Never Alone

TERMS AND CONDITIONS

Never Alone Terms and Conditions 

Updated: February 2021 

These Terms and Conditions apply to the Never Alone application (the “App”), which is provided by the Chopra Foundation (the “Foundation” or “we”), and the content and services provided by the App (collectively, the “Services”).  By using the Services, you agree to these Terms and Conditions, our Privacy Policy, which is incorporated into these Terms and Conditions by this reference, and all applicable laws and regulations.  

 

Content 

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to the Foundation and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms and Conditions, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Foundation’s express prior written consent.

 

Your Use of the Services 

The App collects information, on a voluntary basis, on how users are feeling (and areas of struggle) (collectively, “Mood Data”).  Users may also submit user-generated text to augment their selections.  Mood Data and user-generated content on the App and the Services are not monitored by anyone, including the Foundation or any health professional.  Users experiencing distress should call 911 or contact their health care providers. 

In connection with your use of the Services, you understand and agree that the Services are solely informational in nature and shall in no way constitute the provision of health, medical or psychological care or treatment to you and shall not be relied upon by you as health, medical or psychological care or treatment.  The Services cannot and do not guarantee any type of specific health-related result, outcome or change.  The Services shall not take the place of the professional medical advice you receive via your consultation with a physician, nurse, counselor or health professional of any kind.

User Profile

The App can be used without registration. However, some App functionalities do require the user to register and create a user profile. In connection with the use of the App you may voluntarily provide certain personal details, such as name (or alias) (“User Details”) and an image or avatar depicting yourself (“Profile Image”). 

In connection with the use of App certain data—potentially also personal data—including the User Details and Profile Image, will be collected in order to provide the App’s functions to you and to other users.  Please see the Privacy Policy for more information about your personal data. 

You represent and warrant that (a) the User Details (except for an alias) you provide are truthful, (b) the Profile Image you provide depicts only yourself (or an avatar) and no others, and (c) you own the necessary rights to provide the User Details and Profile Image, as well as to grant the rights of use as set forth in the next paragraph, and (d) you are not infringing any privacy right by providing and using the User Details and Profile Image. 

You hereby grant the Foundation the right to (1) use your User Details and Profile Image in connection with the presentation of your User Profile, which you acknowledge is visible to other users, and (2) transfer your User Details and Profile Image to other third parties that are engaged by the Foundation for purposes of providing the App and its functions.  

User Feedback 

Any feedback (other than Mood Data) and suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Suggestions”) are non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms and Conditions.  Suggestions will be the sole and exclusive property of the Foundation and you hereby irrevocably assign to us all of your right, title and interest in and to all such Suggestions.  With respect to all other user submissions, you hereby grant the Foundation an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms and Conditions.  

Restrictions 

In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, the Foundation’s or App’s name, any Foundation trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Foundation’s express written consent;
  • access, tamper with, or use non-public areas of the Services, the Foundation’s computer systems, or the technical delivery systems of the Foundation’s providers;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Foundation or any of the Foundation’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited. 

We reserve the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Copyright Policy 

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at michael@cfotc.com or by mail at Copyright Agent, c/o the Chopra Foundation, 1224 Prospect Ave, #130, La Jolla, CA 92037. 

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Privacy and Data Security 

Please refer to the Never Alone Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  

Links to Other Sites 

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under our control, and we are not responsible for such Linked Sites, including any information or materials contained on such Linked Sites. 

Disclaimer; Limitation of Liability 

THE APP, THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THE FOUNDATION AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. THE FOUNDATION AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE. THE FOUNDATION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE FOUNDATION DISCLAIMS ALL LIABILITY RELATING TO ANY PRE-EXISTING MENTAL-HEALTH ISSUE IRRESPECTIVE OF WHETHER IT IS DIAGNOSED.

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE FOUNDATION OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU, YOUR HEIRS, EXECUTORS, NEXT OF KIN, SUCCESSORS IN INTEREST, GUARDIANS, LEGAL REPRESENTATIVES, ASSIGNS AND ADMINISTRATORS FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.  THIS SHALL INCLUDE ANY CLAIMS BROUGHT BY A THIRD-PARTY OR FAMILY MEMBER RELATING TO YOUR USE OF THE SERVICES.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity 

You agree for yourself, your heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators to indemnify and hold harmless the Foundation and its licensors, affiliates, officers, directors, employees, attorneys and agents from and against any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Foundation or its indemnitees by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.  

Violation of These Terms and Conditions 

You agree that we may, in our sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to the Foundation for which monetary damages would be inadequate, and you consent to the Foundation obtaining any injunctive or equitable relief that the Foundation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Foundation may have at law or in equity.  

Governing Law; Dispute Resolution 

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and Conditions and the use of the Services (collectively, “Disputes”), shall be first submitted to non-binding mediation by Judicate West in San Diego, California for resolution.  Any Dispute not settled by such mediation proceedings within 60 days after a request for mediation by one party to the other will be finally and exclusively settled in the courts located in the County of San Diego, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California.

Any Dispute involving users outside of the United States that is not resolved by mediation as required in the immediately preceding paragraph will be determined by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with its International Arbitration Rules. The seat of the arbitration is Miami, Florida, and proceedings may take place in San Diego, CA. The language of arbitration will be English. The parties shall instruct the arbitrators to issue a reasoned opinion and award the prevailing party all of its attorney’s fees and costs incurred in connection with the arbitration, including any enforcement or collections proceedings. A judgment upon the award rendered by the arbitrators may be entered in any court having proper jurisdiction.

A Dispute cannot be brought as a class or other type of representative action or on behalf of any other individual or group of individuals.  

Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Users Outside of the United States 

The App and Services are controlled and operated from the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous 

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms and Conditions, together with the Never Alone Privacy Policy and any other legal notices published by the Foundation regarding the Services, constitute the entire agreement between you and the Foundation with regard to your use of the Services. The Foundation’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by the Foundation of any provision or any right it has to enforce these Terms and Conditions.  Any such waiver must be in writing in order to be effective.  

Canada 

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users 

Under California Civil Code Section 1789.3, California website users 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 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Changes to these Terms and Conditions

The Foundation reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. 

Questions and Contact Information 

The Chopra Foundation is located at:

1224 Prospect Street, #130

La Jolla, CA 92037

Please contact us if you have any questions about these Terms and Conditions. You may contact us by sending correspondence to the foregoing address or by emailing us at info@neveralone.love.