Terms of Service
By accessing this Site (theqfoundation.org) you are agreeing that your access and use of this Site is subject to the terms below (the “Terms of Service” and sometimes the “Agreement”):
- This Agreement is a legally binding agreement between you and us (Q Foundation, a California nonprofit corporation) and applies to your access and use of this Site and any accompanying services, including but not limited to applying through the Site for any of our programs; and applies to your use of this Site from any and all devices, including but not limited to computers, iPads, tablets and mobile phones.
The Terms of Service applies to and governs your use of this Site, a U.S. hosted site, and its applications and services, including but not limited to the application for housing and other assistance through our currently available programs, as they may change from time to time (respectively, each is an “Application” and collectively the “Applications” and individually each is a “Program” and collectively the “Programs”). The content, Applications, Programs and other services offered through our applications, portals, platforms (including the EVO Platform; the “Platform”) and the Site are collectively the “Services”. The Terms of Service applies and governs your access and use of the Site and all Services, notwithstanding from which device and through which connection you are accessing the Site and/or Services.
- You agree you are not accessing the Site and/or Services in order to harm and/or injure us or another party, hack our Site, Platform and/or Services, reverse engineer our products or otherwise access the Site, Platform and/or Services in order to create a competitive product and/or communicate with minors. If you do, we can restrict your access the Site and Services
Q FOUNDATION grants you a personal, limited, non-assignable, worldwide, royalty-free, non-exclusive, revocable license to use the Site and Services for your sole personal and non-commercial use and for no other purpose. You have no permission and are not to utilize and/or access the Site and/or Services to (i) vilify and/or harm, and/or aid, abet, encourage or incite violence or other injury against particular social groups and/or individuals (ii) aid, abet, and/or encourage any terrorist organization as such is defined by the United States in applicable laws (iii) misappropriate, copy or otherwise develop a competitive product and/or services, including but not limited to the Platform’s and Services’ concepts, content, ideas, features, functions, graphics and the “look and feel” of the Platform and/or the Services (iv) interact with minors (unless you are employed by a registered youth organization with a mission to aid minors in need and are doing so in the performance of your duties to such organization) (v) reverse engineer, copy, disable, deactivate, decompile, disassemble, disrupt, hack, modify, or otherwise harm and/or interfere with the functionality, performance, integrity and/or security of the Site, Platform and/or the Services, third party services or any third party content and/or feature on the Site, Platform and/or Services (vi) attempt to gain unauthorized access to any services, features and/or content of the Platform and/or Services or any of the Platform’s Accounts (vii) utilize, transmit, upload or download any malware, virus or harmful technology (viii) impersonate any individual and/or entity or otherwise misrepresent your identity (ix) infringe or injure another party’s rights, whether under common law, statute or contract.
- We own all the rights to our work.
All right, title and interest in and to the Site, Platform and Services, excluding any content made available by users and third parties, including but not limited to the idea, concept, features, functions, graphics and “look and feel” of the Site, Platform and Services, their UI, UX, underlying code, underlying algorithms, Q FOUNDATION trademarks, tag lines, logos and any other distinctive Q FOUNDATION or platform branding, including but not limited to the “EVO Platform” and the “Equity Visualization and Optimization Platform”, shall remain the exclusive property of Q FOUNDATION (“Q Foundation IP”). Your access and use of this Site and Services does not provide you any rights, title and/or interest in and to the Q Foundation IP.
- You will only submit an Application if you are eligible to apply under the relevant Program.
You will review the eligibility criteria for each Program before you submit an Application and only apply if you in good faith believe you meet the requirements, including but not limited to age, income and residency as expressed by the conditions of the relevant Program you are applying for.
- You are who you say you are.
You represent and warrant that all the information you provide us about yourself and your household, including but not limited to your identity, income, health, financial, location, contact and other information is true and accurate to the best of your knowledge.
- You will only provide your authentic documents when requested.
You represent and warrant that any documents you provide to us, including but not limited to financial, housing, health and identity documents are accurate and authentic. If you are providing us with photocopies, you must notify us accordingly. You represent and warrant that any documents you provide to us are your and/or your household’s documents.
- You will not submit duplicate Applications for the same Program.
Multiple applications to the same Program will not increase your chances of receiving assistance from such Program or from any of our Programs and may impede your chances of obtaining assistance, including but not limited to causing delays in the review and processing of your Applications through this Site and/or our Services.
- You agree that if you apply for an Application to one Program, you provide us permission to apply on your behalf to any and all Programs that you may be eligible for unless you expressly state otherwise.
Q Foundation operates a number of Programs and when you make an Application to us for one Program, we can apply on your behalf for other Programs you may be eligible for. For instance, and as an example only, veterans and people living with HIV or veterans with HIV may be eligible based on their residency and income for particular housing programs but also veterans may also be eligible for Programs that provide assistance to veterans only and people with HIV may be eligible for Programs that are specific to people living with HIV, while veterans with HIV may be eligible to apply to all of these Programs. Unless you expressly state that you only want to apply to one Program, you give us permission by applying to any Program through our Site and/or Services to apply on your behalf to any and all of our Programs that you may be eligible for. Nothing herein obligates Q Foundation to apply on anyone’s behalf for any Program or creates any rights against Q Foundation.
- In order for you to receive assistance, including but not limited to housing assistance by submitting an Application to a Program, you will need to provide us with personally identifying, health, financial and other information and documents. You agree that your information and documents will be hosted in the U.S. and may be shared by us with third parties as necessary to provide you the assistance you request from a particular Program or that you may be eligible for through another Program. Third parties we may share your information with include but are not limited to community organizations operating a Program and government entities as may be required by law. You agree that we may share your information with your landlord as necessary to provide you rental assistance if you are requesting rental assistance.
You acknowledge, understand and agree that you are providing sensitive personally identifiable, financial, health and housing information in order for us to verify that you are eligible for the assistance you are requesting and to provide to you assistance you are eligible for. You acknowledge, understand and agree that you will also need to verify the information you are providing by submitting identity, health, financial and other documents in order to receive your requested assistance. You acknowledge, understand and agree that we may access, review, verify and process your Application for the relevant Program and all Programs you are eligible for (unless you have expressly stated otherwise) in order to review, verify, and either deny or provide you your requested assistance through your Application or other assistance through another Program that you are eligible for. You additionally acknowledge, understand and agree that in order to provide you assistance, we need to share your information and documents as necessary with third parties, including participating community organizations for Programs that you are eligible for. If we are providing you rental relief, you consent to us communicating with your landlord that we are providing you rental relief, including providing a rental assistance agreement or a subsidy letter or a change in subsidy letter in order to provide the rental relief to you. You acknowledge, understand and agree that we may retain the information and/or documents that you submit and/or transmit through the Application, the Site and/or its Services, as needed to comply with applicable law, regulations and ordinances.
- You acknowledge, understand and agree that you are not guaranteed to receive housing or other assistance merely by submitting an Application for a Program or that you will receive any priority in funding based on the date you apply.
We do not guarantee and expressly disclaim that by submitting an Application you will receive your requested, or any, housing or other assistance from the Program you apply for or any other program or that you will receive priority based on the date you apply or by applying through this Site as opposed to other means, such as on paper, in person or by phone. There are limited funds available and many people in need. The reasons you may not receive funding assistance include but are not limited to the fact that you do not meet eligibility requirements for any available Program, there is no more funding available, or other people, based on an assessment of risk factors, including income and housing insecurity, are at greater risk and are deemed a greater priority for limited funds and services.
- You agree to notify us when you are no longer in need of the assistance you applied for.
As long as you do not notify us that you are no longer in need of assistance after you submit an Application, we will be attempting to procure assistance for you that you are eligible for. Receiving funding that you are not eligible for may subject you to various civil and criminal penalties.
- You acknowledge, understand and agree that the information and documents you provide to us may be retained by us as required by our audits and in order to comply with applicable law even after you notice us that you are no longer in need of assistance, have received assistance or have been deemed ineligible for assistance. We have no control as to how third parties that we had to disclose some of your information to in order to process your Application and/or provide your assistance to you, retain your information.
To comply with applicable laws, we must retain the information in your Application and to comply with the law, we may have to share that information with applicable government agencies or to individuals and/or entities as may be required under service of a valid subpoena. In order to process your Application, we have to disclose some of your information to third parties. We have no control or authority as to how these third parties retain and protect your information.
- You acknowledge, understand and agree that your anonymized data, i.e. non personally identifiable, health, financial, age, gender, ethnicity, sexual orientation and other demographic and location information may be accessed, reviewed, used, utilized, retained and published by us and shared with third parties in aggregate data sets.
You acknowledge, understand and agree that your demographic, financial, health, location and other anonymized information that you submit and/or transmit through the Application, the Site, Platform and/or the Services may be used for data analysis and compiled in the aggregate with other Applicants’ demographic, health, financial, location and other anonymized data by us and may be published in various forms and otherwise shared with third parties, including but not limited to publishing reports on patterns of demographic and location trends of COVID-19 impact and the capacity of agencies, authorities and programs to serve various population sectors and segments.
- While we will diligently protect the security of your information through our Site and Services, we cannot guarantee that despite our diligent efforts, the Site and Services will not be hacked or otherwise compromised by unauthorized third parties.
You assume the risk when submitting an Application through the Site and/or Services that your information and documents may be stolen or publicly released from malware, hacking, or other security breaches and/or unauthorized use and that this may result in identity theft, harassment, personal injury or death.
By applying through this Application, you assume the risk that an unauthorized party may obtain access to your information and documents. To process your Application, your information and documents will be stored in our cloud, which is operated by a third party and the cloud may be hacked or otherwise subject to malware beyond our reasonable control. In submitting an Application, you assume the risk of unauthorized access and security breaches of the Site and Services, including the public release of your information and documents and/or identity theft and/or the release of your information to unauthorized parties that may lead to your and/or members of your household’s harassment, personal or other injury or death.
- The Site, Platform and Services may not always be available and/or accessible. Your access and/or use of this Site and its Application may cause damage to your devices.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSBILITY AND RISK IN ACCESSING THE SITE AND THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Q FOUNDATION, AND ITS AFFILIATES, PARTNERS, AGENTS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS AND ITS THIRD PARTY SERVICE PROVIDERS (THE “Q FOUNDATION PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN. THE Q FOUNDATION PARTIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, MEET ANY STANDARD, BE RELIABLE, NOT FAIL, BE ERROR-FREE, SECURE OR FREE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INTERRUPTION OF SERVICE, ANY FAILURE, ANY ERRORS OR OMISSIONS, ANY VIRUSES, ANY HARM TO YOUR COMPUTER AND OTHER DEVISES OR YOUR DATA AS A RESULT OF YOUR ACCESS TO THE SITE OR SERVICES AND ANY DELETION OR FAILURE TO STORE OR TO TRANSMIT ANY CONTENT, MATERIAL OR COMMUNICATION MAINTAINED BY THE SITE OR SERVICES.
- Content on the Site and through our Services is not intended to be legal, medical, tax or financial advice and is there for informational purposes only. We do not control or review the accuracy of third-party content that we may link to from time to time on this Site and Services. You rely on content from this Site and Services at your own risk.
YOU ASSUME ALL RESPONSBILITY AND RISK IN RELYING ON ANY CONTENT ON THIS SITE AND THE SERVICES. THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN RESPECTING ANY CONTENT ON THIS SITE WHICH IS SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.
- We respect the proprietary rights of others and will act expeditiously to remove any infringing content or material on this Site or Services for which we have received proper notification through our designated copyright agent.
Please provide us written notice of any claimed copyright infringement that is posted on our Site and/or Services, including all of the following information (i) identification of the copyright work or works claimed to be infringed (ii) information as to the location on the Site or Services of any copyright infringing materials (iii) contact details so that we may contact you, with an email and phone number preferred (iv) a statement of good faith that the subject material is used in a manner that is not authorized by the copyright owner or in accordance with the law (v) a statement that the information in your notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the copyright owner or exclusive rights holder of the material allegedly infringed and (vi) a physical or electronic signature of the person who has authority to provide the notice on behalf of the owner or exclusive rights holder.
Please send the copyright notice to: email@example.com
or via mail to:
350 Golden Gate Ave, Suite A
San Francisco, CA, 94102
Please only send copyright infringement notices in accordance with this provision as no other correspondence will be accepted, reviewed or responded to.
- By submitting an Application, you acknowledge, understand and agree that third parties, may have access to your information and documents as necessary, in order for us to obtain your requested assistance or assistance you are eligible for. We have no control over and disclaim all responsibility respecting what third parties will do with and how they protect your information and documents.
By submitting an Application, you agree and consent to third parties obtaining information and/or documents you submit and/or transmit with your Application, as is necessary to process your Application and provide you assistance. We have no control and disclaim any and all responsibility respecting how any such third parties access, utilize and/or retain your information and documents.
- We may link to third party sites and services on this Site and through our Services, and if you access such third party sites and services, you assume all risk in doing so. We do not control and have no authority over third party sites and services.
You may access third party content and/or services while accessing this Site and Services. Q Foundation does not endorse any third party site or services. Q Foundation does not control or participate in any third party’s content or site and disclaims all responsibility respecting any such third party’s content and/or services. Nothing herein shall limit the disclaimer of warranties under provisions 16 and 17 above.
- You will not try to hack the Site and its Application or Services or otherwise attempt to obtain unauthorized access to any other person’s information and documents or Q Foundation’s information or access the Site’s backend or underlying code for any purpose.
You agree that you are not accessing and/or utilizing the Site and Services in order to or in a manner that is likely to compromise the security, integrity and operation of the Site and Services and disclose any personally identifying information and documents and Q Foundation’s confidential information to the public or to unauthorized users or otherwise obtain unauthorized access to the Site and Services.
- You will not submit your personally identifying information and/or documents through an insecure connection or an insecure device that may lead to the hacking of your and other peoples’ information.
You agree that you are not submitting and/or transmitting personally identifying information to the Site and/or Services through an insecure device (including a device that is not owned and/or controlled by you or that is not password protected) or through an insecure connection (one is not owned and/controlled by you and/or that is not password protected). If you do, you assume all risk of unauthorized access and hacking to your device and of your and other people’s information and public disclosure thereof, as a result of your use of an insecure device or insecure connection to access the Site and Services.
- You are 14 years old or older.
You will not access the Site nor utilize any Services if you are under the age of 14. We do not knowingly receive, retain or use any information from anyone under the 14 and in order to apply for assistance through this Site you must be 14 or over.
- You represent and warrant the following to us:
a. You are providing us information about yourself and your household that is true and accurate to the best of your knowledge;
b. You are over the age of 14 (without limiting the representation and warranty under sub-section a);
c. You are a resident of the place you say you are resident of (without limiting the representation and warranty under sub-section a);
d. The documents you provide to us are accurate and are yours and/or a member of your household’s;
e. You will notify us when you no longer require assistance;
f. You will not submit duplicate Applications;
g. You will not submit and/or transmit personally identifying documents and/or documents from an insecure device or via an insecure internet connection;
h. You will not attempt to hack the Site, Platform and/or Services or provide malware or a virus or otherwise try to compromise the operation, functionality, performance, integrity and/or security of the Site, Platform and/or Services;
i. You assume the risk that, despite our security efforts, your personally identifiable, health, financial and other information and documents may be disclosed to unauthorized parties and/or the general public, which may lead to the theft of your identity, harassment, personal injury, other injury and/or death (including of a member of your household);
j. You acknowledge and agree that submitting an Application does not guarantee you will receive any assistance from the Program you applied to or from any other program or other assistance;
k. You acknowledge and agree to that your anonymized information, including non-identifying demographic, health, housing, financial, location and information can be utilized, published and exploited in aggregate data sets by the Q Foundation for any purpose whatsoever;
l. You have read and understood each term of this Terms of Service and agree to each term and willingly and knowingly enter into this Agreement.
- If you are a landlord entering into a lease with an unemancipated minor, you agree to assume the legal risk of the lease not being enforced.
Landlords that enter into leases with unemancipated minors must do so at their own risk and we disclaim all responsibility respecting any judgement that the lease is not enforceable due to the minor’s voiding of the lease.
- You will pay all and any our damages, penalties and costs, including our attorney fees, that we have to incur because of your actions in using this Site, Services and in submitting an Application in breach of this Terms of Service.
You agree to hold harmless, defend and indemnify the Q FOUNDATION Parties from any and all loss, liability, or claim, demand or costs, including but not limited to reasonable attorney fees (with Q Foundation choosing its own attorneys and controlling its own defense, except that Q Foundation shall not settle any claim that imposes a liability upon you without your prior consent), arising out of any third party investigation, charge or claim arising out of, or related to, or in connection with your access and/or participation on the Site and Services, including but not limited to your provision of false information and/or documents through the Application and your access of the Site and Services through an insecure device or internet connection and any other of your actions that violate the rights of a third party or any applicable law or breach of this Agreement including but not limited to a breach of your representations and warranties under this Agreement. This includes but is not limited to posting, submitting or transmitting any false, infringing, defamatory, misleading or deceptive content, any tortious or criminal activity or content you make available, any infringing content you transmit or make available any and all civil and criminal liability arising out of, related to or in connection with your access and/or use of the Site and Services or an Applicant’s personal information and documents, whether authorized or unauthorized, in breach of this Agreement.
- You assume all risk and release all claims respecting your use of this Site, the Application, Platform and the Services, to the fullest extent allowed by law.
YOU HEREBY RELEASE AND HOLD HARMLESS THE Q FOUNDATION PARTIES, FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), RESPONSIBILITY AND LIABILITY OF ANY KIND, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS, USE OR PARTCIPATION IN THE SITE OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DISCLOSURE OF YOUR INFORMATION AND DOCUMENTS, INDENTITY THEFT, ASSAULT, PERSONAL INJURY AND/OR DEATH (INCLUDING BUT NOT LIMITED TO YOUR DEATH AND/OR INJURY AND/OR THE DEATH AND/OR INJURY OF A MEMBER OF YOUR HOUSEHOLD).
IF YOU ARE A CALIFORNIA RESIDENT YOU EXPRESSLY WAIVE THE PROVISIONS OF §1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWN OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
- Any claims you cannot release for any damages you sustain, will be limited to a total of One Hundred Dollars ($USD 100.00). Nothing herein shall be intended to limit the operation and effect of the general release above in favor of the Q Foundation or any disclaimers of warranty by Q Foundation in the Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY TO THE EXTENT A CLAIM CANNOT BE RELEASED UNDER APPLICABLE LAW, THE Q FOUNDATION PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, DEATH, ASSAULT, AND/OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT DAMAGES, ANY LOSS OF DATA, ANY INABILITY TO ACCESS OR UTILIZE THE SITE OR SERVICES, ANY LOSS OF GOOD-WILL, OR INTANTGIBLE AND TANGIBLE LOSSES CLAIMED TO HAVE OCCURRED AS AN INDIRECT OR DIRECT RESULT OF ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES AND CONTENT THEREON, EVEN IF THE Q FOUNDATION PARTIES WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE SITE OR SERVICES, UNAUTHORIZED ACCESS TO, ALTERATION OF OR TRANISMISSION OF YOUR CONTENT AND/OR MATERIAL, CONDUCT OR CONTENT MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES BY A THIRD PARTY WHICH IS INACCURATE, MISLEADING, DECEPTIVE, ABUSIVE, THREATENING, DEFAMATORY, INFRINGING, VIOLATIVE OF YOUR PRIVACY OR PUBLICITY RIGHTS, OR THAT INTERFERES WITH YOUR CONTRACT RIGHTS OR BUSINESS OPPORTUNITY, AND ANY CONTENT OR MATERIAL THAT MAY CAUSE YOU EMOTIONAL DISTRESS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Q FOUNDATION PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00) OR THE AMOUNT YOU PAID Q FOUNDATION, IF ANY, IN THE SIX MONTHS BEFORE THE CLAIM AROSE FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND ANY CLAIM FOR INFLICTION OF EMOTIONAL DISTRESS) OR OTHERWISE, AND WHETHER OR NOT THE Q FOUNDATION PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE OF THE EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONESEQUNTIAL DAMAGES OR FOR WRONGFUL DEATH, AND THEREFORE THIS SECTION MAY BE INAPPLICABLE TO YOU.
- This Agreement applies to your use of these Services via your mobile phone.
This Agreement and all of its provisions herein, including all disclaimers and limitations of liability apply to any mobile services that may be offered by Q FOUNDATION. For clarity purposes any provision that relates to any “Service” or “Services” encompasses and governs your use of any mobile services that Q FOUNDATION may provide. In order to participate in mobile services, you must have access to a cell phone. You acknowledge and understand that if you do not inform us of the fact that your phone was stolen and/or that your number changed, personal messages to you may be received by other people that may have possession of the number you registered with Q FOUNDATION, whether legally or illegally, and that the person in possession of your phone may thus obtain access to your personal identifying information and/or documents. You acknowledge and agree that regular carrier fees for any texts and data use will be applicable to your use of any mobile service provided by us and that you understand that you will be charged by your carrier in your use of our mobile service. Q FOUNDATION grants you a limited, non-assignable, revocable, non-exclusive, royalty-free license to access, download and use the Site and any Services on your mobile device, for your own personal and non-commercial use of the Site and Services and for no other purpose. ANY MOBILE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Q FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT, ACTUAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF MOBILE SERVICES, INCLUDING ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF YOUR DATA OR THE RECEIPT BY ANOTHER PARTY OF ANY OF YOUR PERSONAL INFORMATION, DOCUMENTS OR CONFIDENTIAL MESSAGES.
- If some parts of this agreement are not enforceable, they will be modified or severed from the Terms of Service and not affect the operation of the other terms which shall continue in full operation and effect.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be unenforceable or invalid, it shall be modified to the extent permissible under the governing law in order to render it enforceable, if by such modification, it will effectuate the intention of the parties. However if a court of competent jurisdiction finds the provision cannot be modified as such and is void, illegal, invalid or unenforceable in its entirety, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
- If we don’t enforce all parts of this Agreement at all times, that doesn’t mean we won’t enforce such terms or any other terms at other times.
The failure of Q FOUNDATION to exercise or enforce any right it may have under this Agreement or any provision of this Agreement shall not operate as a waiver of such right or provision by Q FOUNDATION.
- This Agreement is subject to California law and any litigation will take place in San Francisco, California.
The interpretation of this Agreement and the rights of the parties hereunder shall be exclusively governed by the substantive laws of the State of California, excluding its conflict of laws rules. The state and federal courts of California shall have exclusive jurisdiction over any controversy or claim arising from this Terms of Service and you agree to submit to the exclusive personal jurisdiction and venue of California courts and the exclusive venue of San Francisco, California.
- This is the entire agreement between us.
This Agreement constitutes the entire agreement between you and Q FOUNDATION as to the subject matter contained in these Terms of Service and all prior understandings and agreements are merged herein and succeeded hereby.
BY ACCESSING AND USING THE SITE AND SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREED TO THE ABOVE.