BailFundApp Terms of Use

ANY DISPUTE BETWEEN YOU AND US IS SUBJECT TO BINDING ARBITRATION, AS SET FORTH IN SECTION 6. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

Introduction

The BailFundApp automates key workflows and reporting to help bail fund organizations reach operational efficiency. These Terms of Use applies to: (1) bail fund administrators, staff, and volunteers who use the BailFundApp ("Customers") and (2) the members of the community, legal professionals, or other individuals who submit information about prospective bailees for use in connection with the BailFund App ("Referrers"; together with Customers, "you").

1. Contract and Services

1.1 Contract. When you use or submit information to the BailFundApp, either as a Referrer or a Customer, you agree to all of these terms. Your use of the BailFundApp is also subject to our Privacy Policy, which covers how we collect, use, share, secure and store personal information.

You agree that by registering for, accessing or submitting information to the BailFundApp, you've entered into a legally binding contract with the Chan Zuckerberg Initiative, LLC ("we," "us"), even if you're using the BailFundApp on behalf of an employer or an organization for which you volunteer. If you don't agree to these Terms of Use or our Privacy Policy, do not register for, access, submit information to, or otherwise use the BailFundApp. You can terminate this contract at any time by ceasing use of the BailFund App and notifying us at the address in Section 9.

1.2 Changes. We may modify these Terms of Use. If we make material changes to it, we'll notify you through the BailFundApp, so that you can review the changes before they become effective. If you object to any changes, you may stop using or accessing the BailFundApp. Your continued use of the BailFundApp after the effective date of our changes to these terms means that you have consented to the updated terms.

2. Obligations

2.1 For Referrers. We require that information you provide as a Referrer be accurate to the best of your knowledge, and not in violation of the intellectual property rights, privacy rights or other rights of any third party.

2.2 For Customers.

(a) Eligibility. Only bail fund administrators, staff, and volunteers are allowed to access the BailFundApp as Customers. We require that information you provide as a Customer be accurate. Creating an account with false information is a violation of our terms.

(b) Accounts and Passwords. Customers are account holders. As a Customer, you agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer or share your account or password; and (4) follow applicable law and these Terms of Use. You are responsible for anything that happens through your account unless and until you report unauthorized access or use of it to us by notifying us at security@chanzuckerberg.com.

(c) No Payment: CZI provides the BailFundApp at no charge to you.

(d) Notices and Messages. You agree that we will provide notices and messages to you related to the BailFundApp in the following ways: (1) within the BailFundApp itself, and/or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

3. Rights and Limits.

3.1. Your License to Us. You may provide information, feedback and content through the BailFundApp where required (e.g., when you register) or when optional (e.g. if, as a Customer, you volunteer to complete a survey, or if you submit information as a Referrer). You may also provide us with information about individuals who are candidates for receiving assistance from a bail fund or who have already received that assistance ("Clients") either as a Referrer or as a Customer in connection with the operation of a bail fund, (that information, "Client Data"). You own the content and information that you submit or post to the Services, and -- except with respect to Client Data -- you grant us the following non-exclusive license:

An irrevocable, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, distribute, and process information, feedback, and content that you provide through our Services (including survey responses), without further consent, notice and/or compensation to you or others. The license rights you grant to us are limited in the following ways:

  1. We will not use your information, feedback, or content for the purposes of marketing or advertising.

  2. By submitting feedback related to the Services to us, you agree that we can -- but aren't required to -- use and share that feedback for any purpose without compensation to you.

  3. If the information, feedback, or content you provide to us includes personal data, it's subject to our Privacy Policy.

Client Data is not subject to this Section 3.1 and is addressed in separate agreements with the bail funds or bail fund networks with which we partner.

3.2 Your Content. You agree to only provide content, information, and feedback that does not violate the law nor anyone's rights (including intellectual property, privacy, or other rights of any third party).

3.3 Service License and Availability. We may change, suspend or end any part or all of the BailFundApp at our discretion, for any reason or no reason, with or without notice. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

3.4 Intellectual Property Rights. We grant you a limited right to access the BailFundApp and we reserve all of our other intellectual property rights in the BailFundApp. Using the BailFundApp does not give you any ownership in the BailFundApp or the content or information made available through them that isn't already yours. Trademarks and logos used in connection with the BailFundApp are the trademarks or registered trademarks of their respective owners. Our logos and other trademarks, service marks, and graphics are trademarks or registered trademarks of ours. You may not use any trademark or logo without express written permission of its owner.

4. Disclaimer and Limitation of Liability

4.1 No Warranty. TO THE EXTENT ALLOWED BY LAW, WE (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE BAILFUNDAPP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE BAILFUNDAPP (INCLUDING INFORMATION, FEEDBACK, OR CONTENT, INCLUDING CLIENT DATA) ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CERTAIN LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WE WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE BAILFUNDAPP (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION, FEEDBACK OR CONTENT).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND WILL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE AND OUR SERVICE PROVIDERS HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE BAILFUNDAPP EXCEED \$1000.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Terms and Termination.

Your use of the BailFundApp must comply with these terms. We reserve the right to limit your use of the BailFundApp, and may also restrict, suspend, or terminate your access to the BailFundApp at our discretion, with or without reason. Prior to these actions, we will attempt to provide you notice through any contact information you have provided to us, but we may not always be able to provide advance notice. If you have questions about your account status, contact us at contact@bailfundapp.org.

Without limiting the foregoing, either you or we may terminate this contract and/or the BailFundApp at our discretion, with or without reason. On termination, you lose the right to access and/or use the BailFundApp. The following rights and obligations shall survive termination:

6. Governing Law, Dispute Resolution and Mutual Agreement to Arbitrate.

We hope and expect that the BailFundApp will positively contribute to your experience with a bail fund and we're excited to see what benefits and operational efficiencies the BailFundApp will provide.

6.1 Final and Binding Arbitration. We endeavor and trust that we will have a productive relationship but in the unlikely event we have a dispute that we can't resolve between us, and it results in a legal dispute, BOTH YOU AND WE AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, WHICH WILL BE FINAL AND BINDING, AS SET FORTH BELOW.

6.2 Dispute Resolution. In the unlikely event we have a dispute arising out of or related to the use of the BailFundApp ("Dispute") that we can't resolve between us, you and we agree that we shall (in good faith) meet and attempt to resolve the Dispute within thirty (30) days. If the Dispute is not resolved during such time period, then you and a representative of CZI shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed upon mediator within thirty (30) additional days.

6.3 Mutual Agreement to Arbitrate. If the Dispute is not resolved within such time period, the Dispute shall be resolved per the following arbitration terms. As the exclusive, final and binding means of initiating adversarial proceedings, you agree that it be resolved fully and finally by neutral and binding arbitration administered by JAMS in San Mateo County, California, in accordance with its Streamlined Arbitration Rules & Procedures, the Federal Arbitration Act, and the substantive laws of the State of California, exclusive of conflict or choice of law rules. In-person proceedings will take place in San Mateo County, California and your reasonable and documented travel expenses will be paid by CZI. The arbitrator shall have the power to award any type of relief that would be available in a court of competent jurisdiction and will issue a written decision at the end of the arbitration, which will be final and binding. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction in San Mateo County, California.

6.4 Where inapplicable, Choice of Law and Venue. This Agreement and any Disputes will be governed, controlled, and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Notwithstanding the foregoing, to the extent such laws are inconsistent with the Federal Arbitration Act, the Federal Arbitration Act will govern. Any dispute that is not subject to arbitration (e.g., if arbitration is deemed unenforceable or inapplicable) shall be, and any judgement on any arbitration award may be, brought in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, California.

7. General Terms

7.1 Severability. If any provision in this agreement is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be modified to a valid and enforceable provision that most accurately reflects the parties intentions.

7.2 Entire Agreement. These Terms of Use and Privacy Policy constitute the entire understanding between you and us as to the BailFundApp and supersedes all other agreements for the BailFundApp, whether written or oral. No modification of or amendment to these Terms of Use, nor any waiver of any rights under this Terms of Use, will be effective unless provided pursuant to Section 1.2.

7.3 Waiver. If we don't act to enforce a breach of these Terms of Use, that doesn't mean that we've waived our right to enforce these Terms of Use.

7.4 No Transfer. You may not assign or transfer this contract (or your use of the BailFundApp) to anyone without our written consent. However, you agree that we may assign these Terms of Use in connection with a reorganization, or to a successor or assignee that agrees to assume our obligations under Terms of Use (and Privacy Policy) without your consent.

7.5 No Third Party Beneficiaries. There are no third-party beneficiaries to these Terms of Use.

8. Service Rules:

You agree:

  1. To comply with the terms set forth in this Terms of Use , and all applicable laws and regulations;

  2. To provide accurate information to us;

  3. Not to use or attempt to use another's account, or share your account with another person;

  4. Not to use the BailFundApp to violate applicable laws, the privacy or other rights of others, or any policies of the bail fund or bail fund network with which you are affiliated;

  5. Not to scrape information or content from the BailFundApp or otherwise use automated means to copy information, content and other data from the BailFundApp that is not already your information, content or other data;

  6. Not to disable, circumvent or intentionally bypass any security feature, access controls or use limits of the BailFundApp;

  7. Not to copy, use, disclose or distribute any information obtained from the BailFundApp, whether directly or through third parties (except to the extent necessary to perform your duties as a volunteer, staff member, or administrator of a bail fund organization).

  8. Not to violate our intellectual property rights or those of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.

  9. Not to sell or otherwise monetize the BailFundApp, access to the BailFundApp, or related content or data.

  10. Not to interfere with the operation of, or place an unreasonable load on, the BailFundApp (e.g., spam, denial of service attack, viruses).

  11. Not to provide information that you do not have the right to disclose.

9. How To Contact Us

Notice under these Terms of Use shall be in writing and deemed to have been given on the date delivered by a nationally recognized express mail service, such as Federal Express, or by certified and registered mail (signature for receipt required) to CZI as follows:

Chan Zuckerberg Initiative
2682 Middlefield Road, Suite i
Redwood City, CA 94063
Attn: General Counsel
Email: courtesy copy: legalczi1@chanzuckerberg.com (email does not constitute notice)