Last Updated: May 19, 2020
1. SERVICES. The mobile application provides a social platform to conduct meetings (the “Service” or “Services”). The Service may allow you to participate in public or private chat rooms to communicate with other members that are users of the Service. AL-ANON may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
2. ELIGIBILITY. You affirm that you are the age of majority in your jurisdiction or over, and you have read, understood, and accept to be bound by this agreement. You agree that you are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that you are underage or otherwise ineligible.
3. RIGHTS TO USE THE SERVICE AND YOUR RESPONSIBILITIES. You are granted a revocable, limited, nonexclusive, nontransferable license to use the Services pursuant to the express terms of this Agreement. You are solely responsible for your use of the Service and shall abide by, and ensure compliance with, all Laws in connection with your use of the Service, including but not limited to Laws related to recording, intellectual property, and privacy. Use of the Services is void where prohibited.
a. Registration Information. You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate and complete. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of your username and password and agree not to disclose such to any third party.
b. Your Content. You agree that you are solely responsible for the content (“Content”) sent or transmitted by you or displayed or uploaded by you in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the Content to the Al-Anon mobile application and that such use does not violate or infringe on any rights of any third party. Under no circumstances will AL-ANON be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although AL-ANON is not responsible for any Content, AL-ANON may delete any Content, at any time without notice to you, if AL-ANON becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services and grant AL-ANON a perpetual, nonexclusive, worldwide license to use such Content in connection with its business purposes.
c. Prohibited Use. You agree that you will not use the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that may abuse, interfere with, or disrupt AL-ANON’s networks, your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, defamatory, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of AL-ANON or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or AL-ANON’s security systems; or (ix) use the Services in violation of any AL-ANON policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
d. Limitations on Use. You may not copy, reproduce, resell, upload, transmit, or distribute the Services or any Content (other than Content created by you) or any reports or data generated by the Services for any purpose unless you have been specifically permitted to do so under a separate agreement with AL-ANON. You may not use the mobile application or Services in any unlawful manner, in any manner inconsistent with this Agreement, offer or enable any third parties to use the Services purchased by you, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by you) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
6. CHARGES AND CANCELLATION. AL-ANON will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services chosen and approved by you. AL-ANON may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that AL-ANON will provide you with prior notice and an opportunity to terminate your Account if AL-ANON changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for. Stated prices of certain products may not include sales and/or use tax or other fees, taxes, or charges which you are responsible for the payment related to your purchase. International orders may be subject to license fees, custom duties and other taxes and fees related to the export of the products from the United States which you may be responsible for.
8. INTELLECTUAL PROPERTY RIGHTS. AL-ANON and/or its contractors, as applicable, retain ownership of all intellectual property rights in the Services including all trade names, trademarks, service marks, logos, copyrights, and domain names (“AL-ANON Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any AL-ANON Marks, or other proprietary information (including images, text, page layout, or form) of AL-ANON without express written consent of AL-ANON. You may not use any meta tags or any other “hidden text” utilizing AL-ANON Marks without AL-ANON’s express written consent. Your use of the mobile application does not grant you any rights, either intentionally or by implied use, to any of the content, program, tools or applications provided by the mobile application except as expressly set forth herein. Your right to use the content, program, tools or applications herein is personal, nontransferable, and nonexclusive. Any other use by you is strictly prohibited, except without prior written consent by AL-ANON.
9. COPYRIGHT. As stated elsewhere in this Agreement, AL-ANON retains ownership of all intellectual property rights in the Services. Without limiting any other provision hereof, you may not use, transmit, post, modify, distribute or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. AL-ANON may deny access to the Services to any User who is alleged to infringe another party’s copyright or other intellectual property. Without limiting the foregoing, if you believe that your copyright has been infringed, please notify AL-ANON at email@example.com.
10. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any misuse, transfer, sublicensing, copying or disclosure of information or materials related to the Services, may cause irreparable injury to AL-ANON, its TRUSTEES, DIRECTORS, EMPLOYEES, OR AGENTS and any other party authorized by AL-ANON to resell, distribute, or promote the Services (“Resellers”), and under such circumstances ALANON, its affiliates will be entitled to seek equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
11. DISCLAIMER. THE MOBILE APPLICATION AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND AL-ANON DOES NOT PROVIDE ANY ASSURANCES OR GUARANTEE OF THE AVAILABILITY OR USABILITY BY YOU OF THE MOBILE APPLICATION OR THE SERVICES. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION, THE SERVICES, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE APPLICATION’S SERVICES, CONTENT OR THE CONTENT OF ANY WEBSITES, THIRD PARTY MATERIALS, OR OTHER CONTENT LINKED TO THE MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES, CONTENT AND MATERIALS, (2) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY SERVICES, CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. CORRECTIONS. There may be information in the mobile application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the mobile application at any time, without prior notice. AL-ANON reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services or mobile application without notice for any reason without liability to you, except to the extent prohibited by law.
13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless AL-ANON, its Trustees, Officers, Directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising out of or related to your use of the Services, the Content, your violation of this Agreement or any other agreement between you and AL-ANON or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AL-ANON OR ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) FOR ANY BREACH OR FAILURE UNDER THIS AGREEMENT, INCLUDING ANY BREACH OR FAILURE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, IN EACH CASE WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF AL-ANON, ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALANON, ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
15. DISPUTE RESOLUTION.
a. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the United States of America and the laws of the Commonwealth of Virginia.
c. Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgement on the awarded rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
d. Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
e. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of AL-ANON; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Visiting the mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and in the mobile application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
17. NO WAIVER. You understand that no failure or delay by AL-ANON in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise by AL-ANON.
18. CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
19. CONTACT INFORMATION. If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or mail to: Al-Anon Family Group Headquarters, Inc., 1600 Corporate Landing Parkway, Virginia Beach, VA 23454, United States