Terms of Service - Erin Brockovich

Effective Date: December 15, 2021

These Terms of Service (“Terms of Service”) apply when you access, use or visit the websites located at www.brockovich.com and www.communityhealthbook.com (the “Sites”), and the services, content and other materials made available on the Sites (the Sites and these services, content and materials collectively constituting, the “Service”). The Service is provided to you by Erin Brockovich, Inc. (referred to in these Terms of Service as “the Company,” “we,” “us” and “our”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service.

Please read these terms of service Carefully. BY ACCESSING OR OTHERWISE USING THE Service, YOU AGREE TO THESE TERMS of Service. If at any time you do not accept the terms and conditions set forth in these Terms of Service, you must immediately stop using the Service.

Notice regarding arbitration and dispute resolution: you and the Company AGREE THAT Any future DISPUTES BETWEEN YOU AND the Company WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 10.6. Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 10.6 BELOW.

Updates to these Terms of Service. We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new Terms of Service take effect, you will be bound by the modified Terms of Service.
Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at www.brockovich.com/privacy-policy, to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service does not violate any applicable laws or regulations; and (C) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
Rules Governing User Contributions; Prohibited Activities.
1. User Contributions. You may be able to send feedback and other messages and content to us through the Service, including issues you report to us through the Community Healthbook (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you send through the Service. When you send a Contribution through the Service, you represent and warrant that you:
  - own or have sufficient rights to post your Contributions on or through the Service;
  - will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
  - have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post on or through the Service;
  - will not post Contributions that: (i) are defamatory, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
  - will not post Contributions that contain advertisements or solicit any person to buy or sell products or services;
  - will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; and
  - will comply with all applicable laws, regulations and industry standards when posting Contributions through the Service.
2. Prohibited Activities. In addition to the obligations described in Section 4a, you agree that, in connection with your use of the Service, you will not:
  - use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
  - transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
  - impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
  - post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
  - post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
  - decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
  - circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.
Rights in Contributions
1. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
2. Grant of License for Contributions. By making a Contribution to the Service, you grant us a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution for any purpose), transferable, sublicensable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, distribute and otherwise use and exploit the Contribution.
3. Our Right to Use Your Contributions. Subject to applicable law and your retention of rights pursuant to Section 5a, the Company may use your Contributions and the information and ideas provided as part of your Contributions for any purpose as determined in the Company’s sole discretion. The Company’s use of your Contributions, including the information and ideas provided as part of your Contributions, may include, without limitation, public distribution of your Contributions both through the Service and other publicly available media channels, use of your Contributions for purposes of investigative research, use of your Contributions to contact people, entities, or organizations you identify in your Contributions, and use of your Contributions for commercial purposes. The Company shall not be required to provide, and you shall not be entitled to receive, any compensation or credit in connection with the Company’s use of your Contributions. You should therefore not include any confidential or proprietary information, or any sensitive personal or health information that you do not want to make publicly available, as part of any Contribution. You provide your Contributions to the Service at your sole risk. If you do not want us to use your Contributions for the purposes described in this Section 5c, you should not provide Contributions through the Service.
Our Intellectual Property Rights. We grant you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on the Service. This license is personal to you and may not be assigned or sublicensed to anyone else. Except for your Contributions and the Contributions of other users of the Service, all of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials.
Our Management of the Service; User Misconduct
1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contributions or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block you your use of the Service for violating these Terms of Service.
2. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
Third Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of SErvice DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE through links or other MEANS provided on or through the service, you SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY Policy, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
1. Initial Dispute Resolution. We are available by email at contact@brockovich.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 10.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
  
  The JAMS rules governing the arbitration may be accessed at www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
  
  The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
3. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 10b shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
5. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
6. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 10.2 and 10.3 by sending written notice of your decision to opt-out by emailing us at contact@brockovich.com. The notice must be sent within thirty (30) days of your initial use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
7. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 9b do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 10, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
Warranty Disclaimer; Limitation on Liability
1. Disclaimer of Warranties
  (A) to the extent permitted by applicable law, The SErvice, Materials, ALL CONTRIBUTIONS and ANY OTHER content, MATERIAL OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER Content, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS, materials OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of SErvice. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.
  
  (B) to the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Materials, any Contributions, OR ANY OTHER content, MATERIAL OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (for clarity, on or off the service) (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED on our service, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or itemS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, material or items (including without limitation Contributions and materials) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the Service.
2. Limited Liability. To the extent permitted by applicable law, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT, material or items on the SErvice. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Indemnity. You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service or any content or information available through the Service, or any violation of these Terms of Service, or our Privacy Policy, and/or the terms and conditions that are applicable to your use of Third Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from the Company’s own negligent conduct.
Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to contact@brockovich.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1(916) 445-1254 or +1(800) 952-5210.
Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Assignment. We may assign our rights under these Terms of Service without your approval and with or without notice to you.
No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Contact Information. If you have any questions about these Terms of Service or the Service, please contact us at contact@brockovich.com.