CGRS Terms of Use

UC Hastings Center for Gender and Refugee Studies (“CGRS,” “we” or “us”) provides a database through which attorneys (“End Users”) can search for immigration case summaries, request assistance with and materials for asylum and other humanitarian matters, and locate and engage country conditions experts and other expert witnesses for asylum and other humanitarian matters (“Experts”). End Users and Experts are collectively and individually referred to herein as “Users,” a “User” or “you.” The following terms, including the Privacy Policy referenced below (collectively, the “Terms of Use” or “Terms”) govern all use of the Services (as defined below) by Users.

ACCEPTANCE OF TERMS

The CGRS Internet site available at https://cgrs.uchastings.edu/assistance and all related sites provided by CGRS, and the content, features and services provided through such sites and applications (collectively, such services the “Services”) can only be accessed and used subject to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE CGRS PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SERVICES.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

MODIFICATIONS OF TERMS OF USE

We may periodically modify the Terms of Use. If we make material changes to the Terms of Use we will notify you via the Services (e.g., by posting a notice on our website indicating that the Terms of Use have been changed. BY CONTINUING TO USE THE SERVICES YOU ARE CONSENTING TO THE REVISED TERMS OF USE. If you do not agree with any modifications to the Terms of Use you must cease using the Services.

REGISTRATION

We require that you create an account to use or access certain parts and features of the Services. We require that you provide registration information such as a username and password to access and utilize your account. As a condition of your use of the Services, you agree to (a) provide CGRS with true, accurate, current and complete information as prompted by the CGRS’s registration forms, when registering for or using the Services, (b) update and maintain the truthfulness, accuracy and completeness of such information, and (c) certify that you do not work for the United States or any foreign government (with the exception of working for the United States as a federal public defender), and will not use the tools and/or information available on the Services for purposes other than to protect and promote the rights of immigrants. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. Creating multiple accounts for a single User or failing to provide complete or current information may result in account termination.

By registering with or using the Services you represent and warrant that you are 18 years of age or older and are legally competent to enter into and agree to these Terms of Use.

PRIVACY POLICY

CGRS’s Privacy Policy explains how we collect, use and disclose your personal data in connection with the Services. By using the Services, you agree that CGRS can use such data in accordance with CGRS’s Privacy Policy.

USE OF THE SERVICES

Subject to compliance with these Terms of Use, CGRS grants Users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Services in accordance with the Terms.

PROHIBITED CONDUCT

As a condition of your access and use of the Services and your submission or access to any ratings, reviews, information, data, text, court or other case documents, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful, prohibited by these Terms of Use, or not intended by CGRS. In particular, you agree not to:

(a) violate these Terms of Use or any other applicable agreement between you and CGRS or you and any third party, including agreements between End Users and Experts;

(b) use the Services in any manner that violates any law;

(c) Use the Services in any manner that infringes, misappropriates or violates any third party’s rights, including transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, or intellectual property rights;

(d) use the Services or any Content for any purposes not authorized by this Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of unsolicited solicitation;

(e) reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Services other than to provide services as an Experts or to obtain services as an End User;

(f) harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CGRS, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

(g) provide or submit false or misleading information;

(h) take any action that would interfere with or undermine the review and rating process under the Services;

(i) use the Services in any way that could interfere with the rights of CGRS or the rights of other users of the Services;

(j) attempt to gain unauthorized access to any portion or feature of the Services, other User accounts, or any other systems or networks connected to the Services or to any server used by CGRS by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Services user;

(k) sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

(l) transmit or submit any transmission or other materials that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Services;

(m) access, download, monitor, or copy any information contained on our Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Services; or

(n) probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on or of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Services, or any other customer of CGRS, including any CGRS account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including personal identification or information other than your own information, except as expressly authorized by CGRS and provided for by the Terms of Use.

SUBMITTED CONTENT

As a condition of submitting any Content or other materials via the Services, you agree that:

(a) CGRS may elect which Content (if any) will be posted on the Services, provided that Users may make an election on the Service not to allow their Content to be posted without their permission;

(b) you grant to CGRS a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to CGRS all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services;

(c) you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, CGRS, and others as described and otherwise contemplated in these Terms of Use;

(d) you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.

(e) you are solely responsible for reviews and ratings you submit, including any liability to CGRS or third parties arising therefrom;

(f) all of your reviews and ratings of the Experts that you are rating will be accurate, honest, truthful, and complete in all respects and you will not submit any reviews that may be considered by CGRS to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;

(g) all of your reviews and ratings will be based upon your actual first-hand experiences with the Users you are reviewing;

(h) you do not work for, own any interest in, serve on the board of directors of, or have a familial relationship with any of the Experts for which you submit reviews and ratings;

(i) you have not received any form of compensation to post reviews and ratings;

(j) you will not submit reviews with hyperlinks; and

(k) the reviews and ratings that you provide do not reflect the views of CGRS, its officers, managers, owners, employees, agents, designees or other users and that CGRS cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Services.

You further acknowledge that CGRS has no obligation to screen, preview, monitor or approve any Content or Experts. However, CGRS reserves the right to review, modify and/or delete any Content, or remove access to any Experts, for any reason, including but not limited to that, in CGRS’s sole judgment, the Content or Experts violate these Terms of Use or otherwise may cause liability for CGRS or any other party.

EXPERT QUALIFICATIONS

The expert referral portion of the Services includes a wide range of Experts collected over the years from attorneys and through our own independent research. CGRS does not guarantee any Expert’s work product. End Users must conduct their own research and vetting when deciding whether to engage an Expert on their asylum case. CGRS does not receive any funds from Experts in conjunction with their inclusion in the Services.

USE OF EXPERT SERVICES

CGRS does not endorse and is not responsible or liable for any Expert or any services available or unavailable from, or through, any Expert listed on the Services. You agree that should you use or rely on such services, available or unavailable from, or through any Expert, CGRS is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or use of any services from any Expert, and the terms, conditions, representations or warranties associated with such dealings, are between you and such Expert exclusively and do not involve CGRS. You are responsible for ensuring the competence and trustworthiness of any Expert before hiring or engaging such Expert.

CGRS may link or otherwise direct End Users to third party or Expert websites. CGRS does not control or operate any such third party or Expert websites. Any information you provide to these third party or Expert websites while on these third party or Expert websites is subject to the respective policies of those third parties or Expert, and not CGRS's policies. It is your responsibility to review such third party or Expert policies, including any relevant privacy policies. You use these third party or Expert websites at your own risk.

You waive the right to bring or assert any claim against CGRS relating to any interactions or dealings with any Expert and you release CGRS from any and all liability for or relating to any interactions or dealings with, and any services provided by, any Expert.

SUSPENSION AND TERMINATION

CGRS may terminate or suspend your access to or use of the Services for any reason, including suspected violations of the Terms of Use. Upon such suspension or termination you must cease accessing or using the Services, including any related data and information. Furthermore, you acknowledge that CGRS reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that CGRS may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to CGRS.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Services, including provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

TRADEMARKS AND COPYRIGHTS

CGRS, and other Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of CGRS or its licensor’s in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

Content and other material made available on the Services is protected by copyright and other intellectual property laws. Aside from user-submitted Content, all other materials and other information on the Services, including all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of CGRS and/or its licensors and are protected by all United States and international copyright laws.

COPYRIGHT INFRINGEMENT CLAIMS

It is CGRS’s policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will use reasonable efforts to promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.

Notifying CGRS of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification” by either sending: (i) an email to cgrs@uchastings.edu; or (ii) a letter, first class certified mail, to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director, that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing CGRS with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Notification” by either sending: (i) an email to cgrs@uchastings.edu; or (ii) a letter, first class certified mail, to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director, that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

DISCLAIMER

CGRS makes no representations or warranties concerning any Content, the Services or any services procured from Experts or other third parties. ANY USE OF THE CONTENT OR SERVICES, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. THE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CGRS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS (COLLECTIVELY, “CGRS PARTIES”) HAVE ANY LIABILITY IN CONNECTION WITH THE CONTENT OR SERVICES or any services procured from Experts or other third parties FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH CGRS PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

THE CGRS PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE CONTENT OR SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $50.

INDEMNITY

You agree to indemnify and hold harmless CGRS, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to CGRS; (c) any intentional or willful violation of any rights of another or harm you may have caused to another, or (d) your use or provision of any services in connection with the Services. CGRS may elect to control the defense of any such damage or claim.

NOTICE

By use of the Services, you consent to receive electronic communications from CGRS (via email or via a posting on the Services), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that CGRS may communicate any notices to you under these Terms of Use through electronic mail, regular mail or posting the notices on the Services. All notices to CGRS must be provided by either sending: (i) an email to cgrs@uchastings.edu; or (ii) a letter, first class certified mail, to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director. Such notices will be deemed delivered upon receipt.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including the Privacy Policy, constitutes the entire agreement between you and CGRS. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and CGRS regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to CGRS under these Terms of Use.

GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS

These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Services. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for CGRS’s right to seek injunctive relief as set forth below.

If you do not want to arbitrate disputes with CGRS and you are an individual, you may opt out of this arbitration agreement by sending an email to cgrs@uchastings.edu within 30 days of the day you first access or use the Services.

If you intend to seek arbitration you must first send written notice to CGRS of your intent to arbitrate (“Notice”). The Notice to CGRS should be sent by any of the following means: (i) electronic mail to cgrs@uchastings.edu; or (ii) sending the Notice by U.S. Postal Service certified mail to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or CGRS may elect to have the dispute resolved through non-appearance-based arbitration.

To the fullest extent permitted by applicable law, YOU AND CGRS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND CGRS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and CGRS agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in San Francisco, California, and you and CGRS each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that CGRS shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with CGRS, CGRS may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. CGRS’s remedies are cumulative and not exclusive. Failure of CGRS to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with CGRS's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and CGRS as a result of these Terms of Use or use of the Services.

CONTACTING US

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Use, please contact us at cgrs@uchastings.edu. We will address any issue to the best of our abilities.

These Terms of Use were last modified on February 19, 2020.

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