We, ProvenHERE, LLC ("PH
" or "we
") provide services through a website or app and access to content owned by PH and others ("Services
"). PH is affiliated with HERE Global Foundation ("HGF
") whose mission is to ease human suffering by supporting organizations and treatment technologies that help crisis survivors and other individuals affected by disasters and trauma. While this is a lofty aspiration, we intend to contribute to the efforts of the HGF and others. PH and HGF are working toward sustained deployment of the HERE Field Devices for crisis survivors to end human suffering and assist organizations who bring HERE Field Devices to disaster areas as well as those organizations that aid the underserved and under resourced. PH uses a portion of the revenue from the Services to support HGF and its mission. We encourage additional donations to HGF to support its relief efforts.
"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with PH.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by PH, acceptance is expressly limited to these terms.
The Information contained in, reflected by, and associated with the website or our app or Service are not intended as Medical Advice. Do not delay seeking advice of a qualified healthcare provider because of anything in the Contents or Service. The Contents are for informational purposes only. The Services and Contents are not intended to be a substitute for professional medical/psychological advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical/psychological condition.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services may require a PH account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your PH Account.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify PH of any unauthorized uses of your account, or any other breaches of security. PH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you comment on or post material or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using PH, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to PH, you grant PH and HGF a world-wide, royalty-free, and non-exclusive sublicenseable license to reproduce, modify, adapt and publish the Content for any purpose. This license allows PH and HGF to make publicly-posted content available to third parties selected by PH or HGF so that these third parties can analyze and distribute your content through their services. You also give other users permission to share your Content. If you delete Content, PH will use reasonable efforts to remove it from its website or app, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, PH has the right (though not the obligation) to, in PH's sole discretion, (i) refuse or remove any content that, in PH's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use to any individual or entity for any reason. PH will have no obligation to provide a refund of any amounts previously paid.
PH reserves the right to display advertisements in connection with its Services and with Content.
Payment and Renewal.
Optional paid services may be made available (any such services, an "Upgrade"). By selecting an Upgrade, you agree to pay PH the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify PH before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website's dashboard.
When using PH, you agree not to:
Responsibility of Visitors.
- Publish material or engage in activity that is illegal under applicable law.
- Overburden PH's systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
PH cannot be responsible for that material's content, use or effects. By operating our Services, PH does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PH disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Copyright Infringement and DMCA Policy.
As PH asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PH violates your copyright, you are encouraged to notify PH in accordance with The Digital Millennium Copyright Act ("DMCA"). PH will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PH may terminate a visitor's access to and use of the Service if notice of infringement by the visitor is received. In the case of such termination, PH will have no obligation to provide a refund of any amounts previously paid.
This Agreement does not transfer from PH to you any PH, HGF or other third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with PH. PH, the PH and HGF logos, and all other trademarks, service marks, graphics and logos used in connection with the Service, are trademarks or registered trademarks of PH, HGF or it's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any PH, HGF or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting, or by sending you notice before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
PH may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Our Services are provided "as is." PH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PH nor its affiliates, suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability.
In no event will PH or its affiliates, suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you under this agreement during the twelve (12) month period prior to the cause of action. PH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and PH reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless PH, its affiliates, contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between PH and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PH, or by the posting by PH of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PH may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At PH we have a few fundamental principles:
- We don't ask you for personal information unless we truly need it.
- We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don't store personal information on our servers except to comply with the law or unless required for the on-going operation of our services or to further our mission.
It is our policy to respect your privacy regarding any information we may collect while operating our websites, apps and Services.
Website Visitors and App Users
Like most website and app operators, PH collects non-personally-identifying information of the sort that web browsers, apps and servers typically make available, such as the browser type, language preference, referring site, the date and time of each visitor request, and geographic location. Our purpose in collecting non-personally identifying information is to better understand how visitors use the website, apps and Services. From time to time, PH may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Service.
PH also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments. PH only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left. In addition, PH gathers geographic location information to graph data on a map that may be displayed in the app or on a web site. The display of geographic information does not include personally-identifying information.
Gathering of Personally-Identifying Information
Certain visitors and users of our websites and apps choose to interact in ways that require PH to gather personally-identifying information. The amount and type of information that PH gathers depends on the nature of the interaction. For example, we ask visitors who contribute to our foundation to provide certain information. Those who engage in transactions are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, PH collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction. PH does not disclose personally-identifying information other than as described herein. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities or Services.
PH may collect statistics about the behavior of visitors to its websites. However, PH does not disclose personally-identifying information other than as described herein.
Protection of Certain Personally-Identifying Information
PH discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on PH's behalf or to provide services available at PH's websites, app, and Services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using PH's websites, you consent to the transfer of such information to them. PH will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, PH discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental or judicial request, or when PH believes in good faith that disclosure is reasonably necessary to protect the property or rights of PH, third parties or the public at large. If you are a registered user of a PH Service and have supplied your email address, PH may occasionally send you an email to tell you about new features, our mission, solicit your feedback, or just keep you up to date with what's going on with PH and our activities.
If PH, or substantially all of its assets related to a Service, were acquired, or in the unlikely event of reorganization, liquidation, or bankruptcy, user information may be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer may continue to use your personal information as set forth in this policy.
There are a few categories of content and behavior that we reserve the right to prohibit because we consider them harmful to the community or our mission.
To be transparent, we've put together this set of guidelines. The following activity/material isn't allowed.
- Illegal content and conduct. Self-explanatory.
- Intellectual property infringement. We recognize that copyrighted materials are often used in fair use context. We strongly support this and urge copyright holders to take this into consideration before submitting complaints. If you're not sure, a good rule of thumb is to always ask the rights holder for permission before republishing their content.
- Pornography. We know that there may be different definitions of this, but generally, we define pornography as visual depictions of sexually explicit acts.
- Technologically harmful content. Please don't upload or link to malware, spyware, adware, or other malicious or destructive code.
- Impersonation. Don't claim to be a person or organization you're not.
- Directly threatening material. Do not post direct and realistic threats of violence. That is, you cannot post a genuine call for violence—or death—against an individual person, or groups of persons. This doesn't mean that we'll remove all hyperbole or offensive language.
- Posting private information. Don't share someone's personal information without their consent. This includes collecting sensitive information in Contact Forms such as account passwords and credit card numbers, to name a couple.
- Advertising. Advertising isn't permitted.
Bear in mind that these are just guidelines — interpretations are up to us.
These guidelines are not exhaustive and are subject to change.
If you believe someone has violated our Terms of Service or any of these policies, please report them. We review and investigate all complaints that we receive, but if and how we respond will depend on a variety of factors, such as the information available to us and the type of violation. We may also contact the site owner to inform him/her of the complaint.
If we're not in a position to make a determination (for example, whether something is defamatory or not), we defer to the judgment of a court.
If you believe that material available on our sites infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email.
Please be advised that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing.
As required by the DMCA, we have a policy to terminate users and/or sites that we consider to be repeat infringers. Although we won't share the specifics of our repeat infringer policy (we don't want anyone to game the system, after all), we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination.
You can send your complaint to our designated agent (we prefer email):
[Add contact information for the registered DMCA Agent]
These Terms of Service are based on those made by available Automattic, Inc. (the folks that bring you WordPress.com) under a Creative Commons Sharealike
license, which means you're more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you. We thank Automattic, Inc. who has requested that we include this link to www.wordpress.com
This set of terms is available under the same license.