Terms

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1. Introduction.

These Terms and Conditions of Use (“Terms”) govern your (“you” or “your”) use of the SV2 – Silicon Valley Social Venture Fund (“SV2,” “we,” “us,” or “our”) Websites.  The “Websites” encompass the websites www.sv2.org, my.sv2, and the pages, features and services they contain for visitors, Partners, Grantees and Investees (each as defined below).  These Terms are a binding contract between you and SV2.

We may revise the Websites and these Terms from time to time.  If we make material changes to the Terms, we will notify you via the Websites.  All amended Terms become effective upon the earlier of (i) your use of the Websites after such revisions have been posted and (ii) fourteen days after such revisions have been posted.

YOU UNDERSTAND THAT BY USING THE WEBSITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY FOUND HERE.  IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITES.

2. Eligibility.

If you use the Websites on behalf of a company or other organization for whom you work, you represent and warrant that you are authorized to bind such company or organization to these Terms and to act on behalf of such company or organization with respect to any actions you take in connection with the Websites.  You agree to respond promptly and completely to requests from SV2 for additional information that SV2 deems necessary to determine your authority to act Eon behalf of a company or organization.

3. Becoming a Partner and Using my.sv2.

“Partners” are the members of SV2 whose input and contributions are used to make grants and investments in nonprofit organizations and impact-oriented companies. You may apply to join SV2 as a Partner by filling out an application located in the “Become a Partner” link on the sv2.org Website. Partners are bound by these Terms.  Please see our Privacy Policy for information on how we may use information provided by Partners and prospective Partners.

We have partnered with Socious, Inc. to create and manage the my.sv2 Website.  My.sv2 is a community resource for Partners to interact with SV2 and each other through the use of forums, emails, event planning, informational resources and a membership directory.  Partners may elect to participate in one or more interest groups within the my.sv2 Website, each of which contains its own email threads, forums and event calendars.  Partners are invited to share information about themselves in their member profile (“Profile”), such as their educational and career history, professional skills, contact information, interest areas and other biographical information.  Your Profile is visible and searchable by other Partners, and your contact information will be displayed unless you specify otherwise.

If you are approved as a Partner, upon payment of your first Contribution (as defined below), SV2 will create a my.sv2 username for you, based upon the email address you provide.  You will receive a temporary password, and you will be able to update the password upon login. Your username and password are referred to as your “Login Credentials.”  Should we create a my.sv2 account for you, you agree to provide us with accurate and complete registration information about yourself and update your registration information if it changes.  You may not transfer your account to anyone else without our prior written permission.  You are solely responsible for any activity associated with your account and may not share your Login Credentials with anyone.

4. Making Donations or Contributions.

If you wish to help SV2 continue to make an impact on our local and global communities, you may make a one-time or recurring donation (“Donation”) by clicking on the “Donate” link on the sv2.org Website.  If you are a Partner, you may make your annual contribution (“Contribution”) by following the sv2.org Website’s instructions for making Contributions under the “Donate” tab.

You have the option to make online Donations or Contributions through PayPal or Stripe.  If you use PayPal, you are agreeing to PayPal’s user terms, which can be found here.   If you provide your credit card information on the “Donate” page on the sv2.org Website, it will be processed through Stripe, in accordance with its terms of use found here.  In no event will SV2 be responsible for the actions or inactions of PayPal, Stripe or any other third party payment processor, including, but not limited to, system downtime or payment service outages.  You agree to pay all charges incurred by your PayPal account or by Stripe in connection with the Websites at the prices in effect when such charges are incurred.  You further agree to pay any applicable fees, taxes, assessments and charges relating to any such or other monetary transaction relating to third party processing of any payments related to the Websites.

5. Tax.

SV2 is a 501(c)(3) organization and gifts are tax-deductible as permitted under applicable law.  However, although SV2 may issue a receipt for Donations or Contributions, SV2 will have no responsibility for determining the necessity of or for issuing any tax forms, or for determining, remitting, or withholding any taxes applicable to you for any Donations, Contributions, or other exchanges made via the Websites.  You will be solely responsible for determining whether you are required by applicable law to file any tax forms with the appropriate authorities.

6. Getting on Our Radar.

Due to our collaborative, Partner-driven grant-making model, SV2 does not accept unsolicited grants or investment proposals. However, if you represent a nonprofit organization or impact-oriented company, you may provide us with information about your organization and how best to reach you by filling out the form on the “Grantee and Investee Opportunities” page on the sv2.org Website.  SV2 will reach out to all organizations in its database whose work is a potential fit for that round of grants and investments.  Organizations that have been selected and approved by SV2 for grants and investments are referred to as “Grantees” and “Investees,” respectively.

7. License to Use the Website and Acceptable Uses.

Except for your User Content (as defined in the next section), the Websites, and all materials therein or transferred thereby or provided by SV2 on the my.sv2 or sv2.org Websites, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video and music (the “Content”), and all intellectual property rights related thereto, are, as between the parties, the exclusive property of SV2 and its licensors.  Subject to the license below, all intellectual property rights are reserved.

Subject to your compliance with these Terms, SV2 hereby grants you a non-exclusive, non-transferable, revocable, limited personal right (without the right to sublicense) to access the Websites and Content you are authorized to view, download for caching purposes only and print pages from the Website for your own personal use, or internal business use if you are accessing the Website on behalf of your business or organization.

You agree that you will not use the Websites or Content if you are not fully able and legally competent to agree to these Terms and that you will only use the Websites and Content in full compliance with all applicable laws and these Terms.  You agree you will not use the Websites or Content in any way that causes, or may cause, damage to the Websites or impairment of the accessibility of the Websites, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  Further, except as specifically permitted herein or approved in writing in advance by SV2, you agree that you will not:

  • conduct any systematic or automated data collection activities (including and without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to the Website;
  • use the Websites for any purposes related to marketing or unsolicited commercial communication;
  • use the Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • sell, sublicense, assign, lease, loan, reproduce, publicly display, redistribute, copy, create derivative works of, port or otherwise modify or exploit the Content outside of the Websites in any form or manner or by any means. Where Content is specifically made available for redistribution, it may only be redistributed within your organization;
  • remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Content;
  • disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Websites or Content (except and only to the extent any foregoing restriction is prohibited by applicable law);
  • use the Websites to harm minors in any way;
  • circumvent any functionality that controls access to or otherwise protects the Websites or Content; or
  • permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a material breach of these Terms and a violation of the rights of SV2 and its licensors.

8. User Content.

Any and all content, including your Profile information, any communications, images, sounds and all other material or information, that you submit (e.g. by uploading or transmitting) to SV2 (collectively, “User Content”) shall be deemed, and shall remain, your property from the moment of creation.  Accordingly, you hereby grant SV2 a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity), subject to the limitations set forth in our Privacy Policy with regard to your Personal Information.  To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.

You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Websites, that:

  • infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty (see our Notice of Infringement – DMCA policy below); for example, by reproducing songs, poems, articles, logos, trademarks, pictures, photos, music or other material that is not owned by you (or which you do not have a license to reproduce on the Websites);
  • you know is false, misleading, untruthful or inaccurate;
  • constitutes unauthorized or unsolicited advertising, junk, “spam” or bulk email;
  • is used to cause nuisance, annoyance or inconvenience to SV2 or any other user, or is otherwise threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially or ethnically objectionable;
  • is subject to any obligation or condition (including under any “open source” license such as the GNU Public License, Lesser GNU Public License, or Mozilla Public License) that could require or condition the use or distribution of such User Content or portion thereof on (i) the disclosure, licensing, or distribution of any source code for any portion of such User Content, or (ii) the granting to licensees of the right to make derivative works or other modifications to such User Content or portions thereof; or
  • includes any third party’s personal information or sensitive financial information.

You understand that the technical processing and transmission of the Websites, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SV2 does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications when you are on the Websites, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. We do not assume responsibility or liability for User Content that is generated by users, and do not guarantee the accuracy, integrity or quality of any User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR THE FOLLOWING REASONS (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement and the Privacy Policy; (c) to protect SV2’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

9. Notice of Infringement – DMCA Policy.

Anyone who believes that his or her work has been reproduced on the Websites in a manner which constitutes copyright infringement may submit a notification to SV2’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

  • identification of the copyrighted work that is claimed to be infringed;
  • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Websites;
  • information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address;
  • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent, or the law;
  • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice.  You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.

Notices of copyright infringement claims should be sent by mail to Silicon Valley Social Venture Fund Attn: Copyright Agent, Sobrato Center for Nonprofits – Redwood Shores 350 Twin Dolphin Drive, Suite 103 Redwood City, CA 94065; or by email to info@sv2.org.  SV2 will respond expeditiously to claims of copyright infringement using the Websites that are reported to SV2’s copyright agent in the notification explained above.  It is SV2’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.

If you believe that your User Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to SV2’s Copyright Agent: (1) your physical or electronic signature (with your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled, as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number and email address, and a statement that you will accept service of process form the person who provided the original notification of the alleged infringement.

If a counter-notice is received by SV2’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the original removed content or cease disabling it.  Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at SV2’s sole discretion.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership.  Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation using this process.

Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

10. No Warranties.

Every effort is made to keep the Websites up and running smoothly. However, the Websites may be unavailable from time to time for maintenance or other reasons.  SV2 shall have no responsibility for any interruption, delay in operation or transmission, unauthorized access to, truthfulness of, or alteration of the Websites or any Content.  SV2 MAKES NO WARRANTIES WHATSOEVER FOR THE WEBSITES.  ALL USE OF THE SV2 WEBSITES ARE AT YOUR OWN RISK.  THE WEBSITES AND ANY CONTENT AND INFORMATION PRESENTED VIA THE WEBSITES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY.  SV2 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SV2 WEBSITES OR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITES (INCLUDING THE SV2.ORG AND MY.SV2 WEBSITE) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN.  SV2 MAKES NO WARRANTIES REGARDING ANY RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITES.

If you receive or request any news, messages, alerts or other information from the Websites concerning companies, stock quotes, investments or securities, such information is provided for informational purposes only, and no Content included in the Websites is intended for trading or investment purposes.  SV2 and its representatives and licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Websites and shall not be responsible or liable for any trading or investment decisions made based upon such information.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

11. Limitations of Liability.

UNDER NO CIRCUMSTANCES WILL SV2 OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL OR LOSS OR CORRUPTION OF DATA, OR FOR ANY COST OR PROCURING SUBSTITUTE GOODS, WEBSITE OR INFORMATION, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, ARISING FORM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITES, INCLUDING ACCESS AND USE OF THE  SV2.ORG AND MY.SV2 WEBSITES, EVEN IF SV2 IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, SV2 SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR UNAUTHORIZED ACCESS TO OR USE OF THE SV2 WEBSITES.

IN NO EVENT SHALL SV2 BE LIABLE TO YOU FOR ANY DAMAGES EXCEEDING $500.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE REASONABLE AND ESSENTIAL COMPONENTS OF THESE TERMS AND THAT SV2 WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR SUCH LIMITATIONS OF LIABILITY TO INDUCE SV2 TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS.

Nothing in this disclaimer will exclude or limit SV2’s liability in respect of any death or personal injury caused by SV2’s negligence, any fraud or fraudulent misrepresentation on the part of SV2, or any other matter for which it would be illegal or unlawful for SV2 to exclude or limit, or attempt or purport to exclude or limit, its liability.

12. Other Parties.

You accept that, as a limited liability entity, SV2 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SV2’s officers or employees in respect of any losses you suffer in connection with the Websites.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect SV2’s officers, employees, directors, agents, affiliates, partners, licensors, subsidiaries, successors, assigns and sub-contractors as well as SV2.

SV2 may provide, or other third parties may provide, links to other websites or resources.  Because SV2 and its representatives have no control over such sites and resources, you acknowledge and agree that SV2 and its representatives are not responsible or liable for any content, advertising, products, or other materials on or available form such sites or resources.  You further acknowledge and agree that SV2 and its representatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party sites or resources, or any goods or services available on or through any such site or resource.  All third party sites are governed by their own terms of service and privacy policies, and we have no responsibility or liability for these independent policies or terms.

13. Confidentiality.

You agree not to disclose or attempt to use or personally benefit (financially or otherwise) from any Confidential Information (as defined below) that is disclosed to or known by you because of your activities related to the Websites until such time as the Confidential Information has become publicly available through no action of your own, except to the extent required by law or as expressly permitted by SV2.  The following should be considered strictly confidential: (a) any financial or personal information about SV2 or any of its Partners, agents, employees or board members; (b) any information about current or prospective grants or investments by SV2; or (c) any other nonpublic or proprietary information about SV2 or its employees, agents, directors, Partners, Grantees or Investees (collectively, “Confidential Information”).  If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information to anyone, you will promptly notify SV2, unless prohibited from doing so by the express terms of a government subpoena or court order, and will cooperate fully with SV2 in protecting such information to the extent possible under applicable law.  Upon request by SV2, you agree to return or destroy all Confidential Information in your possession.

14. Indemnity.

You hereby agree to indemnify, defend and hold SV2 and its employees, Partners, officers, directors, agents, affiliates, successors, assigns and sub-contractors harmless from and against any and all liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, with respect to any third party suits, actions, claims or proceedings brought against SV2 or the aforementioned parties arising out of your use of  the Websites, any of your User Content, or your my.sv2 Login Credentials in violation of these Terms.

15. Breaches of These Terms.

Without prejudice to SV2’s other rights under these Terms, if you breach these Terms in any way, SV2 may take such action as SV2 deems appropriate to deal with the breach, including suspending your access to the Websites, prohibiting you from accessing the Websites, blocking computers using your IP address from accessing the Websites, disabling your Login Credentials, contacting your internet service provider to request that they block your access to the Websites and/or bringing court proceedings against you.

16. Termination.

You have the right to cancel your my.sv2 account (if applicable) at any time upon notice to SV2, and SV2 has the unlimited right to terminate or limit your account (if applicable) and/or access to the Websites at any time and for any reason, including, without limitation, for violation of these Terms.  Termination will not limit any of SV2’s other rights or remedies at law or in equity.

In the event your SV2 account is terminated for any reason, (a) your Login Credentials (if applicable) will be automatically released to us, and will no longer be associated with or controlled by you, (b) your Profile will no longer be visible or accessible to other Partners, and (c) SV2 may, but is not obligated to, delete your Profile and any User Content you have posted onto the my.sv2 Website.  Upon deactivation of your Login Credentials or other termination of your use of the Websites, SV2 will have no obligation to preserve or return to you any User Content, images, files or other materials related to your my.sv2 account (if applicable).

17. Arbitration (“ARBITRATION AGREEMENT”).

THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING).  PLEASE READ IT CAREFULLY.  YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

You agree that if you have any dispute with SV2 relating in any way to these Terms or from access to or use of the SV2 Websites, you will first contact us and attempt to resolve the dispute with us informally.

If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration.  If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the date you first access or use the SV2 Websites by following the procedure below.

Arbitration is more informal than a lawsuit in court.  There is no judge or jury in arbitration.  Instead, the dispute is resolved by a neutral arbitrator.  Court review of an arbitration award is limited.  Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award.  You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SV2 are each waiving the right to a trial by jury or to participate in a class action.  This Arbitration Agreement will survive any termination of these Terms.

If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to SV2 of your intent to arbitrate (“Notice”).  The Notice to SV2 should be sent by sending the Notice by registered or certified mail to SV2- Silicon Valley Social Venture Fund, Sobrato Center for Nonprofits – Redwood Shores 350 Twin Dolphin Drive, Suite 103 Redwood City, CA 94065.  The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.  The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator.  The arbitration will be conducted in San Mateo County, California, U.S.A.

Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that SV2 will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief form the courts for matters related to data security, intellectual property or unauthorized access to the SV2 Websites.

If you do not want to arbitrate disputes with SV2 and you are an individual, you may opt out of this Arbitration agreement by sending an email to: info@sv2.org within 30 days of the first date you access or use the SV2 Websites.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND SV2 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.

18. General.

Recognizing the global nature of the Internet, you agree to comply with all applicable laws of the United States regarding online conduct and acceptable User Content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  If a provision of these Terms is determined by a court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full effect.  SV2 may transfer, subcontract or otherwise deal with SV2’s rights and/or obligations under these Terms without notifying you or obtaining your consent.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your SV2 account, in any way (by operation of law or otherwise) without SV2’s prior written consent. Notwithstanding anything to the contrary, these Terms shall be governed by the laws of the State of California without reference to its conflict of law provisions.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  The headings and captions contained herein will not be considered to be part of these Terms but are for convenience only.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of SV2, and you do not have any authority of any kind to bind SV2 in any respect whatsoever. You and SV2 agree there are no third party beneficiaries intended under these Terms.  Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.  All terms which by their nature are intended to survive termination of these Terms shall so survive, including but not limited to: Sections 2 (Eligibility), 4 (Making Donations or Contributions), 5 (Tax), 8 (User Content), 9 (Notice of Infringement- DMCA Policy) 10 (No Warranties), 11 (Limitations of Liability), 12 (Other Parties), 13 (Confidentiality), 14 (Indemnity) 16 (Termination), 17 (Arbitration) and 18 (General).  These Terms, together with the Privacy Policy, constitute the entire agreement between you and SV2 in relation to your use of the Websites, and supersede all previous and contemporaneous agreements in respect of your use of the Websites.

 

 Last updated on September 28, 2017.

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