Terms of Use - Ohio Immigrant Alliance

Welcome to the Ohio Immigrant Alliance. Before you can start using this service, you must read and agree to the Terms of Use and Privacy Policy, including any future amendments.

Welcome to Ohio Immigrant Alliance

Last Updated: 06/02/2019

This website is provided by Ohio Immigrant Alliance. These terms and conditions of use (“Terms”) govern your use of Ohio Immigrant Alliance’s website, and any related products and services (collectively, the “Services”), so please read them carefully. By accessing this website or using the Services, you are agreeing to the Terms, Ohio Immigrant Alliance’s Privacy Policy and any other policies posted by Ohio Immigrant Alliance on this website.

Using Our Services (General Overview)

You may use our Services only if you can form a binding contract with Ohio Immigrant Alliance. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.

Our content is reserved for individuals and groups pursuing grassroots and non-profit purposes for positive social change in their community. We reserve the right to terminate access to our website and content for any individual or group who are found to pursue or actively advocate for causes or other individuals deemed hateful, including but not limited to:

racist
homophobic/anti-LGBTQ
sexist
misogynistic
anti-Semitic
Islamophobic
anti-immigrant
xenophobic
ageist
anti-disability

or in short in any other way promoting a cause which is deemed going contrary to anti-discrimination principles and/or therefore violating somebody else’s civil rights (including, but not limited acts and/or statements of hate based on the race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation of another person). Such individuals/groups will be barred permanently from the site.

Individuals and groups with the sole purpose of supporting candidates for political office are also not accepted. Exceptions may be made in cases where the individual/group is working towards a cause benefiting society overall, like immigration reform for example. If you believe you or your group have been rejected in error, contact us at [contact_us AT ohioimmigrant.org].

We also reserve the right to reject and bar any user at any time who violates our terms and conditions, threatens other Users or infringes on the (copy)rights of others. Decisions are final.

See also: II. User Identity.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Ohio Immigrant Alliance Website. In connection with your use of the Ohio Immigrant Alliance Website, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Ohio Immigrant Alliance Website or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ohio Immigrant Alliance endorsement, partnership or otherwise misleads others as to your affiliation with Ohio Immigrant Alliance;
copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Ohio Immigrant Alliance Website in any way that is inconsistent with Ohio Immigrant Alliance’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
use the Ohio Immigrant Alliance Website in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a User, any content or parts of content to which you do not own the copyright;
contact another User for any purpose other than asking a question related to a your own booking, Listing, or the User’s use of the Ohio Immigrant Alliance Website, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
request, accept or make any payment for Ohio Immigrant Alliance content. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ohio Immigrant Alliance harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Ohio Immigrant Alliance Website or Collective Content, or any individual element within the Ohio Immigrant Alliance Website, Ohio Immigrant Alliance’s name, any Ohio Immigrant Alliance trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Ohio Immigrant Alliance Website, without Ohio Immigrant Alliance’s express written consent;
dilute, tarnish or otherwise harm the Ohio Immigrant Alliance brand in any way, including through unauthorized use of Collective Content, registering and/or using Ohio Immigrant Alliance or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ohio Immigrant Alliance domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Ohio Immigrant Alliance Website for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Ohio Immigrant Alliance or any of Ohio Immigrant Alliance’s providers or any other third party to protect the Ohio Immigrant Alliance Website;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Ohio Immigrant Alliance Website;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Ohio Immigrant Alliance Website;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that Ohio Immigrant Alliance has no obligation to monitor the access to or use of the Ohio Immigrant Alliance Website by any User or to review, disable access to, or edit any User Content, but has the right to do so to in order to

operate, secure and improve the Ohio Immigrant Alliance Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
ensure Users’ compliance with these Terms;
comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
respond to User Content that it determines is harmful or objectionable; or
as otherwise set forth in these Terms. Users agree to cooperate with and assist Ohio Immigrant Alliance in good faith, and to provide Ohio Immigrant Alliance with such information and take such actions as may be reasonably requested by Ohio Immigrant Alliance with respect to any investigation undertaken by Ohio Immigrant Alliance or a representative of Ohio Immigrant Alliance regarding the use or abuse of the Ohio Immigrant Alliance Website.

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who

engages in offensive, violent or sexually inappropriate behavior,
you suspect of stealing from you, or
engages in any other disturbing conduct,

you should immediately report such person to the appropriate authorities and then to Ohio Immigrant Alliance by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

XVI. Limitation of Liability

Participation in any Experience or Event or use of any other Service connecting you with volunteers or volunteer opportunities or any other interaction you have with other Users whether in person or online remains with you. Neither Ohio Immigrant Alliance nor any other party involved in creating, producing, or delivering the Ohio Immigrant Alliance Website or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with

these Terms,
from the use of or inability to use the Ohio Immigrant Alliance Website or Collective Content,
third-party WordPress plugins and/or themes,
from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Ohio Immigrant Alliance Website, or
from your utilization of the Ohio Immigrant Alliance Website or Ohio Immigrant Alliance Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ohio Immigrant Alliance has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Ohio Immigrant Alliance OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND SOFTWARE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Ohio Immigrant Alliance, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

XVI. Indemnification

You agree to defend, indemnify and hold harmless Ohio Immigrant Alliance, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

XVII. Modifications

Ohio Immigrant Alliance reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Ohio Immigrant Alliance Website and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Ohio Immigrant Alliance Website will constitute acceptance of the revised Terms.

XVIII. Arbitration

This Dispute Resolution and Arbitration Agreement shall apply if you

reside in the United States; or
do not reside in the United States, but bring any claim against Ohio Immigrant Alliance in the United States (to the extent not in conflict with “Applicable Law and Venue”).

Overview of Dispute Resolution Process.

Ohio Immigrant Alliance is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Ohio Immigrant Alliance’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this section). Specifically, the process provides:

Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

Pre-Arbitration Dispute Resolution and Notification.

Prior to initiating an arbitration, you and Ohio Immigrant Alliance each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Ohio Immigrant Alliance’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

Agreement to Arbitrate.

You and Ohio Immigrant Alliance mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Ohio Immigrant Alliance Website, the Volunteer Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Ohio Immigrant Alliance agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement.

You and Ohio Immigrant Alliance each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules and Governing Law.

This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

Modification to AAA Rules – Arbitration Hearing/Location.

In order to make the arbitration most convenient to you, Ohio Immigrant Alliance agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Wayne County; (c) in any other location to which you and Ohio Immigrant Alliance both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

Modification of AAA Rules – Attorney’s Fees and Costs.

You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Ohio Immigrant Alliance agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

Arbitrator’s Decision.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver.

You and Ohio Immigrant Alliance acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.

No Class Actions or Representative Proceedings.

You and Ohio Immigrant Alliance acknowledge and agree that we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Ohio Immigrant Alliance both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

Severability.

Except as provided in elsewhere in this section, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes.

Notwithstanding the provisions of “Modification of these Terms”, if Ohio Immigrant Alliance changes this section “Dispute Resolution and Arbitration Agreement” after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ohio Immigrant Alliance’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ohio Immigrant Alliance in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

Survival.

Except as provided within and subject to other sections in these Terms, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Ohio Immigrant Alliance Website or terminate your Ohio Immigrant Alliance Account.

XIX. Applicable Law and Venue

The laws of the State of Ohio, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Wayne County, Ohio, and you and Ohio Immigrant Alliance consent to personal jurisdiction and exclusive venue in such courts.

Term and Termination, Suspension and Other Measures

This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Ohio Immigrant Alliance terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time via the “Cancel Account” feature on the Ohio Immigrant Alliance Website or by sending us an email. If you cancel your Ohio Immigrant Alliance Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Ohio Immigrant Alliance Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

Without limiting our rights specified below, Ohio Immigrant Alliance may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

Ohio Immigrant Alliance may immediately, without notice terminate this Agreement if

you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,
you have violated applicable laws, regulations or third-party rights, or
Ohio Immigrant Alliance believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ohio Immigrant Alliance, its Users, or third parties (for example in the case of fraudulent behavior of a User).

In addition, Ohio Immigrant Alliance may take any of the following measures

to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third-party rights,
you have provided inaccurate, fraudulent, outdated or incomplete information during the Ohio Immigrant Alliance Account registration, content creation process or thereafter, or (iv) Ohio Immigrant Alliance otherwise becomes aware of or has received complaints about your performance or conduct, or
Ohio Immigrant Alliance believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ohio Immigrant Alliance, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any User Content;
- limit your access to or use of the Ohio Immigrant Alliance Website;
- temporarily or permanently revoke any special status associated with your Ohio Immigrant Alliance Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Ohio Immigrant Alliance Account.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Ohio Immigrant Alliance and an opportunity to resolve the issue to Ohio Immigrant Alliance’s reasonable satisfaction.

Notwithstanding any of these Terms, Ohio Immigrant Alliance reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and view any Content, and to block or prevent your access to and use of the Services. Ohio Immigrant Alliance reserves the right to refuse service to anyone for any reason at any time if they are found to be in material violation (see: Prohibited Activities). In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Website, or any other data.

When this Agreement has been terminated, you are not entitled to a restoration of your Ohio Immigrant Alliance Account or any of your User Content. If your access to or use of the Ohio Immigrant Alliance Website has been limited or your Ohio Immigrant Alliance Account has been suspended or this Agreement has been terminated by us, you may not register a new Ohio Immigrant Alliance Account or access and use the Ohio Immigrant Alliance Website through an Ohio Immigrant Alliance Account of another User.

XXI. Entire Agreement

These Terms constitute the entire agreement between you and Ohio Immigrant Alliance with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.

XXII. Waiver, Severability, and Assignment

Ohio Immigrant Alliance’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Ohio Immigrant Alliance may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

XXIII. Questions and Contact Information

Any questions or comments about the Site or its contents should be directed [contact_us AT ohioimmigrant.org].