Effective Date: July 1, 2017
1. Acceptance of the Terms and Conditions
a. Binding Agreement; Description.
This Terms of Service (“Agreement”) is a binding contract between you, an individual user (“User” or “you”), and Asylum Access (“Asylum Access,” “we,” “us,” or “our”) governing your use of www.asylumaccess.org (“Asylum Access Site”); www.refugeerightstoolkit.org (“Toolkit Site”); and www.refugeeworkrights.org (“Campaign Site”) and any other websites and/or online services or properties owned and operated by Asylum Access (collectively, the “Service”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE.
b. Material Terms and Notices.
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
- the Service is licensed to you, not sold to you, and you may use the Service only as set forth in this Agreement;
- the use of the Service may be subject to separate third party terms of service and fees, which are your sole responsibility;
- the Service is provided “as is” without warranties of any kind and Asylum Access’s liability to you is limited; and
- we will resolve disputes arising under this Agreement through binding arbitration. By accepting this Agreement, as provided in greater detail in Section 8 of this Agreement, you and Asylum Access are each waiving the right to a trial by jury or to participate in a class action.
c. Changes to this Agreement.
You understand and agree that Asylum Access may change this Agreement at any time without prior notice; provided that Asylum Access will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this Agreement will govern any updates Asylum Access provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1.c, no revisions to this Agreement will apply to any dispute between you and Asylum Access that arose prior to the effective date of such revision.
You understand and agree that this Agreement is entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ASYLUM ACCESS. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or guardian who is at least 18 years of age.
2. The Service
Asylum Access is an international organization dedicated to making refugee rights a reality. Through legal aid, community empowerment, strategic litigation, and policy advocacy, Asylum Access empowers refugees to rebuild their lives. Through the Asylum Access Site, you may obtain more information about Asylum Access. Through the Toolkit Site, Users gain access to an online platform which provides best practices, materials, templates, and resources to help develop the leadership capacity of organizations and individuals with the goal of replicating the Asylum Access model in different local contexts. Through the Campaign Site, you may obtain more information about the refugee work rights campaign and the status of refugee work rights around the world.
b. Donations and Refunds.
We may offer you the ability to provide a monetary donation to Asylum Access through the Service (each, a “Donation”). You may have the option to make a Donation on a single-occurrence basis (“One-Time Donation”) or on a monthly basis (a “Monthly Donation”). Pricing levels for Donations are listed on the Service, and you will be able to select whether you are making a One-Time Donation or a Monthly Donation at the time of payment. By making a One-Time Donation, you authorize Asylum Access or its third party payment processors to charge the payment method you have provided for the amount of the Donation. By making a Monthly Donation, you authorize Asylum Access or its third party payment processors to charge the payment method you have provided for the amount of the Donation on a recurring monthly basis (“Monthly Donation Subscription”). Monthly Donation Subscriptions automatically renew for successive one-month terms until cancelled by you. Monthly Donation Subscriptions may be cancelled at any time by contacting us at [email protected] or (510) 891-8700. All charges for Donations are in U.S. Dollars and are tax-deductible to the fullest amount permitted by law. In the event that you should require a refund, please contact us via one of the methods set forth in this Section 2.b. We may, in our sole discretion, provide you with a refund for a Donation if requested within 90 days from the date the Donation was made, but we have no obligation to do so.
a. Log-In Credentials.
While you may always browse the public-facing pages of the Service without registering, in order to access the Toolkit Site, you must create an account on the Toolkit Site (an “Account”).
b. Account Security.
You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You will notify Asylum Access immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Asylum Access will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Asylum Access of such unauthorized use or loss of your credentials.
c. Accuracy of Information.
When creating an Account, you agree to provide true, accurate, current, and complete information as Asylum Access requires. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which we determine, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of any third party rights, or of any applicable laws or regulations. If messages sent to the email address you provide are returned as undeliverable, then Asylum Access may terminate your Account immediately without notice to you and without any liability to you or any third party.
4. Intellectual Property Rights
The Service is licensed, not sold, to you for use only under the terms of this Agreement. Asylum Access reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Agreement, and except as set forth in Section 4.b below, Asylum Access hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use.
b. Toolkit Site.
The content owned or controlled by Asylum Access and made available for download through the Toolkit Site, including, without limitation, any such workbooks, templates, case studies, and resources (the “Toolkit Content”), is licensed to you under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License, accessible at https://creativecommons
.org/licenses/by-nc-sa/3.0/deed.en_US (the “Creative Commons License”). You hereby represent, warrant, and covenant that you have reviewed and will comply with the Creative Commons License with respect to the Toolkit Content. Use of any third-party content made available on the Toolkit Site may be subject to separate license terms.
c. Asylum Access Content.
Except as set forth in Section 4.b above:
- The content that Users may access on or through the Service, including, without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Asylum Access or Asylum Access’s third party licensors (the “Asylum Access Content”). You may not copy, reproduce, upload, republish, transmit, create derivative works of, publicly perform, or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service’s intended functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Asylum Access owns all design rights, databases, and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
- Marks. The Asylum Access trademarks, design marks, service marks, and logos (the “Asylum Access Trademarks”) used and displayed on the Service are Asylum Access’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Asylum Access Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Asylum Access’s prior express written consent for each individual use. You may not use the Trademarks to disparage Asylum Access or the applicable third party (including Asylum Access’s or the third party’s products or services) or in any manner, using commercially reasonable judgment, that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Asylum Access’s prior express written consent. All goodwill generated from the use of any Asylum Access Trademark will inure solely to Asylum Access’s benefit.
- Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Asylum Access Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Asylum Access Content in any way for any public or commercial purpose without Asylum Access’s prior written consent. The use or posting of any of the Asylum Access Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, then your right to access and/or use the Asylum Access Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Asylum Access Content.
4. Restrictions on Use of the Service
Except as permitted under the Creative Commons License with respect to the Toolkit Site, in using the Service, you agree not to:
- take any action that imposes an unreasonable load on the Service’s infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service;
- frame or link to any of the materials or information available on the Service;
- alter, deface, mutilate, circumvent, or otherwise bypass any approved software through which the Service is made available;
- use any Trademarks, photographs, or other content belonging to Asylum Access without our express written consent;
- access, tamper with, or use non-public areas of the Service, Asylum Access’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Asylum Access’s providers;
- abuse, harass, harm, or advocate or incite abuse, harassment, or harm of another person or group, including Asylum Access employees;
- provide any false personal information to Asylum Access;
- create a false identity or impersonate another person or entity in any way;
- create a new account with Asylum Access, without Asylum Access’s express written consent, if Asylum Access has previously disabled an account of yours;
- solicit, or attempt to solicit, personal information from other users of the Service;
- restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users;
- use the Service, without Asylum Access’s express written consent, for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- gain unauthorized access to the Service, to other Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
- make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
- interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers;
- violate any applicable federal, state, or local laws or regulations or the terms of this Agreement; or
- assist or permit any persons in engaging in any of the activities described above.
6. External Sites
The Service may contain links to or the ability to share information with third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or the operators of such External Sites. The content of such External Sites is developed and provided by others. A separate account and log-in credentials may be required to access External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Asylum Access is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You agree that Asylum Access will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending Asylum Access or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Asylum Access, you agree that:
- Asylum Access has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and Asylum Access is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant Asylum Access perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8. Dispute Resolution
In the interest of resolving disputes between you and Asylum Access in the most expedient and cost effective manner, you and Asylum Access agree that any dispute arising out of or in any way related to this Agreement or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ASYLUM ACCESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding Section 8.a above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Asylum Access will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Asylum Access. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or email (“Notice”). Asylum Access’s address for Notice is: Asylum Access, 1611 Telegraph Avenue, Suite #1111, Oakland, CA 94612 or [email protected] The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Asylum Access may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Asylum Access must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
e. No Class Actions.
YOU AND ASYLUM ACCESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Asylum Access agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision.
Except as otherwise provided in this Agreement, if Asylum Access makes any future change to this arbitration provision, other than a change to Asylum Access’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to Asylum Access’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Asylum Access.
If Section 8.f above is found to be unenforceable or if the entirety of this Section 8 is found to be unenforceable, then the entirety of this Section 8 will be null and void.
9. Limitation of Liability and Disclaimer of Warranties.
THE PROVISIONS IN THIS SECTION 9 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
- ASYLUM ACCESS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “ASYLUM ACCESS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY THEREOF. THE ASYLUM ACCESS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
- THE ASYLUM ACCESS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ASYLUM ACCESS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ASYLUM ACCESS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL ANY ASYLUM ACCESS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ASYLUM ACCESS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASYLUM ACCESS’S LIABILITY, AND THE LIABILITY OF ANY OTHER ASYLUM ACCESS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
10. Third Party Disputes.
ASYLUM ACCESS IS NOT AFFILIATED WITH ANY THIRD PARTY SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE ASYLUM ACCESS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Asylum Access Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Asylum Access Content or Service. Asylum Access will provide notice to you of any such claim, suit, or proceeding. Asylum Access reserves the right to, at your expense, assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Asylum Access’s defense of such matter. You shall at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
12. Termination of this Agreement.
- Asylum Access reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Asylum Access also reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
- Sections 1, 2.b, 4.b, 5, and 7 through 15 survive the termination of this Agreement indefinitely.
13. Consent to Electronic Communications.
This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. Except as expressly set forth elsewhere in this Agreement, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Alameda County, California. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Asylum Access as a result of this Agreement or use of the Service. You further acknowledge that by accessing the Services, no confidential, fiduciary, contractually-implied or other relationship is created between you and Asylum Access other than pursuant to this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of Asylum Access to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against Asylum Access unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Asylum Access and you, this Agreement constitutes the entire agreement between you and Asylum Access with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. Asylum Access may assign this Agreement, including all its rights hereunder, without restriction. You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior express written consent of Asylum Access.
15. Contact Us.
If you would like to contact us in connection with your use of the Service, then please contact us by U.S. Mail at Asylum Access, 1611 Telegraph Avenue, Suite #1111, Oakland, CA 94612.