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AllVoices Terms of Use

Last Updated: November 15, 2018

Welcome, and thank you for your interest in AllVoices Holding Co. (“AllVoices,” “we,” “our,” or “us”) and our website at www.allvoices.co (“Service”). These Terms of Use are a legally binding contract between you and AllVoices regarding your use of the Service and contain a mandatory arbitration clause.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

By clicking “I accept,” entering your phone number for verification, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including AllVoices’ Privacy Policy (together, these “Terms”). If you are accessing the service on behalf of a participating organization (as defined below), your use of the service is also governed by the AllVoices service subscription agreement between your organization and AllVoices (the “Company Partner Terms and Conditions,” or “Partner Terms”), which is hereby incorporated by reference and made a part of these terms. if there is any conflict between a provision of the subscription agreement and a provision in these terms, the provision in the subscription agreement will prevail.

If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. Your use of the service, and AllVoices’ provision of the service to you, constitutes an agreement by AllVoices and by you to be bound by these terms.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ALLVOICES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 12.)

1. Service Overview

1.1 . AllVoices gives individuals a platform to submit reports of harassment, bias, or culture issues that they have experienced or witnessed in the workplace. In addition, AllVoices gives employers the opportunity to subscribe to AllVoices’ Service for the purpose of obtaining reports regarding incidents of harassment, bias, and culture issues within their organization, and optional add-on report modules for Whistleblower and Fraud Reporting (an employer who subscribes to the AllVoices Service is a “Participating Organization”). Once AllVoices receives a report regarding a Participating Organization, AllVoices may share the report with that organization. AllVoices may also share with a Participating Organization aggregated data regarding incidents, patterns, and trends of harassment, bias, culture issues, fraud or illegal acts within that organization. Information submitted in connection with a report is subject to the AllVoices Privacy Policy.

1.2 . Every feature, item of functionality and/or content, and system currently or hereafter comprising or operating this website (collectively, this “Site”), including but not limited to all web pages, domain names, architecture, design, design elements, servers, software, code, applications, code, content, and intellectual property, are owned exclusively by AllVoices or its licensors, including, all rights, title, and interests thereto. No rights are granted to you in anything owned by AllVoices or its licensors except as expressly set forth in these Terms. By using this Site, you hereby grant irrevocably to AllVoices a royalty-free, perpetual, worldwide license to use such data and information in accordance with this Agreement and the Privacy Policy. AllVoices reserves all rights, title, and interest in and to this Site as a whole and every feature, item or system of functionality, and content currently or hereafter comprising it (collectively, the “Features”).

2. Eligibility

2.1 . You must be of legal working age to use the Service.

3. Representations and Warranties; Prohibited Conduct

3.1 Representations and Warranties.. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT TO US THAT: a.) you are at least of legal working age in your jurisdiction; b.) you will comply with these Terms; c.) you will submit reports in good faith; d.) you have not previously been suspended or removed from the Service; and e.) you will comply with all applicable laws and regulations in your use of the Service.

3.2 Prohibited Conduct.. BY USING THE SERVICE YOU AGREE NOT TO: a) use the Service for any illegal purpose or in violation of any local, state, national, or international laws or regulations; b) harass, threaten, demean, embarrass, or otherwise harm any other person or entity; c) submit a false report to AllVoices or make a knowingly false or fraudulent claim about a report or other information obtained via the Service, (including manufacturing an individual or event, or submitting a claim for spiteful or malicious reasons); d) perform any fraudulent activity including impersonating any person or entity, or claim a false affiliation, or forge or manipulate headers to disguise the origin of any traffic to the service; e) attempt to identify in any manner, including by reverse engineering the identity of any other person who submitted an incident report to AllVoices or help anyone else identify the submitter (unless compelled to do so by law or legal process; f) retaliate against a person who submitted an incident report whose identity becomes known; g) obtain or attempt to obtain unauthorized access to the Service, or to AllVoices’ systems, networks or data, or interfere with security-related features of the Service, the operation of the Service, or any user’s enjoyment of the Service; h) systematically track any visitor or user of this Site, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from the Service; i) post content containing advertisements or commercial solicitations or promotions; j) make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; K) make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

3.3 Content Removal.. AllVoices reserves the right to remove any content submitted in violation of these Terms or for any other reason determined by AllVoices in its sole discretion. AllVoices also reserves the right to refuse to share any report with either a Participating Organization or other organizations if the report seems false, unreliable, malicious, extortionate, repetitive, out-of-scope, or in violation of AllVoices policies, as determined by AllVoices in its sole discretion.

4. Feedback

4.1 . If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant AllVoices an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

5. Ownership; Proprietary Rights

5.1 . The Service is owned and operated by AllVoices. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service (“Materials”) are the property of AllVoices or its third party licensors. AllVoices reserves all rights to the Materials not granted expressly in these Terms.

6. Third Party Terms

6.1 . The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

7. Modification of These Terms

7.1 . We reserve the right to change these Terms on a going-forward basis at any time upon notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Except as expressly permitted in this Section 7, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

8. Term, Termination, and Modification of the Service

8.1 Term. These Terms are effective beginning when you accept the Terms or first use of the Service, and ending when terminated as described in Section 8.2.

8.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, AllVoices may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

8.3 Effect of Termination. Upon termination of these Terms: (a) you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Service; and (c) Sections 4, 5, 8.3, 9, 10, 11, 12 and 13 will survive.

8.4 Modification of the Service. AllVoices reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. AllVoices will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

9. Indemnity

9.1 . To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify AllVoices and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “AllVoices Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party; (e) any effort by you to identify another user of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your financial indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

10. Disclaimers; No Warranties

10.1 . THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALLVOICES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALLVOICES DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALLVOICES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

10.2 . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ALLVOICES ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ALLVOICES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

10.3 . THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AllVoices does not disclaim any warranty or other right that AllVoices is prohibited from disclaiming under applicable law.

11. Limitation of Liability

11.1 . To the fullest extent permitted by law, in no event will the AllVoices entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any AllVoices entity has been informed of the possibility of damage.

11.2 . Except as provided in section 12.4 and to the fullest extent permitted by law, the aggregate liability of the AllVoices entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of $100 and the amount you have paid AllVoices in the preceding months.

11.3 . Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section 11 will apply even if any limited remedy fails of its essential purpose.

12. Dispute Resolution and Arbitration

12.1 Generally. In the interest of resolving disputes between you and AllVoices in the most expedient and cost effective manner, and except as described in Section 12.2, you and AllVoices agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALLVOICES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2 Exceptions. Despite the provisions of Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12.3 Arbitrator. Any arbitration between you and AllVoices will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AllVoices. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

12.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). AllVoices’ address for Notice is: AllVoices Holding Co., 1507 7th St. #9, Santa Monica, CA 90401. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or AllVoices may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or AllVoices must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by AllVoices in settlement of the dispute prior to the award, AllVoices will pay to you the higher of: (I) the amount awarded by the arbitrator; or (ii) $10,000.

12.5 Fees. If you commence arbitration in accordance with these Terms, AllVoices will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AllVoices for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.6 No Class Actions. YOU AND ALLVOICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AllVoices agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12.7 Modifications to this Arbitration Provision. If AllVoices makes any future change to this arbitration provision, other than a change to AllVoices’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to AllVoices’ address for Notice of Arbitration, in which case your account with AllVoices will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.8 Enforceability. If Section 12.6 is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13.2 will govern any action arising out of or related to these Terms.

13. Miscellaneous

13.1 General Terms. These Terms, together with the Privacy Policy, the Partner Terms, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and AllVoices regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

13.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and AllVoices submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the state of California, U.S.A., and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

13.3 Privacy Policy. Please read the AllVoices Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The AllVoices Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

13.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

13.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13.6 Contact Information. The Service is offered by AllVoices Holding Co., located at 1507 7th St. #9, Santa Monica, CA 90401. You may contact us by sending correspondence to that address or by emailing us at info@allvoices.co.

13.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

13.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

13.9 International Use. Submitting a report from outside the United States is only permissible where the user is invited through a Participating Company. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

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