website. Users include individuals who are users of any Services provided through the Website or individual donors and volunteers supporting the activities of Feminists For Men.
(f) “Website” means (i) the website located at http:// www.feministsformen.org/, (ii) any other website set up by Feminists For Men through which you may access Content and Services.
1.2 Updates to these Terms. Feminists For Men may update these Terms at any time without any prior notice to you. Feminists For Men may notify you of the updated Terms by any reasonable means, including by posting the revised Terms at https://feministsformen.org/terms-of-service/. The updated Terms will apply to your use of the Website and any Services after the date on which Feminists For Men has posted the updated Terms or otherwise notified you of those changes. By continuing to use or access the Website or Services after Feminists For Men posts or otherwise notifies you of any change, you accept those updated Terms. The “Last Updated” legend at the end of these Terms indicates the date on which these Terms were last updated.
2. User Consents.
2.1 Electronic Communications. You understand and acknowledge that in connection with the Services, including to connect you with certain Providers, we may need to get in touch with you from time to time. Feminists For Men, its agents or the Providers may contact you using SMS text messages, phone call, email, or other similar means. You may incur data, call-time or SMS charges from your utility providers in connection with communications from Feminists For Men.
2.2 Personal Information. You understand that in order to provide the Services, Feminists For Men may need to collect and store certain information related to you, including case history information, meeting notes and any other information provided by you in the course of your use of the Website, the Services, or your interaction with the Providers. You hereby consent to Feminists For Men’s collection, storage and use of this information solely in connection with the Services.
3. Your Acknowledgments and Representations.
3.1 Acknowledgments. You understand and acknowledge the following:
(a) Feminists For Men is independent from the Providers, is not a healthcare, mental health or legal provider, and does not engage in providing any professional services. Feminists For Men simply provides a Website platform to provide Content and facilitate communication and coordination between you and the Providers;
(b) These Terms are in addition to any other agreements that you may have entered into or may enter into with a Provider regarding a professional services relationship; and
(c) Agreeing to these Terms or using the Services does not guarantee your eligibility to receive professional services from a Provider and does not obligate any Provider to provide any service to you. The Providers reserve the right, at their sole discretion, to determine whether and to what extent you are eligible to receive any services offered by that Provider.
3.2 Representations. As a condition to using the Services, you hereby represent and warrant the following:
(a) You have the legal power and authority to agree to these Terms, you are at least 18 years of age, and have not provided any false information to gain access to the Website and any Services;
(b) You will use the Website and the Services only for purposes that are permitted by these Terms. You will not use the Website or the Services to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance, loss of reputation, or inconvenience to Feminists For Men, a Provider or any third-party;
(c) You will not sell, resell, rent or otherwise commercially use the Services or any Content;
(d) You will not use any automated programs, data mining tools, web-crawlers or other data gathering or extraction tools in connection with your use of the Website or “mirror” the contents of the Website though the use of HTML frames or other means to display such content on another website or document; and
(e) If you create an account on the Website, you will keep secure and confidential your account password or any identification credentials that you use to access that account or to otherwise use the Website or the Services. You will maintain the confidentiality and privacy of any Content that you view or access in any manner through the Website and you will immediately notify us if you become aware of or suspect unauthorized access to your account. Feminists For Men may suspend or terminate your access to the Services or the Website in the event of unauthorized access to the Services or the Website from your account or on your behalf.
4. Intellectual Property.
4.1 Feminists For Men’s Intellectual Property. Feminists For Men shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, and other intellectual property rights, in and to the technology, Content or materials used for the Website or which abides in the Services. You will not copy, reproduce, or disclose any Content provided to you in connection with the Services (including through the Website). Feminists For Men does not grant you the right to use any branding or logos used in the Services or the Website. Additionally, you may not do any of the following under these Terms:
(a) reverse engineer or access the Website or Services in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions, or graphics of the Website or Services, or (c) copy any ideas, features, functions, or graphics of the Website or Services;
(b) damage or impair any hardware or software used in connection with the Services or the Website, including through the use of a virus, trojan application or malicious computer code that may interfere with or disrupt the integrity or performance of the Services or the Website; or
(c) otherwise use the Services in a way that could cause damage or adversely affect any other users, Feminists For Men, any Provider, or a third-party.
4.2 Improvements. Feminists For Men shall have the full right and license to use any Feedback or the like received from you for publication on the Website, for marketing and promotional purposes or for making improvement to the Website, the Services or for any other purpose. This Feedback will be treated as non-confidential and non-proprietary and will become the property of Feminists For Men. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of this Feedback or otherwise arising in connection with the parties’ performance under these Terms shall be the sole and exclusive property of Feminists For Men, together with all intellectual property and other rights therein.
5. Payment Processor. Feminists For Men may use a third-party payment processor (the “Payment Processor”) to process payments and donations made through the Website, in which case your use of the Service and Website will also be subject to the terms, conditions, and privacy policies of the Payment Processor. Feminists For Men is not responsible for any damages arising out of any errors or omissions by the Payment Processor or by your credit card issuer. Payments made to Feminists For Men are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, if levied, in connection with such payments.
6. Term and Termination. These Terms will become effective on the date you accept them by clicking “Accept”, “I agree”, or a similar button on a webpage or through another acceptable means. These Terms will be applicable to you for the duration that you access or use the Website or the Services. Feminists For Men may, at its sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Services, any portion of the Services or the Website; (2) discontinue the Services, any portion of the Services or the Website; or (3) add, remove or modify any services or functionality that is available through the Services or the Website.
7. Our Warranties and Disclaimers; Limitation of Liability.
7.1 Warranties and Disclaimers. Feminists For Men will conduct the Services and maintain the Website using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, Feminists for Men EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SERVICES AND THE WEBSITE AND DISCLAIMS ALL WARRANTIES, INCLUDING TITLE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Feminists For Men specifically makes the following disclaimers:
(a) All Services and the Website are delivered to you “as-is” and “as-available”. Feminists For Men makes no representation, warranty, or guaranty that the use of the Services or the Website will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, that it will meet your requirements or expectation or that it will be error free. Information regarding Providers is provided on the Website for your voluntary use. Feminists For Men is independent from the Providers, is not a provider of professional, legal or medical services and specifically disclaims any responsibility for any actions, inaction, errors or omissions on the part of the Providers. Content made available to you related to a Provider’s services, is not developed by Feminists For Men and is simply provided to you from a Provider who remains solely responsible for such content. Feminists For Men does not make any claim related to the safety, efficacy or accuracy of any information, Content, materials or advice you receive from any Provider;
(b) Feminists For Men has not verified the professional licensing status, if applicable, of any Providers who offer their Services using the Website, telephone, in-person or any other means. You are responsible for verifying the state and national licensing status, as applicable, for any Providers you obtain services from;
(c) The Website may contain hyperlinks or references to certain other websites (“Linked Sites”). Feminists For Men does not control and is not responsible for the content on Linked Sites including any products and services provided therein; and
(d) Feminists For Men makes no warranty related to the confidentiality and security of any data provided by you to Feminists For Men or to a Provider, including data provided through the Website, and does not warrant that the Services and the Website is or will remain free of viruses or other harmful components.
7.2 Limitations on Liability. In no event shall Feminists For Men, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the Website or the Services. To the fullest extent provided by applicable law, Feminists For Men’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising in connection with the Website or the Services will not exceed an aggregate amount of $10.
8. Indemnification. You hereby agree to indemnify, defend, and hold harmless Feminists For Men and its affiliates, employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Website or the Services; (2) any claims for bodily injury, or property damages to you or a third-party that results from your use of the Website or the Services, (3) claims related to unauthorized disclosure of your or a third-party’s data that arises from your use of the Website or the Services; (4) any claims related to your violation of these Terms or any policy set forth in these Terms; (5) claims arising from acts, inaction, errors or omissions on the part of any Providers; and (6) your violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the Website or the Services.
10. Governing Law; Mandatory Arbitration.
10.1 Governing Law. Any disputes arising in connection with Services, the Website, these Terms or any other agreement between you and Feminists For Men, shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the State of New York, without regard to its conflicts of law principles.
10.2 Mandatory Arbitration. You and Feminists For Men both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good-faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Feminists For Men that an in-person hearing is appropriate. Any in-person appearances will be held at New York, New York. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
10.3 Waiver of Right to Jury Trial and Class Action. YOU AND FEMINISTS FOR MEN EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
11.1 Assignment. Your obligations and rights under these Terms may not be assigned, in whole or in part, without Feminists For Men’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
11.2 Severability. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
11.3 Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Website or the Services (including, without limitation, Sections 4, 7, 8, 10 and 11) survive termination of these Terms.
11.4 No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
11.5 Notice Address. You can communicate with us or provide a notice to us, as required in these terms at:
2 West 90th Street, Suite 4C
New York, NY 10024
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EFFECTIVE AND REVISED 10/01/2021