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Terms of Use

Last modified on June 27, 2023

Terms of Use

1. Welcome, Acceptance, Definitions and Modifications

Welcome to the EM:RAP GO Website at https://www.emrapgo.org/ (the “Website”), which includes all subdomains and sub-pages present and future. We are delighted that you have chosen to visit and use the Website.

By visiting or using the Website in any way you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website. The TOU are a legal and binding agreement between you and us.

THESE TOU CONTAIN A WAIVER OF JURY TRIAL AND A WAIVER OF CLASS ACTION THAT MAY DIMINISH OR AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE WAIVERS, AS FOUND IN SECTION 13, CAREFULLY.

The Website is owned and operated by EMRAPGO, Inc., a duly-registered domestic non-profit organization in Burbank, California at the address listed below. Where the present TOU refer to “EM:RAP GO”, they may refer to EMRAPGO Inc. or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU refers to EM:RAP GO. In these TOU, a Website visitor or user may be referred to as “you”.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. The definitions found in these TOU shall also apply to our Privacy Policy.

EM:RAP GO reserves the right, at any time and without prior notice, to modify or replace any of these TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect our relationship with you, we will use commercially reasonable efforts to notify you by sending a notice to any email address we have for you and by posting a prominent notice on the Website.

These TOU should be read in conjunction with the Privacy Policy, as both of these documents govern your use of the Website.

2. Contacting Us

If you have any questions about these TOU please contact:

EM:RAP GO Legal
legal@emrap.org

or:

EM:RAP GO Legal
1812 W. Burbank Blvd., #356
Burbank, CA 91506
USA

If you have any questions about the Website generally, EM:RAP GO, or your Donation, please contact us at info@emrapgo.org or using the information on our Contact page.

3. General Code of Conduct for Use of the Website

In addition to the more specific use requirements and prohibitions found elsewhere in these TOU, by visiting and/or using the Website you agree to:

  1. Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted by EM:RAP GO;
  2. Not use the Website in any manner that violates any intellectual property rights of EM:RAP GO or any third party;
  3. Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to EM:RAP GO or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether personal information or not) of EM:RAP GO, other Website users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by EM:RAP GO in its sole discretion) an unreasonable or disproportionately large load on EM:RAP GO’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted through the Website; (3) bypass any measures EM:RAP GO may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
  6. Not use the Website to in any way collect information (whether personal or not) of any third party or in violation of EM:RAP GO’s Privacy Policy;
  7. Not interfere with any third party’s use or enjoyment of the Website;
  8. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
  9. Not attempt to do any of the foregoing prohibitions;
  10. Use the Website in good faith, and in compliance with all applicable local, state, national, and international laws, and in compliance with your obligations under these TOU.

4. Taking Action – Applications for Assistance and to Volunteer

a. Applications for Assistance
We welcome your application for scholarships towards free or discounted EM:RAP subscriptions. Once you enter the required information including personal information, education and residency information, and assistance information (collectively “Assistance Information”, as more specifically detailed in our Privacy Policy), EM:RAP GO shall determine your suitability to receive such assistance. By submitting Assistance Information, you acknowledge and agree that it is true to the best of your knowledge.

EM:RAP GO retains the right to determine who shall receive the assistance described in this section. This determination shall be at EM:RAP GO’s sole discretion. Without limiting the generality of the Disclaimer of Warranties further in these TOU, EM:RAP GO and/or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from our denial of assistance to you.

b. Applications to Volunteer
We welcome your application to volunteer to work with EM:RAP GO. Once you enter the required information including personal information, education and residency information, and assistance information (collectively “Volunteer Information”, as more specifically detailed in our Privacy Policy), EM:RAP GO shall contact you regarding available volunteer opportunities. By submitting Volunteer Information, you acknowledge and agree that it is true to the best of your knowledge.

5. Donations and Payments

a. Donations
You may use the Website to make a donation to EM:RAP GO’s Global Outreach (GO) initiative (“Donations”). EM:RAP GO is a qualified 501(C)(3) nonprofit organization, and you will be issued a tax receipt for any Donations. Donations may be made on a one-time basis or recurring monthly.

b. Billing Information and Payment Processing
In order to make a payment for your Donation, you will be required to enter your first name, last name and your email address (the “Donation Information”). You will then be required to enter the credit card holder name, billing address, credit card number, credit card expiry date, and card security code (CVC). This may be referred to in these TOU or the Privacy Policy as “Billing Information”.

Payments for Donations made through the Website are handled through the online payment processor Braintree, and recurring payments are additionally processed with Recurly (Braintree and Recurly collectively the “Third-Party Payment Processors”). The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options, but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processors, they are processed in accordance with their program rules and procedures and Terms of Use. EM:RAP GO and the Third-Party Payment Processors are unaffiliated companies and EM:RAP GO has no influence on the operations of the Third-Party Payment Processors. EM:RAP GO and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor.

c. Canceling Recurring Donations
If you chose to make a recurring monthly Donation, you may cancel future donations any time by following the link in the confirmation email you received when you made your Donation, where you can manage your Donations, including cancelling your recurring Donation.

6. Proprietary Rights

a. Intellectual Property Rights
You acknowledge that: (i) the Website contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws, and (ii) EM:RAP GO and/or third parties own all right, title and interest in and to the Website and that may be presented or accessed through the Website, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to EM:RAP GO and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in or Website; or (iii) remove, obscure, or alter EM:RAP GO’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.

The content, arrangement and layout of the Website, as well as all trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to EM:RAP GO, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of EM:RAP GO, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found in the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and EM:RAP GO may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, code in markup languages such as HTML or XML, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information
If you choose to communicate to EM:RAP GO (via any means) suggestions for improvements to the Website or EM:RAP GO and/or its businesses generally (collectively, “Feedback”), EM:RAP GO shall own all right, title and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to EM:RAP GO and waive in favor of EM:RAP GO, its successors and assigns all your moral rights in the Feedback, and agree to provide EM:RAP GO such assistance as EM:RAP GO may require to document, perfect, and maintain EM:RAP GO’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to EM:RAP GO, you are not entitled to any compensation or reimbursement of any kind from EM:RAP GO under any circumstances.

7. Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and/or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, EM:RAP GO and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

8. Termination of the Website and the TOU

You agree that EM:RAP GO, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Website (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if EM:RAP GO believes that you have acted inconsistently with the letter or spirit of the TOU.

EM:RAP GO may also, in its sole discretion and at any time, discontinue providing the Website, or any portion thereof, with or without notice. You agree that EM:RAP GO shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from EM:RAP GO’s termination of the Website, or any portion thereof.

Termination of the Website or your access to the Website shall terminate the present TOU as between you and EM:RAP GO. All provisions of these TOU which by their very nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

9. External Links

From time to time EM:RAP GO may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. EM:RAP GO provides those links as a convenience to you and EM:RAP GO takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. EM:RAP GO does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will EM:RAP GO or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

10. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE INFORMATION THEREON (WHETHER PROVIDED BY EM:RAP GO OR THIRD PARTIES) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION THEREON OR THE MATERIALS STREAMED OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE WEBSITE, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM, OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OTHER FUNCTIONALITIES OF THE WEBSITE, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM (I) YOUR USE OF THE WEBSITE THE INFORMATION THEREON, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE WEBSITE, THE INFORMATION THEREON OR ANY MATERIALS STREAMED OR DOWNLOADED.

THE INFORMATION OR RESOURCES PROVIDED THROUGH THE WEBSITE, WRITTEN OR PRODUCED BY EM:RAP GO STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS ARE KNOWN TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE WEBSITE IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR, AND EM:RAP GO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE WEBSITE.

EM:RAP GO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE WEBSITE, THE INFORMATION THEREON OR ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EM:RAP GO AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE OR ANY CONTENT STREAMED OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

EM:RAP GO SHALL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES (WHETHER FINANCIAL OR OTHERWISE) ARISING FROM OR IN RELATING TO THE INFORMATION ON THE WEBSITE OR STREAMED OR DOWNLOADED THEREFROM, THE USE OF THE WEBSITE, ACTIVITIES ARISING FROM YOUR USE OF THE WEBSITE, OR ANY THIRD-PARTY MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EM:RAP GO OR ITS REPRESENTATIVES: (I) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THE WEBSITE OR YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, EVEN IF EM:RAP GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

12. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by EM:RAP GO or its agents or subcontractors, you agree to indemnify, defend and hold harmless EM:RAP GO and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon or information streamed or downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon or information streamed or downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

13. Governing Laws and Jurisdiction; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION

These TOU, and your use of the Website shall be governed by and construed in accordance with the laws of the State of California in force at the time without regard to conflict of law provisions. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website shall be filed and adjudicated only in the State or Federal Courts located in the State of California, in Los Angeles County, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of the TOU or your use of the Website. Notwithstanding the foregoing, EM:RAP GO shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Los Angeles County court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Los Angeles County court.

You and EM:RAP GO expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods, and any legislation implementing such Convention will not apply to these TOU, your use of the Website nor to any dispute arising therefrom.

YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THESE TOU OR YOUR USE OF THE WEBSITE IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TOU OR YOUR USE OF THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND EM:RAP GO WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TOU OR YOUR USE OF THE WEBSITE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT EM:RAP GO AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TOU OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

14. Miscellaneous Provisions

  1. These TOU in conjunction with the Privacy Policy, constitute the entire agreement between you and EM:RAP GO with respect to your use of the Website, superseding any prior agreements between you and EM:RAP GO, its predecessors, affiliates or subsidiaries.
  2. EM:RAP GO shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond EM:RAP GO’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
  3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
  4. The rights granted in these TOU may not be assigned or transferred by either you or EM:RAP GO without the prior written approval of the other party. Neither you nor EM:RAP GO are permitted to delegate their responsibilities or obligations under these TOU without the prior written approval of the other party.
  5. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. We reserve the right to limit the availability of the Website or any portion of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Website or other feature that EM:RAP GO provides.
  6. The failure of EM:RAP GO to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to EM:RAP GO.
  7. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.