National Equity Project Terms of Service

Last Modified: September 9, 2024

Acceptance of the Terms of Service

These terms of service are entered into by and between You and National Equity Project ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service", govern your access to and use of our nationalequityproject.org, blackteacherproject.org, and centerforequityleadership.org domains and our Center for Equity Leadership Online Library (available at centerforequityleadership.online), including any content, functionality, and services offered on or through the aforementioned domains and websites, and our live and recorded trainings and events (collectively, the "Service"), whether as a guest or a registered user.

The use of trainings and products produced and delivered as part of a Services Contract between the Company and Client shall be governed by the terms contained in the Services Contract.

Please read the Terms of Service carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.nationalequityproject.org/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service.

This Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time, and we will provide notice, for example via the Service or other means such as email, when we make material changes. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service.
Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.

To access the Service 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 Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 Service or portions of it using your user name, password, or other security information. 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. 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 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 or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Service for non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features for use with certain content, you may take such actions as are enabled by such features.
If we have given you written permission to make certain uses, you may act in accordance with such written permission.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: copyright@nationalequityproject.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will stop immediately and you must, at our option, and in addition to any other remedies that may be available to us, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “Leading for Equity”, “Center for Equity Leadership”, “Black Teacher Project”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

User Contributions

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, videoconferences, trainings, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose consistent with our nonprofit mission, including without limitation to provide you with the Service, for NEP’s incorporation into its trainings, workshops and educational materials, and for marketing and promotional purposes.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright or Trademark Infringement Complaints

If you have an intellectual property rights-related complaint about material posted on the Services, you may contact our Designated Agent at:

IP Manager

National Equity Project, 1720 Broadway, Suite 400, Oakland, CA 94612

510.208.0160

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include substantially the following:

an electronic or physical signature of the person authorized to act on behalf of the owner of the right being infringed;
a description of the intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the intellectual property owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Our intellectual property policy is to: (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (ii) to terminate the accounts of and block access to the Service by users who repeatedly infringe other people’s copyrights or other intellectual property rights.

Reliance on Information Posted

The information presented on or through the Service 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 Service, or by anyone who may be informed of any of its contents.

This Service 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 the Company. 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.

Changes to the Service

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

In-Person and Virtual Trainings, Conferences and Events Terms and Conditions

Event Registration. Event registration is limited. To register, participants must provide complete and accurate registration information, including full name and email address. Registration entitles you to attend only the particular online or in-person event, training, course or workshop (each an “Event”) that you are registered for. If you are provided with login credentials or access codes for virtual events, they are for your use only, and you may not share them. In its sole discretion, NEP reserves the right to refuse admittance to or expel from anyone from an Event that it determines is behaving in a manner that could be disruptive to the Event or any other attendee.

Participant Cancellation and Transfer Policy. Except as expressly provided below, registration fees are non-refundable and non-transferrable. Therefore, if you register for an Event but do not attend, you are still responsible for full payment. Any permitted refunds, transfers or cancellations may be subject to processing fees from our service providers, such as Eventbrite, and you agree to pay such fees or have them deducted from any refund.

For online courses and online workshops, if you provide notice to us via email at events@nationalequityproject.org at least seven (7) days before the start date, we will, if requested: (i) refund your registration; (ii) permit you to transfer your registration to a different attendee, provided that it is your responsibility to ensure that such substituted attendee is aware of and accepts this Agreement (you may also be held responsible for Code of Conduct violations made by the substituted individual); or (iii) transfer your registration in an online course to a future offering of the same course, or your online workshop registration to another online workshop, in each case subject to availability.
For in-person Events, we will provide a refund if you provide notice to us via email at events@nationalequityproject.org at least four (4) weeks prior to the event start date for non-residential events, and six (6) weeks prior to the event start date for residential events. You may transfer your in-person event registration to a different attendee by providing notice to us at least seven (7) days before the event start date at events@nationalequityproject.org, provided that it is your responsibility to ensure that such substituted attendee is aware of and accepts this Agreement (you may also be held responsible for Code of Conduct violations made by the substituted individual).
We send out a detailed orientation email one week before an event. If you do not receive an orientation email, please check your spam folder or send an email to events@nationalequityproject.org.

Event Cancellation or Rescheduling by NEP. NEP may cancel, reschedule, or postpone online or in-person Events at any time, and for any reason. In the event of a cancellation or postponement, NEP will make reasonable efforts to inform registrants of such cancellation or postponement in advance of the event.

If NEP cancels a paid event, it will, at NEP’s option, offer a refund or a credit for attendance of another event of similar price. Such refund or credit is your sole remedy, and NEP shall not be liable for any damages, costs, or losses incurred, including without limitation any incidental or consequential damages, transportation costs, accommodation costs, or any other financial losses related to such event change.

Age Limitation. All registrants must be at least 18 years of age.

Payment. Some Events are offered at no charge, in which case registration will still be required for attendance, but no monetary payment will be collected. Other Events will require payment of a registration fee. It is your responsibility to promptly pay all registration fees when due, using the payment methods identified by NEP. Any and all third-party fees associated with registration, and any and all costs associated with your attendance shall be borne solely by you.

Recording by Participants. Audio and video recording (including streaming), capturing of screenshots, or copying of other content made available through an Event (including without limitation one‐on‐one meetings, group discussions, or any other activity with other participants) is strictly prohibited unless you have obtained express written consent from NEP and all other participants.

Recording by NEP. NEP may record Events (including by means of audio and video recording, including streaming, capturing of screenshots, and copying of content made available through an Event) at any time in its sole discretion. You hereby irrevocably grant NEP, its affiliates, agents, and licensees, the right, but not the obligation, to record your avatar, likeness, voice, and/or username and to own, license, assign, and use the same (or any portion) in the production, exhibition, and promotion of NEP Events, products, and services without compensation, in any media and on any platform now known or hereafter devised (including the Internet) throughout the universe in perpetuity. You waive the right to bring a claim or action of any kind against NEP in connection with NEP’s creation, editing, or use of such recordings.

Presenters Responsible for their own Views, Materials. The views expressed by any Event attendee or speaker are not necessarily those of NEP. All Event attendees and speakers are solely responsible for the content of any individual or corporate presentations, marketing collateral, advertising, and online web content.

Attendee List, Privacy. By registering for an Event, you agree that NEP may share an attendee list with the other attendees of the Event. The attendee list may not be reproduced, copied or disseminated, entered into a computer database, used as part of or in conjunction with a mailing list, or otherwise utilized except for your individual, personal and confidential reference. You may discuss information you learned at the Event, but you agree not to disclose the identity or affiliation of the speaker(s), or any other participant. NEP, however, may disclose such information at its discretion, in accordance with its Privacy Policy.

Code of Conduct. You are required to adhere to this Agreement, including this Code of Conduct. Event organizers are empowered to enforce this code and expect cooperation from all Event participants to help promote a safe and enjoyable experience for everyone. Unacceptable behavior will not be tolerated. Anyone engaged in unacceptable behavior is subject to expulsion from the Event without warning and/or a ban from future NEP events, in addition to all other available remedies. NEP is committed to diversity, equality, and providing a safe and productive environment that fosters open dialogue and the free expression of ideas, free of harassment, discrimination, and hostile conduct. All participants must conduct their business and interactions at NEP Events in compliance with all applicable laws, rules, and regulations.

Acceptable conduct includes but is not limited to:

demonstrating good manners by being considerate, respectful and courteous to those in attendance;
respecting diversity of thought from your fellow participants;
being mindful of your surroundings and of your fellow participants; and
refraining from demeaning, discriminatory or harassing behavior and speech.

Unacceptable conduct includes, but is not limited to:

intimidating, harassing, abusive, discriminatory, derogatory or demeaning conduct, including conduct meant to provoke;
offensive verbal or written comments, including comments that others may find inappropriate (e.g., obscenities, threats or inappropriate comments related to race, ethnicity, age, religion, gender identity, sexual orientation, disability, marital status, etc.);
use of nudity (e.g., sexual or lewd images);
intimidation, stalking or inappropriate advances; and
intentional disruption of presentations or other events.

Please note that although NEP has instituted certain Event rules in the interest of protecting the safety and privacy of speakers and attendees, NEP cannot guarantee that all speakers or attendees of its events, or any other third party, will abide by its rules, and attendance at our Events is at your own risk.
If you believe that any Event participant has violated or is violating this Code of Conduct, please alert NEP at events@nationalequityproject.com.

Liability Release. NEP and its directors, officers, employees, agents, representatives and successors shall not be liable for, and are hereby released from, any claims, liabilities, losses, damages, costs or expenses relating to or arising out of any injury to any other person or any loss of or damage to any property of registrants or any other property where such injury, loss or damage is incident to, arises out of or is in any way connected with the registrant’s registration for or participation in an Event. Each registrant shall be solely responsible for any such injury, loss or damage or any expenses relating thereto, and each registrant hereby agrees to protect, indemnify, hold harmless and defend NEP and its directors, officers, employees, agents, representatives and successors against all such claims, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees and costs of litigation. In addition to the foregoing, the registrant agrees that it will make no claim of any kind against NEP and its directors, officers, employees, agents, representatives and successors for any injury, loss, cost or damage of any nature or character whatsoever, including without limiting the foregoing, any claim for damage to the registrant’s business by reason of the failure to hold the Event, any technical or other issues experiences by participants that result in inability to access or attend the Event, or for any action of NEP and its directors, officers, employees, agents, representatives and successors in relation to the Event.

Online Purchases and Other Terms and Conditions

You agree to timely pay for all workshops, trainings, events, and other products or services offered through the Service. We may use third parties, such as Eventbrite, to handle your registration and/or processing of your payment. Your use of such third-party services is subject to those services’ terms of use and privacy policies: please familiarize yourself with them.

Additional terms and conditions may also apply to specific portions, services, or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Linking to the Service

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Service is based in the State of California in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, violation of the Code of Conduct, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Oakland and County of Alameda. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and National Equity Project regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This website is operated by National Equity Project, 1720 Broadway, Ste. 400, Oakland, CA 94612.

All notices of copyright infringement claims should be sent to the Designated Agent specified above, in the manner and by the means set out herein.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: info@nationalequityproject.org.