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HowWeFeel

Terms of Use

These Terms of Use ("Terms") govern your access to and use of the HowWeFeel mobile application and any website we might develop (the “App”). You may access and use our App free of charge, but only on the condition and agreement that you are legally bound by these Terms. We are The How We Feel Project, Inc., a nonprofit corporation from California trying to help beat COVID-19 and other infectious diseases by enabling all of us to share data about how we feel more quickly, more widely, on a larger scale with those who are working on cures, tests, vaccination, containment and other healthcare measures. We are located at 949 Bridge Rd. San Leandro, CA 94577, United States.

Permitted Use

If you are 18 years of age, you may use the App to share information about how you feel, your demographics and your location with us to provide important data to scientists, doctors, public health officials, businesses in the healthcare industry and others who are working on cures, testing, containment and other responses to the COVID-19 pandemic and other health threats. With the App, you can help rapidly gather and share data. If you are younger, please ask your parent or guardian to download our App to a separate device and report data about you on your behalf. Data about minors is urgently needed, too, but we cannot accept data directly from persons under 18 at this time.

Limitations on Use

You cannot use the App for diagnostic or treatment purposes or to collect data specifically for your personal healthcare providers. With the App, you can share data generally with scientists, doctors, and public health officials who are working to beat COVID19, but the App does not provide medical advice or care and cannot be used to support individual diagnosis or treatment. The App is not intended or suited to take the place of your relationship with your regular health care practitioners or primary care physician, or to create or support a provider-patient relationship. You should not rely upon any content we provide through the App in any of your healthcare or medical decision-making.

Disclaimers

USE THE APP "AS IS" AND AT YOUR OWN RISK. WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE APP OR ITS FUNCTIONALITY OR SECURITY. WE CANNOT PROMISE THAT THAT APP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE. WE PROVIDE THE APP AND ANY CONTENT AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, REPRESENTATION, TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN CASE OF ANY DEFECT OR DISSATISFACTION REGARDING THE APP, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE TERMINATION OF YOUR USE OF THE APP.

Limitation of Liability

WE LIMIT ANY POTENTIAL LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR INTANGIBLE LOSSES, RESULTING FROM OR RELATED TO THESE TERMS, THE APP OR (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP ; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE APP EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY SHALL ONLY BE QUALIFIED OR INAPPLICABLE IF AND TO THE EXTENT YOU CAN PROVE THAT ITS APPLICATION WOULD VIOLATE MANDATORY LAWS THAT APPLY DESPITE THE FACT THAT WE MAKE THE APP AVAILABLE FREE OF CHARGE, WITHOUT ANY REPRESENTATIONS AND WARRANTIES, AND SUBJECT TO AN EXPRESS CHOICE OF LAW.

Governing Law and Jurisdiction

These Terms and any claim or dispute arising out of or relating to the App or these Terms ("Dispute") will be governed by the laws of the State of California, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all Disputes is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.

Arbitration

For any Dispute you have with us, you agree to first contact us and try to resolve the Dispute with us informally. If we haven’t been able to resolve the dispute with you informally, we each agree to resolve any Dispute binding arbitration or, with respect to Disputes that qualify for U.S. small claims court, in U.S. small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of these Terms.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and we agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT APPLY TO YOU IF AND TO THE EXTENT THAT SUCH RIGHTS CANNOT EFFECTIVELY BE WAIVED OR THAT A WAIVER WOULD VIOLATE MANDATORY APPLICABLE LAW. To the extent any Dispute isn’t arbitrable under applicable laws or otherwise, such Dispute shall be resolved in accordance with all Sections of these Terms other than this Section 6.

Termination

You may stop using the App at any time, at your sole discretion. We may stop offering or immediately terminate or suspend your right to access or use the App at any time, at our sole discretion. After any such termination, these Terms shall continue to apply with respect to any prior use of the App or any related actions or omissions.

General

Notification procedures and changes to these Terms

We may revise these Terms from time to time, at our sole discretion, effective immediately. We may notify you of changes by posting an updated version of the Terms where we posted previous versions. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the App.

Assignment

You may not assign or transfer the App or any rights under these Terms and any purported assignment or transfer shall be void. We reserve the right to transfer, assign or license any rights, and delegate any obligations under these Terms.

Entire Agreement/Severability

These Terms constitute the entire agreement between you and us concerning the App and supersede any additional or prior agreements, if any. If and to the extent any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Effective March 27, 2020

How to Contact Us

The How We Feel Project, Inc., 949 Bridge Rd., San Leandro, CA 94577, info@howwefeel.org

Copyright © 2020 The How We Feel Project, Inc.
All rights reserved.