Terms and Conditions

 

Website Terms of Use

Agreement Between User and Working Assumptions Foundation

Last modified: August 18, 2019 

Working Assumptions Foundation (“Working Assumptions,” “we,” “us,” or “our”) appreciates your interest in our organization and your visit to the various websites owned or operated by Working Assumptions, including but not limited to www.workingassumptions.org, www.showingptw.org,  and www.waed.org, (the “Site”). These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Site. Please read them carefully, as your use of the Site constitutes your consent to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. No Unlawful Use. 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Working Assumptions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

2. Site Contents.

All materials on this Site are owned or licensed by Working Assumptions and/or its third party providers and are protected by United States and international intellectual property laws. The text, images, graphics, video files, and their arrangement on the Site are all subject to copyright and other intellectual property protection. The information, materials, and other contents of this Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of Working Assumptions. Access to and use of the Site is solely for your personal use. You may download, copy, or print the contents of the Site for your personal reference only. No right, title, or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing, or use of the Site.

3. Privacy.

For information on how Working Assumptions collects, uses, and discloses information from its users, please review our Privacy Policy. Your use of the Site indicates your consent to the data practices stated in our Privacy Policy.

4. Trademarks.

All trademarks, service marks, trade dress, slogans, and logos displayed on the Site are the exclusive property of Working Assumptions, Working Assumptions’ suppliers and partners, or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Working Assumptions or the applicable trademark holder. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo, or trademark. Please be advised that Working Assumptions may enforce its intellectual property rights to the fullest extent of the law.

5. Links to Other Websites.

The Site may include links to other websites or other sources of information. Working Assumptions provides such links only as a convenience to you. Working Assumptions has neither reviewed the contents of these third-party websites nor does Working Assumptions claim any responsibility for the content or suitability of these third-party websites and Working Assumptions makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by Working Assumptions or any association with their operation. The use of third party websites is entirely at your own risk. By accessing these links, you acknowledge that such other sites or locations are not under the control of Working Assumptions and you agree that Working Assumptions shall not be responsible for any information or additional links found at such site or location, or for your use of such information.

6. Age.

Working Assumptions does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.

7. Copyright and Intellectual Property Infringement Complaints.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Working Assumptions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Working Assumptions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Working Assumptions does not grant you any licenses, express or implied, to the intellectual property of Working Assumptions or its licensors except as expressly authorized by these Terms.

Notification to Working Assumptions. If you believe in good faith that material on the Site infringes on your copyright, you (or your agent) may send Working Assumptions a notification in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that Working Assumptions remove or block access to the claimed infringing material.  Such notification shall include the following information, in accordance with the DMCA:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is claimed to be infringed;

  • identification of the copyrighted work(s) claimed to have been infringed;

  • a description of the claimed infringing material and where the claimed infringing material is located on the Site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is claimed to be infringed.

Working Assumptions may send information provided in a notification to the person who provided the allegedly infringing work. If you believe in good faith that someone has wrongfully filed a notification of copyright infringement against you, the DMCA permits you to send Working Assumptions a counter-notification.

Notifications and counter-notifications must meet the then current requirements imposed by the DMCA and/or the Copyright Office; see www.copyright.gov. Working Assumptions will only respond to DMCA notifications and counter-notifications that it receives by mail or e-mail at the addresses below:

Working Assumptions Foundation

Attn: Managing Director
1700 Shattuck Avenue, #25
Berkeley, CA 94709
info@workingassumptions.org

Working Assumptions may elect to not respond to notifications or counter-notifications that do not substantially comply with Copyright Office requirements. Working Assumptions may elect to remove allegedly infringing material that comes to its attention via notifications that do not substantially comply with the DMCA. Working Assumptions also may replace material that has been removed or re-enable access to such material after having received a purported DMCA counter-notification.

8. International Use. 

The Site is controlled, operated, and administered by Working Assumptions from our offices within the United States. Because this Site can be accessed internationally, you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Working Assumptions or its affiliates to any registration requirement within such jurisdiction or country.

9. Indemnification.

As a condition of your use of this Site, you agree to defend, indemnify and hold harmless Working Assumptions, its officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to your conduct, your violation of these Terms or any other Working Assumptions terms, policies, or agreements available on or through the Site, or your violation of the rights of any third party. Working Assumptions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Working Assumptions in asserting any available defenses.

10. Liability Disclaimer.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENT OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE WITH ALL FAULTS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WORKING ASSUMPTIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WORKING ASSUMPTIONS DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WORKING ASSUMPTIONS ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.

11. Limitation on Liability.

BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT WORKING ASSUMPTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WORKING ASSUMPTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WORKING ASSUMPTIONS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WORKING ASSUMPTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER WORKING ASSUMPTIONS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

WORKING ASSUMPTIONS RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

12. Electronic Communications.

Visiting the Site or sending emails to Working Assumptions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Working Assumptions provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

13. Choice of Law and Forum.

The Site is controlled and operated by Working Assumptions from its offices in Berkeley, California, and these Terms shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to its conflict of law principles.

14. Severability.

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

15. Complete Agreement.

These Terms and the Privacy Policy constitute the entire agreement between you and Working Assumptions relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein.

16. Termination.

Notwithstanding anything in these Terms or on the Site, Working Assumptions reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by Working Assumptions.

17. Modification.

We reserve the right to change, edit, delete, or revise these Terms at any time, and such changes will be effectively immediately. If you object to such changes, your sole recourse is to cease using the Site. We will notify you of any changes or modifications by posting the modified Terms of Use on the Site and indicating at the top of the Terms of Use the date on which it was last updated. Your use of the Site after a change has been posted constitutes your acceptance of and consent to the amended Terms of Use.

18. Contact Us.

Questions or comments about the Site may be directed to us by: (i) emailing info@workingassumptions.org; (ii) calling us at (510) 704-9734; or (iii) writing us at the following address with your message:

Working Assumptions Foundation
Attn: Managing Director
1700 Shattuck Avenue, #25
Berkeley, CA 94709