Terms of Use

Welcome to Build the Wheel

 

By accessing or using the Build the Wheel service (the "Service"), or accessing or using any of the content available within the Service, you agree to be bound by the following terms and conditions (the "Terms of Service"). You understand and agree that Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel will treat your use of the Service as acceptance of the Terms of Service from that point onwards.

 

As a condition of accessing or using the Service, you also agree to the terms of the Build the Wheel Privacy Policy.

 

1. Use of Service. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services. You are responsible for maintaining the confidentiality of your account password(s), and are responsible for all activities that occur under your account(s). You agree to immediately notify Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel of any unauthorized use of your Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel password or account or any other breach of security. Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel reserves the right to refuse service to anyone at any time without notice for any reason.

 

2. License from Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel.

 

2.1 Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel, in the manner permitted by the Terms of Service.

 

2.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have a license to do so from Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel (including open source license(s)).

 

3. Changes in the Service and Terms of Service. The Service may be modified in an effort to provide the best possible experience for users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you. Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel may also update the Terms of Service without notice to you and you are responsible for checking the most current version of the Terms of Service at www.AllforGood.org/tos. In the event of such changes, notification can be made either via email, regular mail, or postings on Build the Wheel service.

 

4. Appropriate Conduct.

 

4.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the party from which such Content originated. You understand that by using the Service, you may be exposed to Content that you may deem is offensive, indecent or objectionable.

 

4.2 You agree that you are responsible for your own conduct while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Service, you will not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b) download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;

(c) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

(d) restrict or inhibit any other user from using and enjoying the Service;

(e) use the Service for any illegal or unauthorized purpose;

(f) remove any copyright, trademark or other proprietary rights notices contained in or on the Service;

(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(h) use any robot, spider, Service search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;

(i) create user accounts by automated means or under false or fraudulent pretenses;

(j) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

(k) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

 

4.3 International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

 

4.4 While we prohibit such conduct and Content in connection with the Service, you understand and agree that we may or may not pre-screen Content and shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse or move any Content submitted to the Service. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

 

5. Proprietary Rights

 

5.1 Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel's Rights. You acknowledge and agree that the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

5.2 Your Rights. Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel claims no ownership or control over any Content submitted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit or display on or through the Service and you are responsible for protecting those rights, as appropriate.

 

6. Termination. You may terminate these Terms of Service at any time by discontinuing your use of the Service at any time. You do not need to specifically inform Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel when you stop using the Service. Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel may at any time and for any reason, including a period of account inactivity, terminate your access to the Service or terminate this Terms of Service. Sections 7 through 13 of the Terms of Service (including the section regarding limitation of liability), shall survive termination.

 

7. Indemnity. You agree to hold harmless and indemnify Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel, and its subsidiaries, affiliates, officers, agents, and employees, partners, from and against any third party claim arising from or in any way related to your use of Service, violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel will provide you with written notice of such claim, suit or action.

 

8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

8.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARTNERSHIP FOR IMMIGRANT LEADERSHIP AND ACTION (PILA) / BUILD THE WHEEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

8.2. PARTNERSHIP FOR IMMIGRANT LEADERSHIP AND ACTION (PILA) / BUILD THE WHEEL MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

8.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTNERSHIP FOR IMMIGRANT LEADERSHIP AND ACTION (PILA) / BUILD THE WHEEL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

9. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARTNERSHIP FOR IMMIGRANT LEADERSHIP AND ACTION (PILA) / BUILD THE WHEEL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARTNERSHIP FOR IMMIGRANT LEADERSHIP AND ACTION (PILA) / BUILD THE WHEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

10. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

 

11. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

 

12. Notice. You agree that Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel websites.

 

13. General Information.

 

13.1 Entire Agreement. The Terms of Service constitute the entire agreement between you and Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel and govern your use of the Service, superseding any prior agreements between you and Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel services, affiliate services, third-party content or third-party software.

 

13.2 Choice of Law and Forum. The Terms of Service and the relationship between you and Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel agree to submit to the personal and exclusive jurisdiction of the courts located within the city and county of San Francisco, California.

 

13.3 Waiver and Severability of Terms of Service. The failure of Partnership for Immigrant Leadership and Action (PILA) / Build the Wheel to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

 

13.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

13.5 The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.