Ownership of this Site; Agreement to these Terms

Thank you for visiting our website located at https://www.timesupnow.org (this “Site”). This Site, which is owned and operated by TIME’S UP NOW INC. (“we,” “us,” or “our”), is designed to connect visitors to an online community of support and resources, including, but not limited to, the TIME’S UP Legal Defense Fund, that are aimed at combating workplace harassment, assault, and discrimination. These Terms and Conditions (these “Terms”) contain important information regarding your rights and obligations on this Site, as well as conditions, limitations, and exclusions that might apply to you. Please read them carefully.

These Terms are a binding agreement. YOU ACKNOWLEDGE AND AGREE THAT, BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY APPLY.  IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE.

THESE TERMS INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF YOUR USE OF THE SITE.

Changes to this Site

We reserve the right, in our sole discretion, to change, add or remove portions of these Terms, at any time, consistent with applicable law; provided that we are under no obligation to update this Site. It is your responsibility to check these Terms periodically for changes. We will use commercially reasonable efforts to post a notification on this Site if these Terms materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of this Site following notification of such changes means that you accept and agree to the changes.

Age Requirements for General Use of this Site

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are least 13 years of age. If you do not meet these age requirements, you must not access or use this Site.

Access to this Site

We reserve the right to withdraw, amend, or restrict your access to this Site (including any part thereof), and any service, goods, or content we provide on this Site, in our sole discretion, at any time, without notice. We will not be liable if, for any reason, all or any part of this Site is unavailable.

You are responsible for making all arrangements necessary for you to have access to this Site. In addition, you are solely responsible for ensuring that any access or use of this Site through your Internet connection complies with these Terms.

Your Use of this Site; Restrictions

Personal Use Only

You may browse this Site and all associated content solely for your personal, non-commercial use and enjoyment. 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 Site, except that: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your browser for display enhancement purposes; (c) you may print one (1) copy of a reasonable number of pages of this Site for your own personal, non-commercial use; and (d) you may take such actions as are enabled or permitted by the specific terms and conditions of any social media features or third-party links that we may provide.

Restricted Transmission

You agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, but not limited to, images and language;
  • transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including, but not limited to, material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  • transmit any information, software or other material that contains a virus or other harmful component;
  • unless permitted by law, use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in this Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from this Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
  • use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions

Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:

  • accessing content or data not intended for you or logging onto a server that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law, rules or regulations.

Any violation of our system or network security may subject you to civil and/or criminal liability.

Feedback

We may use, and share with the TIME’S UP Foundation and any other affiliates any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to us or this Site that you provide to us (excluding your PII (as defined below)) (collectively, “Feedback”) for any purpose, without incurring any liability for royalties or any other consideration of any kind, but we are not obligated to use your Feedback in any way.

The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to us.

Personal Information

To access parts of this Site or some of the resources it offers, such as our shop, you may be asked to provide certain information, including, but not limited to, personal information. We will treat any personal information that you submit through this Site (including any functionality on the Site that is facilitated by third party service providers) in accordance with our Privacy Policy. By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to or through this Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Content & Intellectual Property

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any applicable law and for any infringement of third-party rights caused by any Feedback or PII that you provide or transmit to us.

All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.

No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site. You shall not remove or destroy any copyright notices or other proprietary markings contained on this Site.

Monitoring and Enforcement; Copyright Complaints

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. In addition, we reserve the right to: (a) disclose your identity or other information about you to any third party who claims that any action taken by you with respect to our Site violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site; and (c) terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through this Site. YOU WAIVE AND HOLD HARMLESS US AND OUR 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.

Notwithstanding these foregoing rights, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to our copyright agent by e-mail AND by U.S. Mail to:

TIME’S UP NOW INC.
ATTN: Operations
16000 Ventura Blvd., Ste. 900
Encino, CA 91436
Attn: DMCA Agent
E-mail: hello@timesupnow.org
E-mail Subject: “DMCA Request”

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of this Site, including, but not limited to, our shop. As a condition to your use of this Site, you must agree to abide by these other terms and conditions. If there is a conflict between these Terms and the terms applicable to a specific portion of this Site or for any service offered on or through this Site, the latter terms shall control with respect to your use of that portion of this Site or that specific service.

We may make changes to any products or services offered on this Site, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

The purchase of any items through this Site will be governed by the Return Policy, which may be found here (“the Return Policy”), purchase terms displayed at the time of purchase, as well as by these Terms. In the event of a conflict, the Return Policy and purchase terms will control over any inconsistent provisions in the Terms.

Third-Party Content, Links and Services

We may identify or provide links to websites maintained by others and may share location of participating retailers, resource hubs, and other third parties (collectively, “Third-Party Sites”). We have not reviewed all of the Third-Party Sites identified or linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to Third-Party Sites does not constitute an endorsement by us or any of our affiliates of any Third-Party Sites, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent terms, policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites. Likewise, we are in no way responsible for shipping or fulfilling their products. While we provide links and locations of participating Third-Party Sites who sell products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites are provided only for your convenience and, therefore. you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it.

If we provide links to social media platforms, such as Facebook, Instagram, or Twitter, and you choose to visit those websites through our links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your information that you have posted, transmitted, or otherwise made available there.

Disclaimers

THIS SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE CONTENTS OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS FROM THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

The information presented on or through this Site 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 any visitor to our Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties or that links to Third-Party Sites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content that we provide, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible or liable to you or to any third party for the content or accuracy of any materials provided by any third parties.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, CONSULTANTS, DIRECTORS, AND MANAGERS (COLLECTIVELY, “REPRESENTATIVES”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF OUR PRODUCTS, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR REPRESENTATIVES TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.00 IN THE AGGREGATE. The above limitations apply to your use, misuse, or reliance upon this Site, including, without limitation, damages you may incur because of Third-Party Content identified or linked to on this Site.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms shall remain in full force and effect.

Indemnity and Release

You agree to release, defend, indemnify, and hold harmless us and our Representatives from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and costs (including, but not limited to, attorneys’ fees, costs and other expenses) arising out of or related to: (a) your use of this Site; and (b) any violation of these Terms or applicable law by you in connection with your use of this Site, including, but not limited to, any actual or alleged infringement by you or any person to whom you provide access to this Site of any intellectual property or privacy or other right of any third party.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Applicable Law and Venue; Dispute Resolution

Governing Law

These Terms and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of California without giving effect to any principles of any choice of law provisions and in the state and federal courts in Los Angeles, California.

In the event you have any dispute or claim relating in any way to your access or use of this Site or to any aspect of your relationship with us, you will first contact us and we will try to resolve the dispute or claim in good faith.

Electronic Communications Notice

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use the Site.

Mobile Site; Texting

The Site may include certain services that are available via a mobile device, including (i) the ability to upload content to the Site via a mobile device and (ii) the ability to browse the Site from a mobile device (collectively, the “Mobile Site”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Site may be prohibited or restricted by your carrier, and not all aspects of the Site may work with all carriers or devices. By using the Site, you agree that we may communicate with you regarding we by electronic means and that certain information about your usage of the Site may be communicated to us.

There is no fee from TIME’S UP Now to receive text messages. Message and data rates may apply- this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.

Data obtained from you in connection with any SMS service related to the Site may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. The wireless operator does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages. We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.

The service is available on these U.S. operators only: Verizon Wireless, AT&T, T-Mobile®, Sprint, Nextel, Boost, Alltel, U.S. Cellular, ACS Wireless, Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless, Keystone Wireless (Immix/PC Management), MetroPCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Pioneer, Plateu, Revol Wireless, Rina-Custer, Rina-All West, Rina- Cambridge Telecom Coop, Rina- Eagle Valley Comm, Rina-Farmers Mutual Telephone Co, Rina-Nucia Nutria Telephone Co, Rina- Silver Star, Rina- South Central Comm, Rina- Syringa, Rina- UBET, Rina- Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, Virgin Mobile, West Central Wireless (includes Five Star Wireless).

By subscribing to TIME’S UP Now alerts, you consent to receive automated text messages from TIME’S UP Now. Message & data rates may apply.

If you have any questions, text HELP to 306-44 or contact us at hello@timesupnow.org. To stop receiving messages, text STOP to 306-44.

State-Specific Provisions

This Site is controlled and operated by us from offices in the United States of America. We make no representation that any of the content, products or services to which you have been given access are available or appropriate for use in other locations. Moreover, if you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be addressed to our agent for notice and sent via mail or courier to: Times Up Now, 16000 Ventura Blvd, Suite 900, Encino, CA 91436 United States. Regardless of which method is used, you must ensure that where available, a tracking service is used.

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. TIME’S UP NOW INC. may be contacted via e-mail at hello@timesupnow.org.

Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any provisions which by their nature should survive the termination of these Terms shall so survive. These Terms, together with our Privacy Policy, the Return Policy and any Additional Terms constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms, our Privacy Policy, or this Site, please feel free to contact us by e-mail at hello@timesupnow.org.

THESE TERMS WERE LAST UPDATED ON OCTOBER 24, 2019.