Terms and Conditions
This Terms of Service Agreement (the "Agreement") is a legal agreement between you ("You" or the “User”) and Loquatree Ventures, Inc. ("Company") for use of the website found at http://www.togetherhood.com (the “Site”), the servers used by Site, the computer files stored on such servers, and all services, features and content offered by the Company (collectively, the "Service").
This Service is designed to provide a forum for support of “Quirky” children. When we say Quirky, we mean a child who may seem like everyone else on the outside, but who struggles with neurological, behavioral or learning challenges including anxiety, sensory integration, attention some high-functioning Spectrum disorders.
A “User” is a parent and other seeking support and services for their Quirky child through the Site. A “Practitioner” is a health care professional or other service provider whose services or business are listed on the Site. When we say “You,” we are referring to Users and Practitioners.
ACCEPTANCE OF TERMS
Please read this Agreement carefully. By creating an account or accessing or using the Service, You acknowledge that You accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SERVICE. We may modify this agreement from time to time. Any amended terms automatically take effect 10 days after they are initially posted on this site. Your use of the Service following the effective date of any modifications to this agreement will constitute your acceptance of the agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
Registration and Eligibility
• You shall not create an account or access the Service if You are under the age of 18;
• You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• You shall not have an Account or use the Service if You have been previously removed by the Company.
The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service solely for the support of Quirky children, and subject to the other terms of this Agreement. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational, non-commercial, personal use only.
The Company also grants You a limited, revocable license to create a hyperlink to the Site, provided such link does not portray the Company or any of aspect of the Service in a false, misleading, derogatory or defamatory manner. You may not use framing or other techniques to enclose any Company trademarks, logos, proprietary information or images or other content from the Site without our express written consent. Further, You may not use any meta tags or any other “hidden text” utilizing the Company name, trademark or product name without the Company’s express written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party.
All rights, title, and interest in and to the Service that are not expressly granted in this Agreement are reserved by the Company, and You must obtain prior written consent from the Company to use any trademark or other content displayed in connection with the Service.
Your Use of the Service
As a condition of using the Service, You agree not to use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Service and You shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
• You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service
• You may not modify, reverse engineer, decompile or disassemble the Service.
• You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company.
• You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
• You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
• You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
• You may not access the Service to compile data in a manner that is used or usable by a competitive product or service.
• You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive
messages to anyone;
• You shall not use your Account to engage in any illegal conduct;
• You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
Any such forbidden use shall immediately terminate your license to the Service.
Messaging and inMail
The Service will facilitate Your ability to communicate with other users of the Service. You acknowledge that you consent to other members contacting you through the Service.
“User Content" means any communications, images, sounds, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit. By transmitting or submitting any User Content while using the Service, You affirm, represent and warrant that such transmission or submission is
(a) accurate and not confidential;
(b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information, photo or likeness, or intellectual property is comprised in the User Content;
(c) free of viruses, adware, spyware, worms or other malicious code;
(d) does not constitute unauthorized advertising or “spamming; ”
Furthermore, You agree that You shall NOT upload any User Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion.
You understand that You are entirely responsible for all of the User Content You make available via our platform. We do not control the User Content that You share publicly or that other users share and we cannot guarantee the accuracy, integrity, or quality of your information or that of other users. We do not endorse any opinions expressed by You or others using the Service and we do not have any obligation to monitor or remove content that You may find offensive or objectionable.
We do not guarantee that any User Content will be made available on the Site or through the Service. Although have no obligation to monitor the Site, Service, or User Content, We reserve the right to review and remove or suspend material accessible by or transmitted through the Service that, in our sole discretion, We believe is in violation of the law or of this Agreement or is unacceptable to Us in our sole discretion.
User Content License
You hereby grant Company and a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, 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, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content.
Digital Millennium Copyright Act (DMCA)
Pursuant to the DMCA, please follow the step set forth in our Copyright Policy for reporting copyright violations on the Site.
Practitioners acknowledge and agree that after registering on the Site as a Practitioner, Users may post reviews related to services received from Practitioners or Practitioner’s practice or business. As a Practitioner, you understand that you will have an option to respond to any review and your response will be visible on the Site. Practitioners understand and agree that no other remedy exists to responding to a review you disapprove of, unless the review breaches the terms of this Agreement, in which case the Company may remove the review in its sole discretion. Practitioners also understand and agree that through the ValueMatch feature of the Site, We may customize how reviews and recommendations are presented to different individual Users by weighting reviews and recommendations according to information we collect about each User’s values and preferences regarding certain parenting decisions and topics.
You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
Use of Mobile Devices
Please note that your carrier's normal rates and fees, such as text messaging and data charges, will still apply if You are using the Service on a mobile device.
We reserve the right to view, monitor, and record activity when You use the Service without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
Third Party Links
The Service may give You access to links to third-party websites ("Third Party Sites"). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to
determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site. Further, other
websites may hyperlink to this Site and we make no claim or representation regarding, and accept no responsibility for the quality, content, nature or reliability of any other such websites.
Changes to the Service
From time to time and without prior notice to You, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain aspects of the Service. Any modification or elimination of the Service will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and your use of the Service does not entitle You to the continued provision or availability of the Service.
You hereby agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of (a) your breach of this Agreement, (b) improper use of the Service, or (c) your violation of any law or the rights of a third party.
THE SERVICE IS PROVIDED “AS IS”. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, CONCOURSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, SERVICE, OR USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Company may terminate your license to use the Service with or without cause at any time, with or without notice should You breach this Agreement or fail to comply with any term of this Agreement. You may also terminate this Agreement by simply discontinuing use of the Service. All provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• Choice of Law. The TOS shall be governed by the laws of the State of California without regard to its conflict of law provisions.
• No Waiver. The Company’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision.
• No Third-Party Beneficiaries or Rights. This Agreement is not intended to create any rights or benefits for third-parties.
Company in connection with our Site or Service, shall constitute the entire agreement between You and the Company concerning the Site or Service, and shall supersede any prior terms You had with the Company regarding the Site or Service.
• Severability. If any provision of this Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of this Agremeent shall remain in full force and effect.
• Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
• Arbitration. Any controversy or claim arising out of or relating to this Agreement or the Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the County of San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the
Company or You may seek any interim or preliminary relief from a court of competent jurisdiction in the County of San Francisco, California, as
necessary to protect the rights or property of You or the Company.
BY USING THE SERVICE OR ACCESSING THE SITE OR SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.