Code of Conduct,
Last updated: March 26, 2020
Who are we?
Corona Community is a collaborative COVID-19 request management platform that improves coordination, reduces duplication of efforts, improves efficiency and improves volunteers' experience. Corona Community is a service powered by long-time, leading disaster response coordinator, Crisis Cleanup.
What do we do?
Corona Community seeks to connect those affected by the COVID-19 pandemic, who live in the United States and wish to request assistance, with volunteer organizations who wish to provide that assistance. Corona Community provides a communications platform for both those requesting and those rendering assistance to seek to reduce duplication of efforts and increase the chance that the right people and organizations connect quickly and efficiently.
The following terms and conditions (which we refer to as these "Terms") are a legal agreement between you and by Crisis Cleanup LLC, a Colorado Limited Liability Corporation ("we," "us" or "our"), and govern your access to, and use of, the Corona Community website (the "Website"), and your use of any of the services offered by us, such as submitting requests for assistance via the Website (collectively with the Website, the "Service").
These Terms include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
These Terms limit the remedies that may be available to you in the event of a dispute.
We may amend these Terms from time to time. The current version of the Terms will be available on the Website. All amendments to the Terms are effective as of the date on which the amended Terms are posted to the Website. Continued use of the Service after any changes or updates serves as your consent to those amendments. IF YOU DO NOT AGREE TO THESE TERMS OR ANY CHANGES, DO NOT ACCESS OR OTHERWISE CONTINUE TO USE THE SERVICE.
1. Basic Understanding and Code of Conduct
Corona Community provides you a way to submit requests for help. We ask you to abide by some simple, common-sense rules when using the Service or interacting with Volunteers. We call this our Code of Conduct, and by using the Service you agree to abide by the Code of Conduct at all times in connection with the Service.
You will use the Service only for your personal use, not for any business purpose. You may submit requests on behalf of your family or those you know well, but only if they have given their permission for you to do so.
You agree to use the Service to provide basic contact information of those requesting help, and information about the general type of assistance needed relative to the COVID-19 pandemic, and you will never submit to the Service information that includes social security numbers or other government identifiers, medical information of any kind, bank account numbers, credit card information, case management information, online account passwords or access codes, sensitive personal information, or personal information about minors.
You understand and agree that the Service is NOT intended for emergency response or healthcare purposes, and is not guaranteed to be available at all times.
You understand and agree that we are not responsible for assistance offered or rendered by Volunteers. We simply week to provide a way for Volunteers who register with us to connect with you. Any help Volunteers provide is their own service, and they are solely responsible for it. Volunteers do not represent us and have no permission or authority to make promises for us or to modify or waive these Terms.
You will not upload malicious files, viruses, or code, use the Service to engage in unlawful, misleading, malicious or discriminatory behavior, or impair the normal functioning of the Service in any way.
If you provide your cell phone number, you will accept text messages from the Corona Community system and other workers or Volunteers.
You will abide by these Terms, and will immediately report to Corona Community any breach of these Terms by others. If you have a question about whether an interaction may violate the Code of Conduct or any terms we have with you or any others, you can email us at email@example.com.
2. Service Access
You have a limited, revocable, nonexclusive, right to use and access the Service solely on the terms set forth in this Agreement for your personal use in connection with submitting requests for assistance via the Service. The Service is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Service. You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of us or any third party. Any unauthorized use of the Service will terminate the permission granted by us to you under these Terms.
3. Ownership and Restrictions
We and our licensors retain all ownership and intellectual property rights in the Service including the technology, and all related products and services.
4. Termination; Suspension
Our goal is to make the Service widely available to those wishing to submit requests for help and to Volunteers. However, we may at any time in our discretion terminate or suspend your access to or use of the Service, including without limitation, if you violate any provision of this Agreement or the Code of Conduct. During such suspension or following such termination you will have no further right to use or access the Service. Unless otherwise provided by applicable law, we have no obligation to provide you with access to your Submitted Information.
Provisions of this Agreement that are intended to survive termination are those relating to disclaimer of warranty, limitation of liability, agreement to arbitrate, ownership and those that by their terms are expressly stated as applying after termination of our relationship or your access to the Service.
5. Volunteers; Other Sites and Services
Other sites, services or content derived from third party sources outside the Service may be made available to you through, within or in conjunction with the Service (the "Third Party Materials"). We have no control over such Third Party Materials, and therefore we make no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of Third Party Materials. Third Party Materials may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and you acknowledge that we are not responsible for and under no obligation to control, monitor or correct Third Party Materials; however, we reserve the right to take remedial action if any such content violates applicable restrictions under our terms or contracts with the third party, including the removal of, or disablement of access to, such Third Party Materials. If provided, we provide Third Party Materials to you only as a convenience, and the inclusion of any Third Party Materials on or by link found in the Service does not imply our affiliation, endorsement, or adoption of the Third Party Materials or any information therein. When you leave the Service (for example, by clicking a hyperlink to a site other than the Website), our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites or services.
6. Your Submitted Information; Privacy
You are legally responsible for all data, content or other information uploaded, posted or submitted by you or otherwise through your use of the Service, regardless of whether it is information about you or another person (your "Submitted Information"). You are responsible for any Submitted Information that may be lost or unrecoverable through your use of the Service. You must provide all required and appropriate warnings, information and disclosure, and you must get permission of any other person whose information you submit. We reserve the right, in our sole discretion, without notice at any time, to (a) review the Submitted Information; (b) edit, remove or refuse to process any Submitted Information, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Submitted Information that we deem necessary or appropriate in our sole discretion, including if we believe that such Submitted Information violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for us; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (e) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and (g) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, your violation of these Terms.
7. NO WARRANTIES
THE SERVICE AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE ARE PROVIDED "AS AVAILABLE" AND "AS IS", AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THE SERVICE IS FREE OF ERRORS; (ii) THE SERVICE (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF SUBMITTED INFORMATION OR TRANSMITTING SUBMITTED INFORMATION TO THIRD PARTIES OR VOLUNTEERS) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Indemnity and Limited Liability
You acknowledge that any and all of the indemnified Covered Parties in the foregoing paragraph are not doctors or other licensed healthcare professionals or, if they are, are not acting in the capacity of a doctor or healthcare professional, and you hereby claim responsibility for any and all communication and information delivered through, published on, or generated by the Service. You acknowledge that no communication from us constitutes medical or legal advice.
IN NO EVENT WILL WE OR ANY OF THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ILLNESS, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY INFORMATION CONTAINED THEREON, (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR SUBMITTED INFORMATION, (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY VOLUNTEER (D) YOUR OR ANY OTHER'S RELIANCE ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF ANY OTHER COVERED PARTY TO YOU EXCEED, IN THE AGGREGATE, $100.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Service and is a fundamental element of the basis of the agreement between you and us. We would not be able to provide the Service on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers as well.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
9. Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, use of any product or service provided by us, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 9 (this "Arbitration Agreement"). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Crisis Cleanup, LLC, 350 Terry St Suite 200, Longmont, CO 80501. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If you and we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules (the "JAMS Rules") governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PERSON OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PERSON OR USER.
YOU AGREE NOT TO INITIATE, AGREE, BE PART OF OR IN ANY WAY PARTICIPATE IN ANY CLASS ACTIONS AGAINST US, TO THE FULL EXTENT PERMISSIBLE BY LAW. IF YOU ARE MADE A PART OF A CLASS ACTION YOU AGREE TO IMMEDIATELY OPT OUT AND/OR WITHDRAW FROM BEING PART OF THE CLASS ACTION.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for such purpose.
10. Miscellaneous Provisions
Governing Law and Arbitration: This Agreement and all disputes arising out of or relating hereto will be governed by the laws of the State of Colorado without reference to any conflict or choice of law principles.
Notice: You agree that we may provide notices to you and the email address you submitted to the Service at any time.
Severability: If and to the extent that any court of competent jurisdiction determines that it is impossible to construe any provision of this Agreement consistently with any law or public policy and consequently holds that provision to be invalid, such holding shall in no way affect the validity of the other provisions of this Agreement, which shall remain in full force and effect.