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Terms and Conditions

Agreement between Participant and Healthy Relationships California (HRC)
This agreement is between you, the “participant,” which is anyone participating in, or preparing to participate in, or who has completed participating in, any service or offering facilitated directly or indirectly by HRC as well as its affiliates, agents, employees, successors, representatives, and integrated technology providers.

This agreement applies to all HRC offerings, which includes, but is not limited to, in-person workshops, online synchronous workshops, or online asynchronous workshops as well as any other product already or yet-to-be developed by HRC regardless of product name, version, or configuration. It also applies to use of HRC content and technologies as they are integrated into other, 3rd-party systems.

The HRC offerings are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the offerings constitutes your agreement to all such Terms, as presented at the time of your initial indication of interest and as they evolve over the course of your utilization of the offerings. Please read these terms carefully, and keep a copy of them for your reference. You also agree to check back periodically to ensure that you remain in compliance.

These terms do not replace or affect any other agreements which may be entered into during the duration of your participation with HRC.

HRC reserves the right to modify the Terms, Conditions, and/or Policies at any time. Your continued use of the offerings demonstrates your intent to re-visit and review these Terms periodically.

HRC offerings may utilize 3rd-party content and/or technologies into integrated offerings for HRC participants.

Electronic Communications
Visiting HRC sites or systems, including those related to the R3 Academy program, or participating in the offerings, or completing forms on or integrated with HRC sites, or sending emails to HRC, or permitting SMS/text messaging and/or notifications, constitutes electronic communications. By participating in electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that HRC provides to you electronically satisfy any legal requirement that such communications be in writing.

HRC does not knowingly collect, either online or offline, personal information from persons under the age of 18.

Links to 3rd-party Sites/3rd-party Services/3rd-party Content
HRC offerings may contain links to other websites (“Linked Sites”) or technologies. The Linked Sites are not under the control of HRC and HRC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HRC provides these links only as a convenience or reference, and the inclusion of any link does not imply endorsement by HRC of the site or any association with its operators.

Certain services made available via HRC offerings are delivered by 3rd-party sites, and/or organizations. By using any product, service, or functionality originating from the HRC offerings, you hereby acknowledge and consent that HRC may share information and data with any party for whom that information and data is required in the fulfillment of your purposes.

Participant Privacy/Inappropriate Use

You understand that there may be sensitive information within the HRC offerings and you will make all reasonable efforts to protect, not share, your account access information, or any other posted or published information.

Some HRC offering features make it possible for HRC participants, or account-holders, to send messages to other HRC participants. HRC is not responsible for, nor does it implicitly endorse, any content which is generated by users, account-holders, or participants. Your use of HRC offerings demonstrates an understanding of these Terms and that you agree to hold HRC harmless of any content which is deemed to be illicit, inappropriate, or otherwise. You also agree to report any questionable content to HRC in writing.

HRC reserves the right to cancel and/or remove any content, participants, account-holders, integrated technology, and/or feature-sets at any time, without written notice, and at its sole discretion in order to rectify, or reduce the likelihood of, anything it deems to be inappropriate.

HRC may, at its own discretion, report any inappropriate content or behavior to the authorities.

You agree not to share or post anything via HRC offerings that is illegal, slanderous, or inappropriate.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the HRC offerings strictly in accordance with these terms of use and in accordance with whatever parameters, subscription limitations, or product permissions are conveyed or implicit to your account. As a condition of your use of the offerings, you warrant to HRC that you will not use the offerings for any purpose that is unlawful or prohibited by these Terms. You may not use the offerings in any manner which could damage, disable, overburden, or impair the offerings or interfere with any other party’s use and enjoyment of the offerings. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the offerings and your account within the offerings.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HRC as a result of this agreement or use of the offerings.

All content included as part of the offerings, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the offerings, is the property of HRC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the offerings. HRC content is not for resale. Your use of the offerings does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HRC and/or the respective copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HRC or our licensors.

Your continued use of functionality within the offerings confers to HRC the right to use such publication(s) or artifact(s) for its ongoing development purposes. Do not use the offerings to generate content which you do not release to HRC.

Returns and/or Refunds
The majority of HRC offerings are offered free of charge to participants. Any offerings which may include a transaction come with a 100% satisfaction guarantee. If you are not completely satisfied with your HRC offering, you may return them within thirty (30) days of receipt for a full refund – less any setup expenses which may have been incurred by HRC and which were implicitly agreed to upon your original requests. Returns may take the form of a relinquished account or cancelled artifact. Please allow 2-4 weeks from receipt of returns, for refunds to be processed.

The HRC policies regarding returns and/or refunds do not extend to 3rd-party service providers or integrated technologies. You accept responsibility, and hold HRC harmless, for any transaction which includes or pertains to a 3rd-party service, content, or technology provider.

Jurisdiction and Severability

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the offerings and/or related services.

HRC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HRC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the offerings or information provided to or gathered by HRC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

International Participants or Users
The offerings are controlled, operated, and administered by HRC from within the United States of America (USA). If you access the offerings from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the offerings in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification
You agree to indemnify, defend and hold harmless HRC, its officers, directors, employees, agents, and 3rd-party personnel or integrated technology providers, for any losses, costs, liabilities, and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the offerings or services, any user postings made by you or otherwise, your violation of any terms of this Agreement or your violation of any rights of a 3rd party, or your violation of any applicable laws, rules, or regulations. HRC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HRC in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both parties 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.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE OFFERINGS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HRC AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OFFERINGS AT ANY TIME.

HRC AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE OFFERINGS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HRC AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR YOUR USE OF THE OFFERINGS AND SERVICES RELATED THERETO.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HRC AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OFFERINGS, THE DELAY OR INABILITY TO USE THE OFFERINGS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE OFFERINGS, OR OTHERWISE ARISING OUT OF THE USE OF THE OFFERINGS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF HRC OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OFFERINGS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OFFERINGS.

Termination/Access Restriction
HRC reserves the right, in its sole discretion, to terminate your access to the offerings and the related services or any portion thereof at any time, without notice. Use of the offerings is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

 

Entirety of Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the participant and HRC with respect to the offerings and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the participant and HRC with respect to the offerings. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms
HRC reserves the right, in its sole discretion, to change the Terms under which the offerings are offered. The most current version of the Terms will supersede all previous versions.

Contact Us
HRC welcomes your questions or comments regarding the Terms. Please complete the online form located at https://relationshipsca.org/