TERMS OF USE AGREEMENT

Date of Last Revision: March 19, 2020

The website https://www.schema.ngo/ (the “Site”) and any related application(s) (collectively, with the Site, the “Application”), are provided by Schema (collectively, “Schema,” “we,” “our,” or “us”).

 

The Application allows registered users (“Users”) to utilize Schema’s proprietary software application, online platform, and services that provide educational information and resources relating to concussions, including a directory of service providers (“Providers”) (collectively, the “Services”). The Application and Services (i) provide Patients with information and resources about concussion symptoms, diagnosis, treatment, and management, (ii) allow Providers to register to become listed on Schema’s managed directory database accessible by Patients through the Application, and (iii) help to improve bystander ability to recognize potential concussions.

 

THIS TERMS AND CONDITIONS OF USE AGREEMENT ("TERMS OF USE") CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF USE. YOUR ACCESS TO AND USE OF THE SITE AND APPLICATION ARE SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE APPLICATION AND THE SERVICES OR REDUCE THE FUNCTIONALITY OF THE APPLICATION AND SERVICES FOR ANY REASON, AT ANY TIME IF YOU VIOLATE THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

 

WHEN YOU REGISTER TO ACCESS THE SITE OR SERVICES, INCLUDING THE APPLICATION, YOU EXPLICITLY AGREE TO BE BOUND BY THESE TERMS OF USE WHEN YOU CHECK THE DESIGNATED BOX TO COMPLETE YOUR REGISTRATION  .

 

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms of Use at any time by posting the updated Terms of Use on the Site. By using the Site after we have updated the Terms of Use, you are agreeing to the then-current Terms of Use and Privacy Policy.

 

Accessing the Site

We reserve the right to withdraw or amend this Site, and any Services, Applications, or Materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to  some parts of the Site to visitors and some or all parts of the Application to Users.

 

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.

  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Your Use of the Site

Schema provides content through the Site that is copyrighted and/or trademarked work of Schema or Schema’s third-party licensors and suppliers (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content.

 

You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Schema’s, its licensors’, or the Site’s other users’ intellectual property rights.

 

Subject to these Terms of Use, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

 

If you breach any of these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

 

Your Use of the Application

The Application is intended solely for use as dictated by Schema, including Providers accessing and using the Application and Services to offer concussion-related services to Patients, and Patients accessing and using the Application to receive such services from Providers, or other Application functionality offered now or in the future through Schema and the Application.

By registering on the Application, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, and/or telephone number when registering on the Application. By registering with the Application, you consent to receive periodic communication from us regarding the status of your account or other information associated with your account or the services provided.

You are responsible, at your expense, for procuring and maintaining computer hardware, systems software, internet service, and other items necessary to securely access and use the Application. We reserve the right to modify these requirements from time to time in its sole discretion.

 

The Application shall not be used by anyone under the age of eighteen (18). By accessing or using the Application or its resources you represent and warrant that you are eighteen (18) years of age or older.

The Application may allow you to submit feedback or comments to us. By posting, uploading, inputting, providing or otherwise submitting feedback or comments to us, you represent and warrant that your submission is truthful and that you own or otherwise control all of the rights to your submission. You hereby grant us an unlimited, world-wide, and royalty free license to use any content included in your feedback or comments submitted to us.

All data entered into your profile during registration, through the use of the Application, or data or information generated by the Application is subject to these Terms of Use and our Privacy Policy.

 

For Providers: In order to register on the Application as a Provider, you will be required to provide certain information regarding your certifications, current licensure, education, background, experience and other information. By seeking to register as a Provider on the Application, you represent and warrant that you have all necessary qualifications, certifications, expertise, skill, and requirements and are qualified to provide the concussion-related services that you offer through the Application. Schema will determine, in its sole discretion, whether to approve a request for Provider registration. In the event you are approved as a Provider, you acknowledge and agree that you are solely responsible and liable and bear all risks activities and services you provide in connection with the Application and that Schema shall not be liable in any way for your conduct and actions in connection with the Application. You should carry professional malpractice and general liability insurance with a minimum coverage amounts of $1,000,000 per incident or in amounts required by applicable state laws.

In connection with your use of the Application and Services, you will obtain Patient information from Schema through the Application or directly from Patients in connection with the provision of concussion-related services provided to Patients. You agree to use all such Patient information only in accordance with all applicable laws and regulations and only in connection with your use of the Application and Services and the provision of concussion-related services to Patients.

As a Provider, you are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application including those related to data privacy, international communications and the transmission of personal data, including Protected Health Information of a Patient. “Protected Health Information” shall have the meaning provided in 45 CFR §160.103.

For Patients: You are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application including those related to data privacy, international communications and the transmission of personal data. As part of the Application and Services, you may access a Provider directory database to identify relevant Providers offering concussion-related services and select to engage in one or more transactions with a Provider through the Application. While Schema takes steps to verify the qualifications of all Providers listed on the Application, Schema does not control the concussion-related services provided by Providers and is not responsible or liable for the results of any concussion-related services you receive from Providers engaged through the Application. Should you choose to engage a Provider through the Application, you acknowledge that you are doing so at your own risk.

Registration and Security Controls

You will be required to register in order to access all features of the Application. During registration, you may be assigned a user name and password through the Application’s registration process.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. We will not be liable for any loss or damage arising from your failure to keep such information protected. You will: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Site or Application.

 

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at privacy@schema.ngo. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We may implement password controls which require you to change your password every so often, and you agree to change your password when notified to do so.

 

Your Communications to the Site

Except to the extent your content or communications to us include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

 

Electronic Communications

By using the Site, Application, or the Services provided on or through the Site, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

User Content:

Schema provides the Application to offer a platform and marketplace for concussion-related services and to facilitate transactions between Patients and Providers. In connection with the use of the Application, both Providers and Patients will be required to provide certain information, including without limitation, name, title, occupation, date of birth, gender, address, email address, phone number, social security number, and emergency contact information (collectively, “User Content”). You may also be required to provide certain treatment related information in connection with your use of the Application, including without limitation, symptoms, conditions, medications, prior injuries, prior treatment, health history, exercise and physical activities, and other treatment or health-related information relevant to your provision or use of concussion-related services (collectively, “Treatment Content”). The Application may also allow for the generation or collection of data from Patients and Providers in connection with the Services and transactions occurring through the Application, including without limitation, time entries, health service records, Patient authorizations and care plans, services performed for Patient, income, taxes owed by Patient or Provider, and other Application generated information (“Usage Data”). The proper and efficient functioning of the Application relies on this User Content, Treatment Content, and Usage Data, and you hereby provide Schema a license to use the User Content, Treatment Data, and Usage Data to provide and enhance the Services. You grant Schema a perpetual, irrevocable, and worldwide license to aggregate and anonymize the User Content, Treatment Content, and Usage Data (“Aggregated User Data”) and to sublicense, distribute, sell, use or otherwise commercialize Aggregated User Data for any purpose. Schema assumes no responsibility regarding the accuracy of the User Content, Treatment Content, Usage Data, or any information that is provided by you through the Application and use of such information is at your own risk. Schema shall have no property right in or to the User Content, Treatment Content, or Usage Data other than the licenses granted herein.

 

User Conduct:

You represent and warrant that no materials of any kind submitted to or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

Provider represents and warrants that it has obtained all necessary consents from Patients to use their mobile phone numbers to send notification SMS texts or emails to a Patient’s mobile phone or email address.

In addition to the above, you represent and warrant you will not:

  • Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application without Schema’s express written consent except as otherwise provided herein;

  • Modify or make derivative works based upon the Application;

  • Create Internet "links" to the Application except for access to the home page, or "frame" or "mirror" any content on any other server or wireless or Internet-based device;

  • Reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application or Services, or (c) copy any ideas, features, functions or graphics of the Application or Services;

  • Share user licenses as each Provider and Patient must register with the Application;

  • Use the Application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Application;

  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

 

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.

  • Posting false, misleading, or fraudulent statements or content.

  • Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.

  • Collecting Personal Information of other users of the Site without that user’s consent.

  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.

  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.

  • Framing or deep linking into the Site.

  • Accessing the Site by means of automated process, spiders, bots or similar device.

 

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to post to this Site (or use the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Schema. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Third-Party Links

This Site and Application may be linked to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any Third-Party Sites. We are providing links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

 

Proprietary Rights

Trademarks, names and logos on this Site are the property of their respective owners.

 

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Schema. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

Federal and State Laws

The Site and Application are operated from the United States. When using the Site or Application, or when using any content provided by us, you represent and warrant you will obey and comply with all applicable federal, state and local laws. Any use of the Application that violates any applicable laws will be grounds for discontinuing your rights to access the Application.

Termination

Schema may terminate your access to the Application and the Services or reduce the functionality of the Application and Services for any reason, at any time, and in Schema’s sole discretion, with or without notice. Upon termination of this Agreement, Schema shall terminate your access to the Application and you shall discontinue all use of the Application. Upon a termination of this Agreement, you shall not be entitled to a refund of any pre-paid fees.

Minimum Age

We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

 

Disclaimer of Warranties

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

 

Medical Disclaimer

SCHEMA DOES NOT PROVIDE MEDICAL SERVICES, NOR DOES SCHEMA EMPLOY OR CONTRACT WITH ANY HEALTH CARE PROVIDERS. THE HEALTH CARE PROVIDERS LISTED IN THE SITE’S DIRECTORY ARE INDEPENDENT PRACTITIONERS AND ARE NEITHER EMPLOYEES NOR AGENTS OF SCHEMA.  SCHEMA IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN FROM A PROVIDER LISTED ON THIS SITE. SCHEMA ASSUMES NO RESPONSIBILITY FOR THE SERVICES A PROVIDER PROVIDES, NOR ANY ACT, OMISSION OR WRONGDOING OF ANY OTHER USER OF THE APPLICATION. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITES IS PROVIDED “AS-IS” FOR GENERAL INFORMATION PURPOSES ONLY. THE APPLICATION, SERVICES, AND THE INFORMATION CONTAINED ON THE APPLICATION IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APPLICATION. THE INFORMATION AND VIEWS PROVIDED BY PROVIDERS ON THE APPLICATION SHALL NOT BE ATTRIBUTED TO SCHEMA.

THE APPLICATION IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE APPLICATION OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

 

 

General Disclaimer

THE APPLICATION AND INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING PROVIDERS ON THE APPLICATION AND ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE APPLICATION. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. SCHEMA AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SCHEMA AND ITS LICENSORS AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR SERVICES, OR ANY MATERIAL ON THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. SCHEMA AND ITS LICENSORS AND CONTRACTORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.

 

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 

By providing THE SERVICES on the Site, WE DO not in any way promise that the SERVICEs will remain available to you. WE ARE entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.

 

Limitation of Liability

SCHEMA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCHEMA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SCHEMA. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. SCHEMA’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO SCHEMA FOR YOUR USE OF THE APPLICATION WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING SCHEMA TO LIABILITY.

 

Indemnification                                                              

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: providing content to or communicating with us or our affiliates, unauthorized use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms of Use.

 

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • Description of the copyrighted work that you claim has been infringed;

  • The location on the Site of the material that you claim is infringing;

  • Your address, telephone number and e-mail address;

  • A statement that your claim of infringement is based on a good faith belief; and

  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

 

Schema

Attn: Privacy Officer

Privacy@schema.ngo

 

Miscellaneous Provisions

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES ARISING OUT OF, RELATIED TO, OR CONNECTED WITH THESE TERMS OF USE , YOUR USE OF THE SITE AND/OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

Waiver of Right to Jury; Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

 

Governing Law and Venue. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of [city, state], except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

 

Website Availability. WE cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although WE strive to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and WE disclaim any liability for damages resulting from such problems.

 

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

 

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

 

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@schema.ngo.

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