TERMS OF USE
These Terms of Use, together with The REACH Fund of Connecticut, Inc.’s (“the REACH Fund”) Privacy Policy (located at https://www.reachfundct.org/privacy), which is hereby incorporated by reference in its entirety, set forth the terms and conditions (“Terms”) that apply to your access and use of the REACH Fund’s website, located at https://www.reachfundct.org/ (together, the “Site”). The “REACH Fund” includes the REACH Fund and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The REACH Fund services may include, but are not limited to, providing financial assistance for abortion care in the State of Connecticut and providing out of state assistance to residents of Connecticut for lawful abortion care (the “Services”). As part of the Services, the REACH Fund accepts donations to fund its Services. You acknowledge and agree that the REACH Fund retains control over all donated funds and can use the funds for specific Services or to fund its general operations, as determined by the REACH Fund in its sole discretion. The REACH Fund reserves the right to introduce new services or to update or withdraw any of the Services provided, in its sole discretion.
Please read these Terms carefully. By using or accessing the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as updated from time to time in accordance with Section 8 below. Because the REACH Fund provides a wide range of Services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. If you do not agree to these Terms, you are not permitted to access or use the Site.
If you accept or agree to the Terms on behalf of a company or other legal entity, you warrant and represent that you are an authorized representative of such company or legal entity with the power to contractually bind it to this Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. Account Security. To use the Site, you must (i) have not previously been suspended or removed from the Services; and (ii) register for (if applicable) and use the Site in compliance with any and all applicable laws and regulations.
A. Prohibited Conduct. You agree not to:
i. Use the Site for any illegal purpose, or in violation of any local, state, national or international law;
ii. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
iii. Interfere in any way with security related features of the Site;
iv. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
v. Access, monitor or copy any content or information of the Site using any report, spider, scraper, or other automated means or any manual process for any purpose without the REACH Fund’s express written permission;
vi. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
vii. Sell or otherwise transfer the access granted herein.
2. Reliance on Information Posted. The information and resources presented throughout the Site are made available solely for general informational purposes only and are not to be relied upon as a professional medical opinion whatsoever. While the REACH Fund provides such resources as a convenience, the REACH Fund does not warrant the accuracy, completeness, reliability, currentness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The REACH Fund disclaims all liability and responsibility directly or indirectly arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
3. Third Party Content. The Site contains links to third-party websites, services, and other resources. The REACH Fund provides such links as a convenience and for informational purposes only, and inclusion in our Site does not constitute an endorsement or an approval by the REACH Fund. You acknowledge and agree that the REACH Fund has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites, services, or other resources, and is not responsible for the legality, accuracy, or appropriateness of any such content. The REACH Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of, the Site or any such third-party websites, services, or resources. The resources provided on or linked to the Site are not intended to be a substitute for professional medical 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 condition.
4. Donations. If you wish to make a donation through the Site, you acknowledge and agree that we may use a third-party payment vendor (“Third-Party Payment Processor”) to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment method that you provide to such Third-Party Payment Processor, and that all information you provide is accurate. If payment is not received from your credit card issuer or any other payment facility, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. You acknowledge and agree that any information that you submit in connection with such donation will be submitted to such Third-Party Payment Processor and will be subject to the privacy policy and terms of use of such Third-Party Payment Processor.
IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR MAKING RECURRING DONATIONS (EXAMPLE, MONTHLY DONATIONS), THE APPLICABLE PAYMENT METHOD THAT YOU PROVIDE WILL AUTOMATICALLY BE CHARGED FOR THE RECURRING DONATION. YOU MAY CANCEL YOUR RECURRING DONATIONS AT ANY TIME BY CONTACTING US AT info@reachfundct.org AND THE CANCELLATION WILL TAKE EFFECT AT THE END OF THE CURRENT MONTH.
5. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to the REACH Fund through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to the REACH Fund, except third-party trademarks or service marks, which are the property of their respective owners.
6. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless the REACH Fund from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The REACH Fund reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, the REACH Fund, in its sole discretion, may suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
8. Modification of the Terms. The REACH Fund reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our Site or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
9. Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the REACH Fund seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. The REACH Fund specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. The REACH Fund does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
10. Limitation of Liability. In no event will the REACH Fund be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the REACH Fund has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
11. Governing Law. These Terms are governed by the laws of the State of Connecticut, without regard to conflict of law principles. Subject to Section 12, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the REACH Fund agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Fairfield County, Connecticut, for the purpose of litigating all such disputes.
12. Binding Arbitration. In the event of a dispute arising under or relating to these Terms (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 13 below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
13. Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Modification of the Site. The REACH Fund reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that The REACH Fund will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
15. General.
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and the REACH Fund regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
16. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: November 27, 2023