Last Updated: May 24, 2021
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
1. REFORM Sites Overview. The Sites provide information about REFORM Alliance, which aims to transform probation and parole by changing laws, systems and culture to create real pathways to work and wellbeing.
2. Eligibility. You must be at least 18 years old to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Sites; and (c) your use of the Sites is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms (in which event, “you” and “your” will refer to that organization), unless that organization has a separate contract in effect with REFORM governing use of the Sites, in which event, the terms of that contract will govern your use of the Sites.
3.1 Limited License. Subject to your complete and ongoing compliance with these Terms, REFORM grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites.
3.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Sites; (b) make modifications to the Sites; (c) interfere with or circumvent any feature of the Sites, including any security or access control mechanism; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Sites; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Sites or any part thereof (including any search results obtained through use of the Sites); or (f) make any other use of the Sites, Materials (defined below), or any other content provided by REFORM or its users on or through the Sites, including any data concerning other users of the Sites, except as expressly authorized by REFORM in these Terms. If you are prohibited under applicable law from using the Sites, you may not use the Sites.
3.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Sites (“Feedback”), then you hereby grant REFORM an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Sites and create other products and services.
4. Ownership; Proprietary Rights. The Sites are owned and operated by REFORM. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by REFORM are protected by intellectual property and other laws. All Materials included in the Sites are the property of REFORM or its third-party licensors. Except as expressly authorized by REFORM, you may not make use of the Materials. REFORM reserves all rights to the Materials not granted expressly in these Terms.
5. Third-Party Terms
5.1 Third-Party Services and Linked Websites. REFORM may provide tools through the Sites that enable you to export information to third-party services. By using one of these tools, you agree that REFORM may transfer that information to the applicable third-party service. Third-party services are not under REFORM’s control, and, to the fullest extent permitted by law, REFORM is not responsible for any third-party service’s use of your exported information. The Sites may also contain links to third-party websites. Linked websites are not under REFORM’s control, and REFORM is not responsible for their content.
5.2 Third-Party Software. The Sites may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Sites are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
- Text Messaging. REFORM and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Sites, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to [email protected] indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts or by texting “STOP” or “END” from the mobile device receiving the messages. You may continue to receive text messages for a short period while REFORM processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Sites provide to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Sites. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
- Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
7. Prohibited Conduct. BY USING THE SITES YOU AGREE NOT TO:
- use the Sites for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Sites;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- interfere with security-related features of the Sites, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Sites except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Sites or any user’s enjoyment of the Sites, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Sites; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites;
- attempt to access or search the Sites or content available on the Sites or download content from the Sites through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by REFORM or other generally available third-party web browsers;
- perform any fraudulent activity including impersonating any person or entity or claiming a false affiliation;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.
8. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Sites. Material modifications are effective upon the earliest of your receipt of notice or acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
9. Term, Termination, and Modification of the Sites
9.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Sites, and ending when terminated as described in Section 9.2.
9.2 Termination. If you violate any provision of these Terms, your authorization to access and use the Sites automatically terminates. In addition, REFORM may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Sites, at any time for any reason or no reason, with or without notice.
9.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Sites; (b) you will no longer be authorized to access or use the Sites; and (c) Sections 3.3, 4, 9.3, 10, 11, 12, and 13 will survive.
9.4 Modification of the Sites. REFORM reserves the right to modify or discontinue the Sites at any time (including by limiting or discontinuing certain features of the Sites), temporarily or permanently, without notice to you. REFORM will have no liability for any change to the Sites or any suspension or termination of your access to or use of the Sites.
10. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Sites, and you will defend and indemnify REFORM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “REFORM Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Sites; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
11. Disclaimers; No Warranties
- THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REFORM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REFORM DOES NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REFORM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR REFORM ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE REFORM ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITES AND YOUR DEALING WITH ANY OTHER USER OF THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. REFORM does not disclaim any warranty or other right that REFORM is prohibited from disclaiming under applicable law.
12. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REFORM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR ANY MATERIALS OR CONTENT ON THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY REFORM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE REFORM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO REFORM FOR ACCESS TO AND USE OF THE SITES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
- EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.2 Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and REFORM submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Sites from our offices in New York, and we make no representation that Materials included in the Sites are appropriate or available for use in other locations.
13.4 Additional Terms. Your use of the Sites is subject to all additional terms, policies, rules, or guidelines applicable to the Sites or certain features of the Sites that we may post on or link to from the Sites (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
13.6 Contact Information. The Sites are offered by Criminal Justice Reform Foundation, located at 1675 Broadway 21st Floor, New York, New York 10019. You may contact us by sending correspondence to that address or by emailing us at [email protected].
13.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.
13.8 No Support. We are under no obligation to provide support for the Sites. In instances where we may offer support, the support will be subject to published policies.
13.9 International Use. The Sites are intended for visitors located within the United States. We make no representation that the Sites are appropriate or available for use outside of the United States. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.