MEND Terms of Use

Thank you for visiting our website (the “Site”), which is owned and provided by MEND (including its affiliates, “MEND,” “we” or “us”). Your use of and access to the Site and the services offered through the Site is governed by and subject to the following terms and conditions (these “Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy found at mendtn.com, incorporated herein by reference, do not use the Site or any services offered through the Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY, ON BEHALF OF YOURSELF AND EACH MINOR CHILD OF WHOM YOU ARE A PARENT OR LEGAL GUARDIAN, TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN THIRTEEN (13) YEARS OLD, DO NOT USE THIS SITE.

 

Services Provided

MEND is a platform providing educational and therapy materials for many with the goal to reducing violence and changing attitudes towards women and girls.  To further these goals, we provide the following services (the “Services”): MEND Toolkit and related MEND products and services found at MENDTN.com.

Access to certain portions of the Site is restricted to registered users of our Services. As part of our registration process, you must provide us with personal identification information, and a current, valid email address.  We need this information so that we can verify your identity, and make the full scope of member benefits available to you through the Site.  This information will only be used by us as permitted by these Terms and our Privacy Policy.

 

Fees and Applicable Charges

You agree that you are solely responsible for all subscription fees for the Services, pursuant to the schedule of subscriptions and fees set forth on the Site. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing and using the Site and Services.  We reserve the right to modify our pricing and subscription structure at any time.

 

Registration and Security

When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third-party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

 

Information Provided by You and Privacy

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, and payment information. Changes can be made in your user profile. You are solely responsible for the accuracy and completeness of your information. By creating an account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Your profile will be established and maintained for you as a registered user of the Services to enter, store, and access your information online. All of the information contained in your profile will be maintained in accordance with these Terms and our Privacy Policy. You agree to provide accurate and complete information for your profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

 

Limitations on Use

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

(a) upload, post, email or otherwise transmit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

(b) upload, post, email or otherwise transmit any content that infringes the intellectual property rights or violates the privacy rights of any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(c) use the Services to collect or store personal data about other users without their express permission;

(d) knowingly include or use any false or inaccurate information in any profile;

(e) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;

(f) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content;

(g) attempt to probe, scan or test the vulnerability of any MEND system or network or breach or impair or circumvent any security or authentication measures protecting the Services;

(h) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;

(i) use the Services in any way that competes with us; or

(j) encourage or instruct any other person or entity to do any of the foregoing.

 

Termination, Modification and Survival

We are continually evolving and innovating the Services and the Site. We may change the Services and/or the Site, the content we offer, and the products or services you may access at any time. We may discontinue offering the Services and/or the Site and we may suspend or terminate your right to use the Services at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you.  After such termination, we will have no further obligation to you or to provide the Services, except to the extent we have agreed in writing to provide you access, as applicable.

Upon termination of your right to use the Services or the Site or our termination of the Services or the Site, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.

 

Intellectual Property

The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, or our Content by your use of the Services or the Site. When you use our Services or the Site, you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by us, the Services are only permitted to be used within the United States of America.

 

Third-Party Links and Resources

We may make available on the Site, and as part of the Services, links to third-party websites or resources from third parties on the Site. We are not responsible or liable for the availability or accuracy of the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third-party with respect to the content, products, or services they provide. We are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

 

Disclaimer of Representations and Warranties

Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Indemnification

You will indemnify, defend, and hold harmless us, our licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) your access to or use of the Services, the Site, or the Content;

(b) your violation of any of the provisions of these Terms;

(c) any activity related to your account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or

(d) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Limitation of Liability

IN NO EVENT WILL WE OR ANY APPLICABLE LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, THE CONTENT, THESE TERMS, OR ANY PRESCRIPTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Waiver of Jury Trial and Class Action

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

 

Errors and Inaccuracies

The information on the Site and the Content, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. We reserve the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

 

Entire Agreement

These Terms constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control.

 

Third-Party Beneficiaries

Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.

 

Waiver

The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.

 

Governing Law, Jurisdiction and Venue

THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN DAVIDSON COUNTY, TENNESSEE. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

 

Miscellaneous

These Terms are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America.  You shall not export the information about the site without consent of MEND and compliance with such laws, regulations, orders or other restrictions.  You agree that these Terms will not be construed against MEND by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

 

Modification of Terms

We reserve the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services, the Site or the content will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

 

Contact Us

We encourage you to contact us at mend@ywcanashville.com if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is: 1608 Woodmont Ave., Nashville, TN 37215.

 

Last Revised: February 9, 2016

 

 

PRIVACY POLICY

MEND (“us,” “we,” or “our”) operates this website and the MEND mobile application (the “App”), collectively referenced herein as the “Site,”  and your privacy is important to us.  This Privacy Policy is applicable to you upon your access and use of the Site, and informs you of our policies regarding the collection, use, protection, and disclosure of information we receive from users of the Site.

Please read the Privacy Policy carefully before you start to use the Site. By accessing and/or using the Site, you accept and agree to be bound and abide by this Privacy Policy and the Terms of Use, found at mendtn.com, incorporated herein by reference. If you do not agree to the Terms of Use or the Privacy Policy, please do not access or use the Site.  We may modify this Privacy Policy from time to time, and if we make material changes to it, we will notify you through the Site, the App or by other means so that you may review the changes before you continue to use the Site and the App. Continuing to use the Site or the App after we publish or communicate a notice about any changes to this Privacy Policy means that you are consenting to the changes.

 

How we collect Personal Information

We employ commercially reasonable measures to protect your privacy while visiting our Site, endeavoring to provide the most useful and enjoyable experience possible.  This Policy applies to information we collect on this Site, in e-mail, text, electronic messages between you and this Site, and through mobile and desktop applications you download from the Site.

We collect several types of information from and about users of our Site.  While you can use many features of the Site(s) anonymously, you are required to provide Personal Information to gain access to some of our content or services.  Personal Information may include, but is not limited to, your name, age, occupation, email address, mailing address, and phone number.  For example, we may ask you to provide us with Personal Information that can be used to contact or identify you, including information that you provide by filling in forms on our Site. This includes information provided at the time of registering to subscribe to the Site or using the service.

We will sometimes aggregate your Personal Information with that of many other of our users in order to better understand our customers and their needs.  We may supply such information to third parties to help us with our analysis or for them to use in their business. We will not sell or provide your name, email address, physical address, or telephone number to anyone for any purpose.

 

Automatic information

We may also collect automatic information such as browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information does not identify you, but is statistical data used for analytical purposes and helps us provide more relevant services to users. As another example, we may use this information to administer and troubleshoot issues directly related to the Site, such as Site administration or to analyze certain trends in Site usage. The technology we use to obtain this information includes cookies, which is a small file a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.  We will use cookies primarily to speed your access to our Site.

 

How we Use your Personal Information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Site and its contents to you.
  • To provide transactional information.
  • To provide you with higher quality service by understanding where you live and the information in which you are interested.
  • To provide you with information or services that you request from us.
  • To fulfill any other purpose for which you provide it.

 

How we Protect your Personal Information

We have taken commercially reasonable precautions to protect the data and information under our control from misuse, loss, or alteration. However, since the internet is a public and open facility, “perfect security” does not exist on the internet.  Our security measures include industry standard technology and equipment to help protect your data. Unfortunately, no system can ensure perfect security and you should take steps to protect your information and transmissions, such as keeping your login and password secure and making sure that you completely log out when you have finished using the Site.

We retain the Personal Information you provide while your account is in existence or as needed to provide you services. We may retain your Personal Information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, prevent fraud and abuse, or enforce this Privacy Policy. We may retain Personal Information, for a limited period of time, if requested by law enforcement.

 

Opting out

If at any time after registering for information, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to mend@ywcanashville.com.

Many browsers and mobile operating systems enable you to indicate your preference regarding online tracking. You can set your browser or mobile operating system to a “do not track” or similar setting and, when your browser or mobile operating system passes your request to us, we will not serve you targeted advertising (which we do not currently do anyway), although we may continue to collect data about your use of the Site and App.

 

Links to Third Party Sites

Our Site may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services.

 

Children Under the Age of 13

We do not sell products or services for purchase by anyone under the age of 18. In accordance with the Children’s Online Privacy Protection Act, we will never knowingly request or solicit personally identifiable information from anyone under the age of 13, without verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.

 

Compliance with Legal Process

Please be aware that we will release specific Personal Information about you if required to do so in order to comply with applicable law or any valid legal process such as a search warrant, subpoena, statute or court order. We may also choose to establish or exercise our legal rights or defend against legal claims.

 

Users in California

We don’t share any of your Personal Information with third parties for direct marketing.

California Civil Code Section 1798.83 permits users of the Site who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

 

Policy Updates

We may choose to change this Privacy Policy at any time in our sole discretion. Any updates to our Privacy Policy will be posted on this page, so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Continued use of the Site following our posting of the change notice will constitute binding acceptance of those changes.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us at mend@ywcanashville.com or mail us at:

 

MEND
1608 Woodmont Blvd.
Nashville, TN 37215