Terms Of Use | The SODA Fund - Survivors of Domestic Abuse

The SODA Fund, Inc (collectively, “We” “Our” or “Us”)

Thank you for visiting TheSODAFund.org. Your access to our website, mobile application, and/or any other platform (the “Site”), including the functionality of the Site and products or services offered or provided through the Site, shall be subject to the terms of use set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING OR VISITING ANY ASPECT OF THE SITE, YOU CONSENT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY WHICH TOGETHER SHALL FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND US. If you do not agree to these Terms of Use or the Privacy Policy, please do not use the Site.

WE ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES: The contents of the Site are not intended to be a substitute for professional advice of any kind, including psychological advice, psychiatric advice, medical advice, safety planning, diagnosis or treatment.
The qualifications of professionals and third-party sites and links to sites listed on the Site and the information provided on the Site are not verified by us. All users of the Site (“you”) are urged to take reasonable steps to verify the professional qualifications of those listed on this site. Reliance on any information provided is solely at your own risk.

Always seek the advice of a qualified professional with any questions you may have regarding domestic abuse, domestic violence or any content contained herein. Never disregard professional advice or delay in seeking it because of something you have read on this Site.
Furthermore, if you think you are experiencing an emergency, please call 911, or visit your local emergency room immediately.

THIRD-PARTY SITES: We are not responsible for the availability or content of other products or services that may be linked to our Site. Because we have no control over such services, you acknowledge and agree that we make no representations or warranties as to those third-party sites, are not responsible for the availability of such external products or services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, services, or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Reliance on any information featured on the Site and reliance on information provided by any person appearing on our Site are solely at your own risk. We are not liable for any advice or information provided on the Site or for any advice or information provided by any person who appears on the Site. No warranties either express or implied are made on the information we provide and we do not recommend or endorse any specific tests, legal services, support groups, physicians, products, procedures, opinions, or other information that may be included on our Site.

PRIVACY POLICY: Please refer to the Privacy Policy for information on how we collect, maintain, use and disclose information collected.

HOLD HARMLESS: By browsing this Site, participating in communities, forums or other activities on the Site, viewing content, engaging with other persons either on or off the Site, or participating in any other activity on the Site or while off the Site, you agree to hold us harmless from any and all claims. If you do not agree to everything in the above disclaimer, please cease your use of this Site immediately.

COPYRIGHT: Our Site (including all text, photographs, graphics, video and audio content contained on our Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Site.

Names or any other information on the Site may not be used for any marketing or sales purposes, to conduct research, or to establish independent data files or compile information.

If you believe in good faith that your content has been copied in a way that constitutes copyright infringement, you should notify us of possible infringement as soon as possible by submitting your notice in writing to the attention of:

Please include the following information in your notice:
Your name, address, telephone number, and email address (if any);
A description of the copyrighted content that you claim has been infringed;
A description of where on the Site the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted content is not authorized to be used by us, our agents, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.

DISCLAIMER: THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the fullest extent permitted by applicable law, we expressly disclaim any and all warranties or representations that, to our knowledge, (i) the Site, and content provided are current, accurate, complete, original, reliable, useful, genuine, non-infringing or provided in good faith; (ii) Site content, including, but not limited to, name, email and contact information, will not be lost, stolen, corrupted or destroyed; or (iii) the Site is immune from viruses, hacking or breach. We reserve the right to temporarily disrupt or permanently discontinue the Site for any reason, or any period, at any time, in our sole discretion, without maintaining back-up, and without prior notice.

INDEMNIFICATION: YOU EXPRESSLY AGREE TO INDEMNIFY, RELEASE AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, INJURIES, DEBTS, OBLIGATIONS, LIENS, CHARGES, TAXES, PENALTIES, EXPENSES OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, DISBURSEMENTS ATTENDANT THERETO, AND INTEREST) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, INABILITY TO USE THE SITE, CONTENT, YOUR BREACH OF THIS AGREEMENT (INCLUDING THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN), ANY OTHER ACTIVITIES WHICH YOU ENGAGE IN WHILE USING THE SITE, OR ANY THIRD-PARTY CLAIMS.

ENTIRE AGREEMENT: These Terms of Use, together with the Privacy Policy, represent the entire agreement between you and us with respect to your use of the Site, and supersedes all prior communications and proposals, whether electronic, oral, or written between you and us with respect to the Site. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms of Use is null and void unless otherwise agreed to in writing by you and us.

SEVERABILITY: If any term or condition of these Terms of Use shall to any extent be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall be unaffected thereby, and each provision shall be enforced to the fullest extent permitted by law.

WAIVER: Failure to insist on strict performance of any of the provisions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

MODIFICATION: We reserve the right, in our sole discretion, to update, change, modify, add, or remove portions of these Terms of Use from time to time without notice. You are encouraged to periodically check for updates. No amendment, modification, extension, limitation, waiver or termination of these Terms of Use shall be valid except with our consent.

GOVERNING LAW/COSTS. Any claim or cause of action brought against us arising out of or relating to your use of the Site, whether at law or in equity, shall be governed exclusively by these Terms of Use and by the laws of the State of Maryland, and you agree to submit to the exclusive jurisdiction of, and agree that venue is proper in the District Courts or Circuit Courts in Montgomery County, Maryland. In the event of any legal action filed hereunder, if we are the substantially prevailing Party, we shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees incurred in enforcing, attempting to enforce, or defending any of the terms, covenants or conditions of this Agreement, including costs incurred prior to commencement of legal action and in any appeal.

REMEDIES CUMULATIVE: All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to us, whether provided by law, equity, statute, in any other agreement between you and us.
WAIVER OF JURY TRIAL: YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, RELIANCE ON CONTENT, THESE TERMS OF USE, OR THE PRIVACY POLICY.
CONTACT: If you have any questions pertaining to this Agreement, you can reach us at: Contact@TheSODAFund.org

SODA and SODA-POP are registered trademarks and trademarks of Bright Light Concepts, LLC and are used with permission under license agreement.

Effective Date: October 1, 2018