Allies for Allies Terms of Service

Effective Date: 01/01/2025

1. Agreement. The following Terms of Service (the “Terms“) constitute a binding agreement between you and Allies for Allies (“AFA,” “we,” “our,” and “us”), regarding your use of AFA’s Care Connect website (the “Website”) and the services that we offer through the Website (collectively with the Website, the “Services”).

By accessing or using the Services in any manner, you agree to be bound by these Terms.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 21 BELOW. PLEASE SEE SECTIONS 14 THROUGH 16 FOR INFORMATION ABOUT THE DISCLAIMERS THAT AFA MAKES REGARDING ITS SERVICES, THE RISKS YOU ASSUME BY USING THE SERVICES, AND THE LIMITATIONS ON AFA’S LIABILITY THAT YOU AGREE TO UNDER THESE TERMS.

2. Modification to Terms. AFA reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

3. Privacy. These Terms include the provisions in this document, as well as those in our PrivacyPolicy.

4. Our Services.

a. Our Website provides a marketplace that allows parents and guardians (collectively, “Guardians”) to connect with individuals (each, a “Caregiver”) that would like to provide support for individuals that are neurodivergent or have intellectual disabilities (each, a “Care Recipient”). The Website does not offer a referral, matching or placement service and does not provide, refer, secure, place, offer or seek to obtain employment or engagements for Guardians, Care Recipients, or Caregivers.

b. Any transaction in which a Guardian hires a Care Recipient to provide services (each, a “Caregiving Transaction”) is solely between that Guardian and that Care Recipient. AFA is not in any way a part of any Caregiving Transaction. The parties to each Caregiving Transaction are solely responsible for negotiating and implementing the terms of the Caregiving Transaction and handling any disputes that may arise. Please see Section 14 for more information about the risks and responsibilities that each Guardian, Caregiver, and Care Recipient assumes with respect to the Services. 

c. Caregivers are not employees, service providers, representatives, or agents of AFA. Caregivers do not have any affiliation with AFA. Caregivers are solely responsible for any services they provide to Guardians and Care Recipients.

5. User Accounts.

If you are a Guardian or Caregiver, you must sign up for an account in order to access and use the Services. You promise to provide us with accurate, complete, and updated registration information about yourself.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify AFA of any unauthorized use of your password or account or any other breach of security. AFA will not be liable for any loss or damage arising from your failure to comply with this section.

If you would like us to terminate your account, you can do so through your account dashboard.

You may not transfer your account to anyone else without our prior written permission.

6. Eligibility. If you are younger than 18, you may not use the Website. In addition, AFA may impose additional conditions that must be met in order for you to use the Website, and may reject any user in its sole discretion.

If you are interested in being listed as a Caregiver on the Website, you must successfully pass a background check to be considered as a potential Caregiver on the Website.

NOTWITHSTANDING THE FOREGOING, AFA HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON CAREGIVERS, GUARDIANS, OR CARE RECIPIENTS. However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account or registration information, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.

7. Acceptable Use. AFA hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
   • If you are a Guardian, you may only use the Services for your own personal, non-commercial use and in accordance with these Terms and any codes of conduct provided by AFA. If you are a Caregiver, you may only use the Services for your own personal use and in accordance with these Terms and any codes of conduct provided by AFA. You may not transfer your access to others or allow others to access the Services through your own access.
   • You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. You may not use the Services in any manner that AFA deems to be harmful, violent, fraudulent, abusive, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
   • You may not submit content or personal information to the Website that you do not have the right to submit. For example, you may not submit content through the Website that includes the likeness or intellectual property of another person, except to the extent you obtain prior express permission from that person.
   • You may from time to time receive personal information of another user. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Services. Users may only contact each other to ask questions, provide information, and make arrangements related to Caregiving Transactions.
   • You may not imply that Your Content (as defined below) is in any way endorsed or sponsored by, or originates from, AFA.
   • You may not transmit any chain letters, junk or spam e-mail to other users. To protect users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which you may send to users through the Services in any 24-hour period, terminating your accounts or blocking certain IP addresses from accessing the Website.
   • You may not copy, rip, or capture any content encountered on the Website. This includes bulk copying or “scraping” any portion of the Website content using a bot or other tool. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website.
   • You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Website.
   • You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Website.
   • You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Website or associated documentation.

8. Content.

• • • AFA Content. As between you and AFA, AFA owns all right, title and interest in and to the materials available through the Website other than Your Content and Other User Content (as both are defined below), including, but not limited to, text, graphics, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content and Other User Content, the “AFA Content”).

Conditioned upon your compliance with these Terms, AFA grants you a limited, non-exclusive, non-transferable license, to access and view the Website in accordance with these Terms. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AFA or its licensors, except for the licenses and rights expressly granted in these Terms.

• • • Your Content. As between you and AFA, you own all of the content that you submit through the Website (collectively, “Your Content”). You grant to AFA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, access, copy, adapt, modify, distribute, publicly display, transmit, and otherwise exploit Your Content, in any media, in order to operate the Website and provide the Services to you. To the extent that Your Content includes personally identifiable information, we will only disclose such information in the limited circumstances identified in our Privacy Policy. In addition, to the extent that AFA de-identifies and aggregates Your Content, you agree that such derived data is no longer Your Content, and is thus owned by AFA

To the extent you make Your Content available to other users of the Website, you hereby grant all Website users who have access to Your Content the worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to view, reproduce, download, and otherwise exploit Your Content as necessary to use the Services.

You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to AFA and other Website users the licenses above.

• • • Other User Content. Just as you are responsible for Your Content, other users on the Website are responsible for the content they submit and create through the Website (collectively, “Other User Content”). Although AFA reserves the right to review, moderate, or remove any content that appears on the Website, we do not review all of it.
    • Content Removal. We may, but we have no obligation to, monitor Your Content and Other User Content. We may remove Your Content and Other User Content for any reason, including but not limited to, content that, in our sole opinion, either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, or (ii) is determined to be inappropriate for any other reason at the sole discretion of AFA.

9. Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that AFA has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Website.

10. Modification to Services. AFA may modify the Services from time to time. AFA shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.

11. Notices of Copyright Infringement. AFA respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, AFA will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

1. 1. 1. The identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
      2. The material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
      3. Your mailing address, telephone number, and, if available, email address;
      4. A statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
      5. A statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed;
      6. Your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:
Copyright Agent, Allies for Allies, 4104 24th St, #1004, San Francisco, CA 94114 Email: hello@alliesforallies.org
Upon receipt of the Notice as described above, AFA will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

12. Termination. AFA may immediately and without notice terminate these Terms and disable your access to the Services for any or no reason. You may terminate your account at any time through your account dashboard.

If your account is terminated for any reason, we reserve the right to notify those users that you may have interacted with through the Website. If AFA terminates your account, you may not create a new account on the Website without AFA’s consent. If you create a new account after the termination of your prior account, your new account will not include the information from the prior account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.

13. Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold AFA, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and one or more other users.

14. Release of AFA From Liability for Disputes Among Users.

1. 1. 1. AFA DOES NOT VET THE CREDENTIALS, SKILLS, CERTIFICATIONS, AUTHORITY TO WORK, OR TRAININGS THAT CAREGIVERS CLAIM TO HAVE, OR ANY OTHER INFORMATION THAT CAREGIVERS PROVIDE TO YOU, THROUGH THE WEBSITE OR OTHERWISE. AFA ALSO DOES NOT (I) VET THE ACCURACY OF ANY INFORMATION PROVIDE BY GUARDIANS, OR (II) CONDUCT BACKGROUND CHECKS ON OR OTHERWISE SCREEN GUARDIANS, CARE RECIPIENTS, OR THEIR FAMILIES. YOU ARE SOLELY RESPONSIBLE FOR INTERVIEWING, VETTING, PERFORMING BACKGROUND AND REFERENCE CHECKS ON, VERIFYING INFORMATION PROVIDED BY, AND SELECTING AN APPROPRIATE GUARDIAN, CAREGIVER, OR CARE RECIPIENT.
      2. YOU ASSUME ALL RISK REGARDING YOUR INTERACTIONS (INCLUDING CAREGIVING TRANSACTIONS) WITH ANY OTHER USERS OF THE SERVICES, INCLUDING GUARDIANS, CARE RECIPIENTS, AND CAREGIVERS.
      3. YOU ARE RESPONSIBLE FOR RESOLVING ANY DISPUTES WITH OTHER USERS. AFA WILL NOT BE A PARTY TO ANY SUCH DISPUTE, AND AFA WILL NOT BE OBLIGATED TO TAKE ANY ACTION TOWARD RESOLVING THE DISPUTE. TO THE EXTENT AFA CHOOSES TO TAKE ANY ACTION WITH REGARD TO A DISPUTE BETWEEN USERS, THAT ACTION DOES NOT PUT ANY OBLIGATION ON AFA WITH RESPECT TO THE DISPUTE.
      4. YOU HEREBY RELEASE AND HOLD AFA (AND AFA’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, OTHER AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS (COLLECTIVELY, THE “RELEASED PARTIES”)) HARMLESS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE OUT OF THE ACTIONS OR INACTIONS OF, OR THE RELATIONSHIP BETWEEN, YOU AND ANY GUARDIAN, CARE RECIPIENT, CAREGIVER, OR OTHER USER(S) OF THE SERVICES.

15. Disclaimer of Warranties. YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, AFA CONTENT, AND OTHER USER CONTENT ARE ALL PROVIDED “AS IS,” AND AFA AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. AFA AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

ANY CONTENT ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT ADVICE.

Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

16. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AFA BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO AFA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Notices. Any notices or other communications permitted or required hereunder will be in writing and given by AFA (a) via email (in each case to the address that you provide) or (b) by posting to
    the Website

18. No Waiver. The failure of AFA to enforce any right or provision of these Terms will not
    constitute a waiver of future enforcement of that right or provision.

19. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise,
    without AFA’s prior written consent. Any attempt by you to assign or transfer these Terms
    without such consent will be null and of no effect. AFA may assign or transfer these Terms, at its
    sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to
    the benefit of the parties, their successors and permitted assigns. Unless a person or entity is
    explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not
    intended to confer any rights or remedies upon any person or entity other than the parties.

20. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

21. Governing Law; Arbitration. These Terms are governed by and will be construed under the laws of the state of California, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in San Francisco, California. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AFA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. Entire Agreement. These Terms constitute the entire agreement between you and AFA regarding your use of the Services, and supersede all prior written or oral agreements.

23. Contact Us. If you have any questions about the Services, please do not hesitate to contact us at hello@alliesforallies.org.