Acceptance of Terms

Thank you for visiting www.resoundrh.org (the “Website”), a website of Resound Research for Reproductive Health, a fiscally sponsored project of the Tides Center, a California nonprofit public benefit corporation (“Tides”, “we”, “us”, “our”). By accessing, using, or visiting this Website, you agree to comply with and be bound by these Terms of Use (“Terms”) and our Privacy Policy. You understand that we have the right to update these Terms from time to time by posting revised versions on the Website. If we make any material changes, we will indicate at the bottom of this page when they were updated. It is your responsibility to check these Terms periodically for changes. By continuing to use the Website, you accept and agree to the Terms as amended. If you do not agree to any of these Terms, please do not use the Website.

 

This Website is not for use by anyone under the age of 13.  To use this Website, you agree that you are at least 18 years old and are able to enter into the terms set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age but are at least 13 years old, you must only use the Website with the consent of your parent or legal guardian.

 

Links to Third-Party Websites

The Website may include links to third party websites. We do not operate, endorse or guarantee such third-party websites and have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, including with respect to the collection and processing of the personally identifiable information of their users. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Website, you agree with all of the foregoing, and expressly relieve Tides from any and all liability arising from your use of any third-party website.

 

Website Access

We hereby grant you permission to use the Website as set forth in these Terms, provided that you use the Website solely for personal, non-commercial use, and subject to your compliance with these Terms.  

 

Modification of the Site

We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Website at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any of the foregoing.

 

Restrictions on Use

You agree not to:

• Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Website, or enable or permit others to do the foregoing, for any purposes except for the personal purposes authorized herein, without our prior written consent;
• Use the Website for any illegal purpose, or in violation of any applicable law; 
• Solicit any users of the Website or use the Website for any commercial purposes; 
• Engage in the use, copying, reproduction, distribution, transmission, broadcast, display, sale, licensing, or other exploitation of any of the Content (defined below) other than as expressly permitted under these Terms;
• Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights; 
• Interfere with the operation or any user’s enjoyment of the Website, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, or attempting to collect personally identifiable information about users or third parties without their consent; 
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, or falsifying your identity or any information about you; 
• Access or copy any Content or information from the Website using any robot, spider, scraper, or other automated means or in a manner that overloads our servers; 
• Collect or scrape any personally identifiable information from the Website (except that we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of such materials; provided that we reserve the right to revoke these exceptions, either generally or in specific cases); or
• Circumvent, disable or otherwise interfere with security related features of the Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

You agree that Tides is entitled to monitor your use of the Website for the purpose of enforcing these restrictions and to maintain the privacy and security of the Website.

 

Intellectual Property Rights

The content of the Website, including its text, software, scripts, documents, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Content”); and the design, structure, “look and feel,” and trademarks, service marks and logos contained therein (collectively, “Marks”), are owned, controlled, or licensed by or to Tides, and subject to copyright, trademark, trade dress, and other intellectual property rights under United States and international laws and conventions. You may not use the Marks without our prior written permission. If you download or print a copy of the Content for personal, noncommercial use, you must retain all copyright, trademark, and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership or other rights by downloading or printing any such Content. Tides reserves all rights not expressly granted in and to the Website, Content, and Marks. 

 

Reliance on Information Posted

The information presented on or through the Website 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 information by you or any other visitor to the Website, or by anyone who may be informed of any of the Website’s contents.

 

Warranty Disclaimer 

OUR WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Website, and there may at times be inadvertent technical or factual errors or inaccuracies.  

 

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TIDES AND ITS AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HEREBY SPECIFICALLY AND WITHOUT LIMITATION DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT AND YOUR USE THEREOF. TIDES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD-PARTY SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN ANY CONTENT MADE AVAILABLE VIA THE WEBSITE, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, OR (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. 

 

TIDES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE. YOU AGREE THAT YOUR USE OF ANY THIRD-PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY TIDES, WHETHER EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL TIDES BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD-PARTY WEBSITES.

 

Limitation of Liability

IN NO EVENT SHALL TIDES, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Indemnity

You agree that you will be personally responsible for your use of our Website, and you agree to defend, indemnify and hold harmless Tides, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising out of or in any way connected with: (i) your use of or access to the Website; (ii) your violation of any of these Terms or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right, or publicity, confidentiality, property, or privacy right; and (iv) any disputes or issues between you and any third party. This defense and indemnification obligation will survive these Terms and your use of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

 

Choice of Law & Arbitration 

These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and Tides will initially attempt to resolve any dispute, claim, or controversy that arises in whole or in part from the Website or these Terms informally and in good faith. Failing such resolution, any such dispute, claim, or controversy shall be resolved by arbitration in San Francisco, California. The arbitration shall be conducted by one arbitrator and administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures, except that the Parties may alternatively agree to arbitration pursuant to JAMS Streamlined Arbitration Rules & Procedures. Judgment on the award may be entered in any state or federal court located in the County of San Francisco, California and having jurisdiction, and will be final and binding. You hereby waive any objections you may now or later have to venue in such forum. Notwithstanding any terms to the contrary, any arbitration conducted pursuant to these Terms shall be governed by the United States of America Federal Arbitration Act (presently 9 U.S.C. §§1-16). You hereby agree not to participate in a class action for any claims covered by these Terms. As an exception to the requirements above, you or Tides may seek provisional remedies in any state or federal court in the County of San Francisco, California having jurisdiction. 

 

Waiver of Class Action 

YOU AGREE THAT YOU WILL BRING CLAIMS AGAINST TIDES ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. YOU HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL. 

 

General

These Terms, together with the Privacy Policy and any other legal notices published on the Website (collectively, the “Policies”), constitute the entire agreement between you and Tides concerning the Website. If any provision of the Policies is deemed invalid under applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of the Policies, which shall remain in full force and effect. No waiver of any term in the Policies shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under any of the Policies shall not constitute a waiver of such right or provision. Use of paragraph headers in the Policies is for convenience only and the word “or” is inclusive and not exclusive. 

 

YOU AND TIDES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE POLICIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Last Updated: July 20, 2024