When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time on the Services. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms associated with the applicable portion of the Services will govern with respect to your use of such portion of the Services, and prevail over these Terms to the extent of the conflict.
We can change these Terms at any time and changes to these Terms are effective immediately upon posting the new Terms to the Services. By continuing to use the Services on or after that effective date, you agree to the new Terms.
We offer the Services only to those who support our Mission, as defined below. If you do not support the Mission, do not use the Services.
“Mission” means protecting the safety of Healthcare Workers, such as providing Equipment to Healthcare Workers, working on policy initiatives to help make Equipment more available to Healthcare Workers, educating volunteers on the creation and distribution of Equipment, and helping reduce hospitalization rates to help reduce the strain on hospitals.
“HealthCare Workers” means front-line persons who protect the health of others, such as doctors, nurses, and hospital support staff (including technicians, assistants, janitors, drivers, and delivery persons).
“Equipment” means supplies that can help protect individuals from COVID-19 and related issues, including but not limited to, n95 masks, ventilators, generators, gloves, and hand sanitizer.
If we believe you intentionally used the Services in contradiction of the Mission, you may be banned from the Services and you affirm that we can publicly name you and discuss how you used our Services against our mission. For example, Masks for Docs may publicly post on social media about a person who signs up as our volunteer simply to steal Equipment for their personal reasons.
While we undertake measures to help ensure the Equipment we provide is safe and effective, we do not and can not make any guarantees to that effect. Equipment is provided as is and we expect that the recipient has the familiarity and opportunity to inspect its suitability for their intended use. BASED ON SUCH INSPECTION, YOU ACCEPT THIS EQUIPMENT "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE.
By submitting a request for Equipment, you affirm and agree that:
• all information about the nature of your request and your occupation is accurate and truthful
(the use of aliases or otherwise masking your personal information to mask your identity is permitted);
• you will only use Equipment in the manner described in your request or, if no longer possible, to help protect the safety of Healthcare Workers;
• will take best efforts to ensure that Equipment is used in furtherance of our mission, including prioritizing Healthcare Workers as downstream recipients (if applicable); and
• you will not charge money to anyone for the provision, preparation, or use of Equipment you received from Masks for Docs.
For purposes of this section, User Content means, any and all data that you submit, upload, transmit, or create through the Services, including without limitation, Accounts, descriptions or text, chats, software, profile information, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users of Services.
a) To the maximum extent permissible by law, we assume no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of our Services is at your own risk, and you are solely responsible for any User Content that you post.
Any form of advertising, including spam, commercial solicitation, chain letters, or mass mailings, are prohibited through our system except as indicated (e.g., advertising a local block party).
d) Any form of advertising, including spam, commercial solicitation, chain letters, or mass mailings, are prohibited through our system except as indicated (e.g., advertising a local block party).
e) When you transmit or upload User Content, you agree to respect other individuals. Specifically, all content will be free from obscenity, threats, defamation, invasion of privacy, and other injuries to third parties; you will not attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, RenterPeace itself or RenterPeace affiliates; and you will not organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or similar health class, gender, age, low-income, or similar classes determined by Masks for Docs.
By using the Services, you affirm that (a) you are of the age of majority in your jurisdiction (usually 18, but not always) to enter into these Terms (and in any case, older than 16). These Services are not directed to minors.
The Services are owned and operated by Masks for Docs. You acknowledge and agree that Masks for Docs owns all right, title, and interest in and to the Services, including: (a) all videos, audio, images, graphics, text, interfaces, information, data, software, and all other elements of the Services, and the design, selection, look, feel, and arrangement thereof; and (b) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein and thereto. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services or any content or information made available through the Services without Masks for Docs’s written consent. You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of these Terms or any access to or use of the Services. You agree that all content provided to you through the Services is owned by Masks for Docs, Providers and/or other third parties and that you will have no ownership rights in such content.
Subject to your compliance with these Terms, Masks for Docs hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your use consistent with our Mission, as provided herein.
You may not use the Services for any other purpose, nor may you:
• transfer or otherwise permit any other person or entity to access the Services using your account, which you acknowledge and agree is personal to you and is non-transferable;
• publish, reproduce, distribute, display, perform, edit, adapt, modify, create derivative works of, resell, or otherwise exploit the Services or any content distributed thereon under any circumstances;
circumvent or disable any content protection system or digital rights management technology used with the Services;
• decompile, reverse engineer, disassemble or otherwise reduce the Services or any software or technology provided to you in connection with the Services, to a human-readable form, except to the extent expressly permitted by applicable law notwithstanding this restriction;
• remove identification, copyright, trademark, or other proprietary notices from content or materials provided on the Services;
• access or use the Services in an unlawful or unauthorized manner;
• access or tamper with non-public areas of the Services, our computer systems, or the systems of our Providers;
• access or search the Services by any means other than the generally available, published interfaces (e.g., APIs) that we provide;
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false information;
• impersonate or otherwise pose as someone you aren’t in communicating with us, creating an account, or otherwise using the Services.
• interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such
a manner as to interfere with or create an undue burden on the Services; or
• attempt to do, or assist any third party in doing, any of the foregoing.
Our Services (including our App and Website), software, and any copyrighted materials we make accessible as part of our Services are licensed, not sold to you. You must not copy, adapt, distribute, publicly display or publicly perform any copyrighted materials we make available as part of our Services, except in full compliance with these Terms, which constitute license conditions and limitations, and contractual covenants.
You acknowledge that the Services are licensed, not sold to you and that third-party terms and fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.
Access to the Services may be interrupted for reasons within or beyond the control of Masks for Docs, and that Masks for Docs cannot and does not guarantee you will be able to access or use the Services whenever you wish to do so. To the fullest extent permitted under applicable law, we will not be liable for any downtime, change to, or any discontinuation of the Services. You agree that no consideration shall be provided to you by Masks for Docs or its Providers for being unable to access the Services or part of the Services unless legally required.
If you find a security vulnerability in the Services, you must report the issue to us and keep it confidential until we have fixed the vulnerability. You can reach us at [email protected]
The word “Masks for Docs,” the Masks for Docs logo, and other Masks for Docs marks, graphics, and logos are trademarks of Masks for Docs. None of the Masks for Docs trademarks may be used, copied, downloaded, or otherwise exploited without Masks for Docs’s prior written consent in each instance. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of Masks for Docs or the owner of the marks, as applicable.
Masks for Docs and Providers may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by Masks for Docs, including through the Services or contact information you provide as part of the registration process for the Services. As permitted by applicable law, Masks for Docs and/or Providers may send you communications that (i) solicit Feedback via email, surveys, bug reports, or other methods Masks for Docs may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or these Terms; and (iv) tell you about future Masks for Docs programs, products or services. You agree that any such notices, disclosures, and other communications will satisfy Masks for Docs’s applicable legal notification requirements. Masks for Docs recommends that you keep a copy of any electronic communications we send to you for your records.
By providing your phone number to Masks for Docs, you agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with Services.
If you have an issue or concern we’d like to try to work it out informally first. Before filing a claim against Masks for Docs, you agree to try to resolve the dispute informally by contacting us. We’ll try to resolve the dispute informally by responding to you by email. If the dispute is not resolved within 15 days of submission, you or Masks for Docs may bring a formal proceeding.
You and Masks for Docs agree that any judicial proceeding to resolve claims relating to these terms or the Service will be brought in the federal or state courts of Los Angeles County, California. Both you and Masks for Docs consent to venue and personal jurisdiction in such courts for any matters not resolved by arbitration as provided below. If you reside in a country (e.g., in the EU or Canada) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those rights.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, Masks for Docs, PROVIDERS, THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THOSE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “Masks for Docs PARTIES”) DO NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY, OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN VIDEO, AUDIO, TEXTUAL, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). Masks for Docs PARTIES NO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PROVIDERS. Masks for Docs PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS IN THE SERVICE, FOR YOUR USE OF THE APPS WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY Masks for Docs, OR FOR YOUR USE OF ANY VERSION OF THE APPS OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF SUCH APPS. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICES.
This paragraph is inapplicable in Quebec: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Masks for Docs BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE, LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES, AND ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF THE Masks for Docs PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE Masks for Docs PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND USD $100. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THE BASIS OF THE BARGAIN CONTEMPLATED BY THESE TERMS.
THE FOREGOING LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW (SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE TERMS MAY NOT APPLY TO YOU).
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Masks for Docs Parties (as defined above) and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Services (including all Feedback); (b) any violation or alleged violation of these Terms by you, and (c) your fraud, intentional misconduct, negligence, or other tortious or criminal acts or omissions. Masks for Docs reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Masks for Docs with such information and assistance as Masks for Docs reasonably requests.
Masks for Docs may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Masks for Docs believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Services will immediately cease, and Masks for Docs may, without liability to you or any third party to the fullest extent permitted by applicable law, immediately deactivate or delete your account, and all associated data and materials, without any obligation to provide any further access to such data or materials. Masks for Docs reserves the right to pursue all rights and remedies available at law or equity. These terms shall survive the termination of your account, deletion of data, and opt out by the user.
These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
a. Masks for Docs’s Relationship with You. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Masks for Docs.
b. No waiver. Masks for Docs’s failure to enforce any provisions of these Terms or respond to a violation of these by any person does not waive Masks for Docs’s right to subsequently enforce any terms or conditions of the Terms or respond to any such violations.
c. Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that such provision shall be deemed severable from these Terms, that the court should try to give effect to the parties’ intentions as reflected in the provision, and that all other provisions of the Terms will remain in full effect.
d. Assignment, Transfer, and Sublicensing. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.
e. Headings. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains or affects the interpretation of any section or provision or the rights of any party.
f. Interpretation. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
g. Force Majeure. Masks for Docs will not be responsible for any failure to fulfill any obligation due to any cause beyond its reasonable control.
h. Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Masks for Docs and you concerning the Services.
i. Notices. Notices to you (including notices of changes to these Terms) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail.
j. Admissibility. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
k. Export Control. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
l. Language. The parties have requested and agreed that this contract and all related documents shall be drafted in English only.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Apps compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein to our iOS-compatible App is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms are not subject to the consent of any third party.
© 2020 Masks For Docs Foundation. All rights reserved.
Masks for Docs and the logo are trademarks of Masks For Docs Foundation. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.