Terms of Use

Youmanitarian Terms of Service

Last updated: April 05 2020


These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

 

The services offered by Youmanitarian (collectively referred to as the “Company”). include (i) those offered on any Youmanitarian-branded URL, including www.youmanitarian.com (the "Youmanitarian Website"), (ii) Youmanitarian stories and fundraising services, (iii) Youmanitarian print services, (iv) Youmanitarian mobile services, (v) Youmanitarian advertising services, and (vi) any other features, content, or applications offered or operated from time to time by Youmanitarian in connection with Youmanitarian’s business, including when Youmanitarian is accessed via the internet, mobile device, television or other device (collectively, " Youmanitarian Services"). The Youmanitarian Services are hosted in the United States, and if you reside outside of the United States by using the Services you consent to the transfer of your personal data to the United States and elsewhere for all purposes identified in our Privacy Notice and/or Policy. If you do not agree to this international transfer of data, then you must refrain from using the Youmanitarian Services. For more information, please see our Privacy Notice and Privacy Policy. The Youmanitarian Services are operated by Youmanitarian, a company based in Arizona USA.

 

You agree and understand that we may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

 

Youmanitarian LLC ("Youmanitarian", "we", "our" or "us") operates Youmanitarian®, a place where people come to connect, discover, and share positive stories. Showcasing private individuals, businesses and non-profit organization humanitarian efforts around the world, Youmanitarian gives people access to inspiring stories, cause awareness, fund raising opportunities to support their cause through challenges and campaigns. With focus on positivity in the society, the platform is built to empower all users—from private individuals and businesses to designers and photographers—helping them connect with audiences, collaborators, and partners to support the cause they care about. Through an open story sharing and peer-to-peer badge rewards, Youmanitarian fosters an encouraging community of people who connect around mutual cause and inspiration for the purpose of shaping, sharing, and discovering a better world together.

 

1.Site Registration

You agree that by clicking “Register”, “Become a Youmanitarian”, “Sign Up” or similar, registering, accessing or using our services , you are agreeing to enter into a legally binding contract with Youmanitarian (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

2.Privacy

Our Privacy Policy (https://www.youmanitarian.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Youmanitarian and its affiliates.

3.Content Posted

We have created a website where positive actions are encouraged. When we mean "positive actions" we mean things that you do that makes someone else's or your life better. We are creating a community of trust and collaborative efforts that promote act of human kindness and world peace. By using our site, you agree our terms of use.

  • Deed Posting

    While posting any good deed on Youmanitarian make sure that you won't use any abusive word,language or share bad image,video,links. We read and check each and every post and make sure that the content which is posted, won't abuse our service.
    Also make sure that you won't use any one's name or any contact information of the person, if you do so then sorry we are not going to publish the your deed or if published then soon we'll remove it.

 

  • Creating Challenges

The Challenge feature is available for use to create awareness or raise funds for a causes that you care about. Users that complete challenges created by another user can be awarded badges as a way to recognize their effort.

If you choose to create a challenge on Youmanitarian:

 

You agree to follow the Challege Guidelines;

  • Challenge Creation

-You agree that by creating challenges on Youmanitarian does not guarantee that you would you will raise funds to support the cause you care about;

-You agree that if your challenge can only be completed at a specific venue, you guarantee that you have the right to use that venue. You understand and agree to hold Youmanitarian harmless of any negative outcomes that may affect your event as result of the venue that you have chosen;

-You agree that any challenge that you create would be publicly made available for people to join;

-You agree that Youmanitarian reserve the right to approve or remove any challenge that you create regardless if the challenge has already started or not;

-You agree not to create any challenge that could endanger the health and safety of the participants.

 

  • Challenge Participation

-You agree that your participation in a challenge does not guarantee that you would receive the badges promised by the challenge creator;

-You agree that the challenges that you completed would be made public for other users to also participate in.

  • Encouraging or Commenting

    The encouraging or commenting on a deed totally depends on you. You like or comment on a post at your own risk, we don't have any control to moderate comments or likes which are done by people through other social media outlets such as Facebook, Twitter or Google.

 Posted Content Rules

Dos
•Express yourself freely and honestly.

  • Share positive and inspiring stories.

    •Be nice and respect other users.

    •Encourage other users by sharing stories that will uplift them.

    •Have fun and keep an open mind to the stories that you read on our site. Remember that we are only human.

    •Report any bad behavior to us.

Don'ts
•Don't post or read our site content if you are underage (Younger than 13 years old). If you are underage you can only post under the supervision of your parent or guardian;

•Don't call names that are inappropriate to other users (you know it when you see it);

•Don't post any nude photos or offensive. Please save those on your private computer or phone not on our site;

•Don't share or encourage people to hurt them self. This includes suicide, eating disorders, harmful/illegal drug use, commit crime e.t.c;

•Don't post any hate speech. If you have any hate opinion against any political party, institution, belief, idea ,ethnicity,nationality,gender,sexual orientation, medical condition, disability, religion or race this is not the place to express those hate;

•Don't share any child pornography photos or story. We are not interested in your story;

•Don't post people personal information. This would include but not limited to: name, email, phone number,drivers licence,passport number, social security number, financial information, and home address. If you don't like people to share this information about you, then please avoid posting it on our site;

•Don't post advertisement, spam or illegal content;

•Don't post any unconfirmed rumor about a celebrity on our site please;

•Don't bully, intimidate, stalk or harass people on our site. This part is clear and we can't stress it enough;

•Don't post any content that Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  • Don’t attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
  • Don’t upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
  • Don’t use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with Youmanitarian;
  • Don’t use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

 

 

4.Use of Content

 

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Youmanitarian to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Youmanitarian, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

Youmanitarian has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Youmanitarian the license described above.

 

 

5.Termination

 

You agree that Youmanitarian may terminate or suspend your right to access or use Youmanitarian for any reason on with or without notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Do’s and Don’t above, you continue to be bound by these Terms.

 

6.Content Moderation

 

Moderating of content on Youmanitarian is done by volunteer users on Youmanitarian. We are not responsible for actions taken by the moderators. You agree to participate as a moderator at your own discretion. We recognize that moderation can take some work, so we may change the features or abilities associated with moderating from time to time without prior notice. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.

 

If you choose to moderate a content on Youmanitarian:

 

You agree to follow the Moderator Guidelines for Youmanitarian;

You agree that when you are assigned contents to moderate, that you will take action to moderate by removing content and/or escalating to the admins for review;

You may not represent that you are authorized to act on behalf of Youmanitarian, LLC;

You may not enter into any agreement with a third party on behalf of Youmanitarian, or any content that you moderate, without our written approval;

You may not perform moderation actions in return for any form of compensation or favor from third parties;

If you have access to non-public information as a result of moderating a content on Youmanitarian, you will use such information only in connection with your performance as a moderator; and

You may create and enforce rules for the contents you moderate, provided that such rules do not conflict with these Terms, our Content Policy, and the Moderator Guidelines for Youmanitarian.

Youmanitarian reserves the right, but has no obligation, to overturn any action or decision of a moderator if Youmanitarian believes that such action or decision is not in the interest of Youmanitarian.

 

 7.Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUMANITARIAN IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE YOUMANITARIAN SERVICES; (B) THE YOUMANITARIAN CONTENT ON OR PROVIDED THROUGH THE YOUMANITARIAN SERVICES; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE LINKED SERVICES; (F) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE YOUMANITARIAN SERVICES; (G) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE YOUMANITARIAN SERVICES; AND/OR (H) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM YOUMANITARIAN OR OTHERS VIA THE YOUMANITARIAN SERVICES.

IN ADDITION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUMANITARIAN IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE YOUMANITARIAN SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE YOUMANITARIAN SERVICES OR LINKED SERVICES.

PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH THE YOUMANITARIAN SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. YOUMANITARIAN IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY YOUMANITARIAN. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE YOUMANITARIAN SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY YOUMANITARIAN. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. YOUMANITARIAN TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE YOUMANITARIAN SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. YOUMANITARIAN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YOUMANITARIAN SERVICES OR LINKED SERVICES. YOUMANITARIAN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. YOUMANITARIAN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE YOUMANITARIAN SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE YOUMANITARIAN SERVICES OR LINKED SERVICES.

UNDER NO CIRCUMSTANCES SHALL YOUMANITARIAN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE YOUMANITARIAN SERVICES OR LINKED SERVICES, ATTENDANCE AT A YOUMANITARIAN EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE YOUMANITARIAN SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE YOUMANITARIAN SERVICES, WHETHER ONLINE OR OFFLINE. THE YOUMANITARIAN SERVICES AND YOUR ABILITY TO ACCESS THE LINKED SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND YOUMANITARIAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. YOUMANITARIAN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE YOUMANITARIAN SERVICES OR LINKED SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT SHALL YOUMANITARIAN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE YOUMANITARIAN SERVICES (INCLUDING THE CONTENT AND YOUMANITARIAN CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF THE YOUMANITARIAN SERVICES OR LINKED SERVICES, (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY YOUMANITARIAN OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE YOUMANITARIAN SERVICES, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE YOUMANITARIAN SERVICES’ TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER’S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF YOUMANITARIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUMANITARIAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUMANITARIAN FOR THE YOUMANITARIAN SERVICES DURING THE TERM OF MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF YOUMANITARIAN WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE YOUMANITARIAN SERVICES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

 

8.Arbitration Provision

 

Important Note Regarding this Arbitration provision:

 

Arbitration does not limit or affect the legal claims You may bring against the Company.  Arbitration only affects where any such claims may be brought and how they will be resolved.

Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.

Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, You will be required to split the cost of any arbitration with the Company.

IMPORTANT: This arbitration provision will require You to resolve any claim that You may have against the Company on an individual basis pursuant to the terms of the Agreement unless You choose to opt out of the arbitration provision. This provision will preclude You from bringing any class, collective, or representative action against the Company or Youmanitarian. It also precludes You from participating in or recovering relief under any current or future class, collective, or representative action brought against the Youmanitarian by someone else.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

 

How This Arbitration Provision Applies.

 

For Service Providers, this Section replaces and supersedes the provisions of the App Terms and shall control.  

 

This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce.  This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse You from utilizing any procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures.

 

Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. This Arbitration Provision requires all such disputes to be resolved only by an arbitrator through final and binding arbitration on an individual basis only and not by way of court or jury trial, or by way of class, collective, or representative action.

 

Such disputes include without limitation disputes arising out of or relating to interpretation or application of this Arbitration Provision, including the enforceability, revocability or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge.

 

Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship. This Arbitration Provision also applies, without limitation, to disputes regarding any city, county, state or federal wage-­-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-­-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.

 

This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision.

 

The parties expressly agree that Youmanitarian is an intended third-party beneficiary of this Arbitration Provision.

 

Limitations On How This Agreement Applies:

 

The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in this Arbitration Provision shall not apply:

 

Disputes that may not be subject to pre-dispute arbitration agreement as provided by the Dodd-­-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-­-203) are excluded from the coverage of this Arbitration Provision;

 

Disputes regarding Your, the Company’s, or Youmanitarian’s intellectual property or Confidential Information rights;

 

This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-­-118), section 8102 of the Department of Defense (“DoD”) Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.

 

Selecting The Arbitrator and Location of the Arbitration.

 

The Arbitrator shall be selected by mutual agreement of the Company and You. Unless You and the Company mutually agree otherwise, the Arbitrator shall be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If the Parties cannot agree on an Arbitrator, then an arbitrator will be selected using the alternate strike method from a list of five (5) neutral arbitrators provided by JAMS (Judicial Arbitration & Mediation Services). You will have the option of making the first strike. If a JAMS arbitrator is used, then the JAMS Streamlined Arbitration Rules & Procedures rules will apply. Those rules are available here:

 

http://www.jamsadr.com/rules-streamlined-arbitration/

 

The location of the arbitration proceeding shall be no more than 45 miles from the place where you last provided the services under this Agreement, unless each party to the arbitration agrees in writing otherwise.

 

Starting The Arbitration.

 

All claims in arbitration are subject to the same statutes of limitation that would apply in court. The party bringing the claim must demand arbitration in writing and deliver the written demand by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the Parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made to the Company or Youmanitarian shall be provided to Legal, Youmanitarian. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.

 

How Arbitration Proceedings Are Conducted.

 

In arbitration, the Parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the Arbitrator.

 

You and the Company agree to resolve any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative action basis. The Arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the Arbitration may still proceed on an individual basis only.

 

While the Company will not take any retaliatory action in response to any exercise of rights you may have under Section 7 of the National Labor Relations Act, if any, the Company shall not be precluded from moving to enforce its rights under the FAA to compel arbitration on the terms and conditions set forth in this Agreement.

 

Paying For The Arbitration.

 

Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that Party may later be entitled under applicable law (i.e., a party prevails on a claim that provides for the award of reasonable attorney fees to the prevailing party). In all cases where required by law, the Company will pay the Arbitrator’s and arbitration fees. If under applicable law the Company is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned equally between the Parties or as otherwise required by applicable law. Any disputes in that regard will be resolved by the Arbitrator.

 

The Arbitration Hearing and Award.

 

The Parties will arbitrate their dispute before the Arbitrator, who shall confer with the Parties regarding the conduct of the hearing and resolve any disputes the Parties may have in that regard. Within 30 days of the close of the arbitration hearing, or within a longer period of time as agreed to by the Parties or as ordered by the Arbitrator, any Party will have the right to prepare, serve on the other Party and file with the Arbitrator a brief. The Arbitrator may award any party any remedy to which that Party is entitled under applicable law, but such remedies shall be limited to those that would be available to a Party in his or her individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a Party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration. The Arbitrator shall not have the power to commit errors of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

 

Your Right to Opt Out Of Arbitration.

 

Arbitration is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Company in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the date this Agreement is accepted by you, electronic mail to [email protected], stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.), or by hand delivery to:

 

Legal Department

 

Youmanitarian, LLC.

 

In order to be effective, the letter under option (2) must clearly indicate Your intent to opt out of this Arbitration Provision, and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-­-marked within 30 days of the date this Agreement is accepted by You.   Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Company. Should You not opt out of this Arbitration Provision within the 30-­day period, You and the Company shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that You will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.

 

Enforcement of This Agreement.

 

This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes arising out of this Agreement. Except as stated in subsection v, above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

 

Notice

 

The Company may give notice by means of a general notice to You through the App, electronic mail to Your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post tor overnight carrier to your principal place of business on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre­paid post or delivery) or 12 hours after sending (if sent by email or through the App).  You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following:

 

(a) letter sent by email to [email protected]

Assignment

 

You may not assign this Agreement without the prior written approval of the Company. Any purported assignment in violation of this section shall be void. The Company shall have the right, without Your consent and in its sole discretion, to assign the Agreement or all or any of its obligations and rights hereunder provided that the assignee of the Company’s obligations under such assignment is, in the Company’s reasonable judgment, able to perform the Company’s obligations under this Agreement.

 

Upon such assignment, the Company shall have no further liability to the  Service Provider for the obligations assigned.