Welcome to the National Domestic Workers Alliance. This is a legally binding agreement between you (“you” or “user”) and the National Domestic Workers Alliance (“NDWA”, “we”, “us”) (the “Agreement”). This Agreement governs your access and use of our owned and operated website, currently available at https://www.domesticworkers.org or the “Site”, the NDWA mobile application or the “App”, all products and services (including but not limited to membership, message boards, and community forums) and their respective content and information, features, applications, widgets, including but not limited to any new functionalities, features or applications and any other products, services or features where this Agreement is posted (collectively, the “Services”).
By using our Services in any manner, you consent to and accept the terms of this Agreement. If you do not agree to this Agreement, do not use our Services.
1. Use of the Services
- Age Requirements. The Services are intended to be accessible and enjoyed by our general audience, but the use of the Services is not available to anyone under the age of 13. If you are under the age of 13, you may only use the Services under the supervision of your parent or legal guardian. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Agreement and affirm that they accept the terms herein on your behalf and bear responsibility for your use. If you are accepting the terms of this Agreement on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement .
- Changes to this Agreement. We are always working to improve your experience with our Services. From time to time, NDWA may modify this Agreement and when we do, we may add, remove, or change features or functionalities without notice to you. You acknowledge and agree that NDWA may, at its sole discretion, (i) notify you of such changes or modifications by posting them to this page and (ii) your use of the Services after such changes or modifications have been made (as indicated by the “Last Updated” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, NDWA may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information, including your email address, accurate and current. NDWA assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If you reject the updates to this Agreement, you must stop using the Services. You acknowledge and understand that employees of NDWA are not authorized to vary the terms of this Agreement, either verbally or in writing except as set forth above. For example, an employee of NDWA cannot permit you to do something that is prohibited by this Agreement or waive any of your obligations under this Agreement. If any employee offers to do so, or to post or remove any information from the Services, he or she is not acting as an agent of NDWA or speaking on behalf of NDWA. You may not rely on, and should not act in reliance on, any statement or communication from an employee or anyone else purporting to act on behalf of NDWA, unless the communication is made in a written communication personally signed by NDWA’s leadership.
- Modification to the Services. NDWA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. Except as otherwise expressly stated in this Agreement, you agree that NDWA and its affiliates shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
- Feedback. We welcome your comments, suggestions, ideas for enhancements and improvements, including new features, materials, or other content (“Feedback”). By submitting Feedback, you grant us an irrevocable, non-exclusive, worldwide, perpetual, transferrable, sublicensable (through multiple tiers), royalty-free license and unencumbered right to use the Feedback for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.
- Account Setup. To use our Services, you must have Internet access and a device that can utilize the Services. To access certain features of the Services, you will need to register and open a user account and password using a valid email address (“Account”). When registering for your Account, you represent and warrant that (i) you will not select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that NDWA, in its sole discretion, deems inappropriate or offensive. You may also be required to provide certain personal information such as your name, primary telephone number, ZIP code, language(s) spoken, and type of work engaged in.
- Account Security. You agree that you are solely responsible for maintaining the confidentiality of your Account. [You will be assigned a one-time PIN code upon each login instance.] You will take reasonable steps to maintain the confidentiality of your Account and will be responsible for all activities (whether by you or others) under your Account. NDWA assumes no liability for any loss or damage arising from any unauthorized use of your Account by a third party. You agree to promptly notify NDWA of any unauthorized use of your Account, or of any other breach of security that you become aware of involving your Account or our Services. At all times, you will make sure that the information you provide (including payment information) is accurate, current, and complete, and if any of your information changes, you agree to promptly update your Account and/or notify us accordingly. You agree that your Account is personal to you, and you will not sell, share, or provide access to your Account to anyone else, including without limitation, charging anyone for access to your Account. If NDWA suspects that information you provide is untrue, inaccurate, or incomplete, NDWA may, in its sole discretion, suspend or terminate your account and refuse all current or future use of the Services.
- Subscription. To the extent that a paid subscription is required for use of the Services, you will be required to provide a valid form of payment. You authorize us to charge any form of payment you provide for any transactions related to your access and use of our Services. Subject to applicable notice requirements, your subscription to our Services shall renew in accordance with the term you selected (such as monthly or annually). Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third-party charges and taxes when receiving our Services through your smartphone or other mobile device and you acknowledge and agree that you will be liable to pay any such third-party costs. Unless your subscription is earlier terminated or suspended by NDWA, you must cancel your subscription before it renews to avoid billing of the subscription fees for the next billing cycle. [If you cancel your subscription after your renewal deadline, such cancellation will take effect at the end of the current term and you will continue to access your subscription for the remainder of that term, but you agree that will not receive a refund.]
3. Privacy; Data Collection
4. Third Party Links and Content
The Services may provide links or offer the opportunity to visit other websites and content of third parties, engage with third party content, information, products and services (collectively, “Third Party Content”). NDWA does not monitor and has no control over any Third-Party Content. If you use these links or access any Third-Party Content, you understand that you will leave our Services and your dealings will solely be with the third-party providers of such Third Party Content, including being subjected to the terms and conditions of such third party providers. Any Third-Party Content made available on our Services does not amount to endorsement, verification, or adoption of any such Third Party Content and we neither assume any responsibility nor liability for your use of or access to any such Third Party Content. You agree that your use and access to any Third-Party Content is solely at your own risk and liability.
5. Our Content and NDWA Materials; Limited License
- NDWA Materials. All materials, content, information, data or otherwise made available on our Services (other than Your Content as defined herein), including but not limited to the designs, form or page layouts, graphics, text, sounds, pictures, images, videos, software and other files and the selection and arrangement thereof, the software, NDWA marks and logos (collectively, “NDWA Materials”), are the sole and exclusive property of NDWA and/or the property of its affiliates or licensors or content posted by users and others that has been licensed to us, and are protected by copyright, trademark, and other intellectual property laws.
- Limited License. Subject to your continued acceptance of, and compliance with the terms of this Agreement, NDWA grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services solely for your personal and non-commercial use only. NDWA reserves the right to restrict or suspend any user’s access to the Services and/or to terminate this license at any time for any reason. Except for the rights and license granted in this Agreement, we reserve all other rights and grant no other rights or licenses, implied or otherwise. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners.You may link to any of our Services [from your website, blog, application, platform, or services,] provided that (a) the link redirects the user to the respective Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests NDWA and/or our Services, or individuals featured in the Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) the link does not portray NDWA or any of its Services in a false, misleading, derogatory or otherwise defamatory manner; (e) you do not use the Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.
- Restrictions on Use. You represent and warrant that you will not:
- access, search or collect data from the Services (through automated or other means, including artificial intelligence or machine learning): (i) to create derivative works of NDWA Materials, (ii) to train or develop any AI, large language models or machine learning algorithms on NDWA Materials; (iii) to create any service competitive to our Services; or (iv) for other commercial purposes, except with the expressed prior written consent of NDWA;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
- reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduce any of the NDWA Materials or the Services;
- copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, or otherwise use any of the NDWA Materials in any form or by any means except with the prior written authorization of NDWA or the respective copyright owner;
- perform any activity that may interfere with, disrupt, damage or surreptitiously intercept or expropriate any system, data or personal information or interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
- use, frame or utilize framing techniques to enclose any NDWA Materials or use any meta tags or any other “hidden text” utilizing NDWA Materials without NDWA’s express written consent;
- use the Services or any NDWA Materials in a manner that infringes or misappropriates the intellectual property or personal rights of others; or
- intentionally or unintentionally violates applicable local, state or national law or regulation.
6. Your Content
- Your Content. The Services may include certain Services that enable you to add posts, text, photos, videos, links, and other files and information to share with other users. All content and materials that you submit, upload, post, publish, display, or transmit to others through the Services will collectively be referred to as “Your Content”. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below. You are responsible for any material that you make available through the Services, and you understand that Your Content may be viewed by the general public. You further understand and agree that NDWA does not control Your Content including any messages, information, or files that you or other users may provide through the Services.
- Disclosure. NDWA has the right to preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the terms of this Agreement; (c) respond to claims that any Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of NDWA, its users, or the public.
- Moderation. NDWA is committed to a safe and respectful space for users of our Services. NDWA may remove or refuse to publish Your Content, in whole or part, at any time in its sole discretion. You grant NDWA and its authorized agents the right (but not the obligation, whether expressed or implied) to view, monitor, edit, delete or otherwise moderate Your Content including any unpublished content made available to us through the Services at any time. Notwithstanding this right, you shall remain solely responsible for Your Content and assume all risks in regard of such content.
- Responsibilities. With respect to Your Content that is uploaded or made available on the Services, you represent and warrant to us that: (1) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use the Your Content as provided under this Agreement, and (2) that your posting of Your Content does not violates any intellectual property or personal right of others or any other applicable law or regulation. You are fully responsible for preventing any infringement of the intellectual property or personal rights of others and for complying with all applicable laws and regulations in connection with any Your Content. Further, you understand and agree that you are responsible for ensuring that the Your Content does not violate any of our terms under this Agreement and other published policies and guidelines. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
7. Take-Down Notices for Copyright Infringement Complaints (Digital Millennium Copyright Act)
NDWA does not tolerate any acts of intellectual property infringement or violations of applicable U.S. laws. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via our Services in a manner that constitutes copyright infringement, please submit a complaint and request for takedown of such specific material by post to NDWA, Attn: DMCA Complaint, 45 Broadway, Suite 320, New York, NY 10006, or by facsimile at 212-367-0813. In your submission of a takedown request, please provide us with the following information:
- a detailed description of the copyrighted work that is allegedly infringed;
- a description of the location of the allegedly infringing material on our Services;
- your contact information, including your address, telephone number, and e-mail address;
- your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
- your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
We reserve the right to suspend or terminate the account, use or access to our Services or any portion thereof of users with copyright complaints (whether repeatedly or not) lodged against their content or who violate the copyrights belonging to NDWA or a third party.
8. Conduct for Use of Services
We are committed to educating, empowering, growing and supporting all users through our Services. As such, you agree that in connection with your use of our Services, you will not:
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
- use the Services in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- use the Services to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate all applicable laws;
- use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- gain unauthorized access to the Services, or any account, computer system, or network connected to our Services, by means such as hacking, password mining, or other illicit means;
- use the Services to post, transmit, or in any way exploit any information, software, or other material for advertising, marketing or otherwise any commercial purposes, including gathering of e-mail addresses or other personal information that has been posted by other users of the Services; or
- engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind in connection with our Services, without NDWA’s prior written consent.
You may terminate this Agreement at any time by discontinuing use of the Services [or closing your account by going to account setting and disabling your account.] NDWA may, at any time and without notice, suspend, cancel, or terminate your right to use the Service in whole or in part, if you violate this Agreement, any of our policies or guidelines or for any reason. If we suspend, cancel, or terminate, in whole or in part, your use of the Services, you are no longer authorized to access such part or whole affected by such suspension, cancellation, or termination.
10. Disclaimer; Limitation of Liability
“NDWA ENTITIES” MEANS NDWA AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
OUR SERVICES, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, , NDWA ENTITIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR FREE SERVICE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
NDWA ENTITIES MAKE NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, THIRD-PARTY CONTENT OR ANY THIRD-PARTY SERVICE AVAILABLE OR ACCESSIBLE TO YOU THROUGH THE SERVICES; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USERS YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. NDWA ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE SERVICES, OR ANY THIRD PARTY CONTENT AND SITES. USE OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES OR THE USE OF ANY THIRD-PARTY CONTENT WITHIN THE SERVICES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL NDWA ENTITIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. NDWA ENTITIES FURTHER MAKE NO WARRANTY AND EXPRESSLY DISCLAIMS THAT (a) THE SERVICES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (b) THAT ANY PART OF THE SERVICES ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; (c) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (d) THAT INFORMATION OR CONTENT THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICES OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (e) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICES WILL BE SATISFACTORY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NDWA ENTITIES BE LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE NDWA ENTITIES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH APPLICABLE STATE LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES OFFERED BY NDWA.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to release, indemnify, and defend NDWA Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services, (2) Your Content, (3) your conduct or interactions with other users of the Services, or (4) your breach of any part of this Agreement including the representations and warranties hereunder. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
12. Applicable Law and Jurisdiction
This Agreement and any amendments or revisions shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement or the use of the Services shall be brought in the federal judicial district in the Southern District of New York, and you irrevocably consent to the personal and exclusive jurisdiction in the state or federal courts located in the State of New York.
13. Legal Disputes; Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- We are available by phone toll free at 1-855-426-2450 or by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 8.1 above, then either party may initiate binding arbitration.
- All claims arising out of or relating to this Agreement (including its formation, performance, and breach), the parties’ relationship with each other and/or your use of the Services shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration rules. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.
- You understand and agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. You understand and agree that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be governed by the Federal Arbitration Act. The binding arbitration will be conducted in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
- THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO THE AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARTBIRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
- Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out to the following address:
The National Domestic Workers Alliance
45 Broadway, Suite 320
New York, NY 10006
- The notice must be sent within thirty (30) days of first accessing or using the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, NDWA also will not be bound by them. NDWA reserves the right to terminate your access or use, In its sole discretion, if you opt-out of these arbitration provisions.
14. General Terms
- Mobile Services. The following applies to users of our App. The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from NDWA, your mobile carrier or third-party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. For the avoidance of doubt, NDWA is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You agree that you shall be liable for the fees for any Internet connection, data or other charges assessed by your wireless carrier to access our Services via your wireless device, including any data plan charges, toll, out-of-area, roaming or other wireless device connection charges. We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.
- Entire Agreement. This Agreement constitutes the entire agreement between NDWA and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral.
- Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Relationship. This Agreement between you and us does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
- Severability. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any invalid or unenforceable portion shall be construed as narrowly as possible to give effect to as much of the Agreement as possible. The failure of NDWA to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of NDWA’s right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect.
- Survival. The following provisions will survive expiration or termination of this Agreement: 1.4 (Feedback), Section 4 (Third-Party Content), Section 5.1-5.2 and 5.4 (Our Content and NDWA Materials), Section 6 (Your Content), 8 (Conduct for Use of Services), Section 9 (Termination), Section 10 (Disclaimers and Limitation of Liability), Section 11 (Indemnification), Section 13 (Legal Disputes and Arbitration), and Section 14 (General Terms).
Last Updated: September 25, 2023