Terms of Use

Effective November 15, 2010

The website whatmattersnow.org ("What Matters Now," or the "Service") is operated by The Samvara Project, a 501(c)(3) corporation ("The Samvara Project," "we," "us," or "our") as a free online service which enables families and caretakers of patients (the "User" or the "Users") to easily create personalized, private websites for their loved one and share them with extended family and friends.

1. User Agreement

The Service is provided to you subject to the following terms of use (these "Terms of Use," or this "Agreement"). Review the Terms of Use before using the Service. By using the Service you agree to use the Service in accordance and compliance with these Terms of Use. Each time that you use the Service you re-consent to the Terms of Use. If you do not agree to all of the terms contained in the Terms of Use, do not use the Service.

2. Changes to the Terms of Use

The Samvara Project reserves the right to change the Terms of Use at any time. Any changes will be posted on this page, with the date of such change reflected as the effective date. The Samvara Project encourages you to check this page regularly. Your continued use of the Service following any changes to the Terms of Use will constitute your acceptance of such changes.

3. Links to Other Websites

The Service may contain links to third party websites, including those whose trademarks, names or logos may appear on the Service. The Samvara Project is not responsible or liable for and does not endorse the privacy practices or the services, content, advertising or other features of the websites to which it or any User links. Your use of any third party website is subject to the privacy policy, terms of use, and other agreements of those websites, and not of What Matters Now.

4. Support of the Service

Users may make charitable donations to The Samvara Project to support What Matters Now, and ensure that caregivers, families and friends of patients can continue to use the Service at no charge. Users will be notified of the opportunity to donate on the Service as well as in email communications, which Users may opt out of.

5. Users of the Service

There are several types of users of the Service. Anyone who visits and views content on the Service is a "User," and agrees to be bound by the Terms of Use. Any User who creates an account on the Service is an "Account Holder." An Account Holder who creates a "Personal Website" on the Service for an individual is a "Organizer." Any Account Holder, who views a Personal Website, whether or not he/she posts information, materials or content to a Personal Website, is a "Guest;" a Guest may be promoted to the role of Organizer by another Organizer.

6. Intended Use

The Service is intended for use in the United States of America by individuals over the age of 13. We make no representation that the Service or "Content" (meaning collectively, "User Submissions" as defined in Section 7, and "Service Content," as defined in Section 9(c)) are appropriate or available for use in locations outside the United States. Those who choose to access the Service from other locations do so at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

7. Personal Information and Privacy Policy

In the course of your use of the Service, you may provide certain personal information to What Matters Now and The Samvara Project ("Personal Information"). Our use of any Personal Information is governed by the privacy policy (the "Privacy Policy"). You may upload information about yourself or others such as remarks, pictures, photographs, images, illustrations, text, audio and video clips, links, or other information for a Personal Website or on a User forum ("User Submission(s)").

What Matters Now's Privacy Policy describes to Users how their Personal Information is gathered, held, and disseminated, and guides The Samvara Project's online conduct in the collection and use of all Personal Information. The Privacy Policy is an integral part of the Terms of Use and when you agree to be bound by the Terms of Use you also agree and consent to the Privacy Policy in its entirety, including how your Personal Information is gathered, utilized and disclosed. Users must review the Privacy Policy before using the Service.

8. User Conduct

8(a) Personal License

We hereby grant you a limited personal, non-exclusive, non-transferable, non-sublicensable, revocable license ("Personal License") to access and use the Service, including any Personal Website which you have been invited to use or of which you are the Organizer, and to download and print copies of any User Submissions to which you have properly gained access, for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such User Submissions. This Personal License is revocable at any time without notice and with or without cause.

8(b) Minors

The Samvara Project encourages family and friends of all ages to be part of an individual's What Matters Now community. However, care must be taken to protect children of all ages, especially those under the age of 13. Consequently, children under the age of 18 are not permitted to create or maintain their own Personal Websites - a parent or guardian must register and take responsibility for any Personal Website created for a person under 18 years of age. We also do not permit children under the age of 13 to register as Account Holders. Instead, their parent or guardian must register as an Account Holder, and must supervise their child's activities as necessary. If you believe that a child has posted User Submissions on our Service without the consent and supervision of a parent or guardian, please contact us at webmaster@whatmattersnow.org so that we can take appropriate action.

8(c) User Account Information and Passwords

When you register an account with the Service, you will provide certain Personal Information and create a unique password. You agree that you will provide accurate information when creating an account or Personal Website on the Service and that you will keep your account information up-to-date. After you have registered an account, you can change the password at any time on the "My Account" page. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Service as a result of your acts or omissions, you agree that The Samvara Project shall not be liable for the consequences of any such unauthorized use. If you believe that there has been unauthorized use of your account, you must notify us immediately at webmaster@whatmattersnow.org. Additionally, we recommend that you immediately change your password. If you become aware of any suspicious activity relating to your What Matters Now account, or need additional assistance you may contact us at customerservice@whatmattersnow.org.

8(d) User Submissions and Service Access

You are solely responsible for your use of the Service and User Submissions consistent with these Terms of Use. As a User, Account Holder, or Organizer, you shall not:

Republish, upload, post, transmit, distribute any Content found on the Service, to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, or Service Content for any purpose other than your own personal, noncommercial use, in violation of our copyright and other proprietary rights.
Infringe or violate the copyright, trademark, trade secret, patent, rights in know-how, privacy, publicity, confidentiality, contract or other right of any other third party, individual or legal entity or use or distribute third-party information (whether or not protected as a trade secret) in violation of any persons rights to confidentiality.
"Frame" or "mirror" any part of the Service without our prior written authorization.
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
Post, upload or submit defamatory, abusive, threatening, vulgar, lewd, profane, obscene, sexually explicit, pornographic, harmful, tortuous, libelous, hateful, racist, ethnically or otherwise objectionable or offensive, violent, inappropriate or inflammatory content.
Electronically stalk or otherwise harass another User.
Engage in any activities that:

-  Would violate the personal privacy rights of others, including but not limited to harvesting, collecting, distributing, disclosing and/or
   storing information, email addresses, contact information and/or personal data about any person without their express consent, except
   as permitted by applicable law;

-  Exploit children under 18 years of age;

-  Contain the image, name, or likeness of any person under the age of 18, without first obtaining express permission from the parent or
   guardian of such person;

Post, upload or submit information that could be used for identity theft purposes, such as social security numbers, credit card information, bank account or other financial information, driver's license numbers, security codes or passwords.
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information; or otherwise manipulate identifiers to disguise the origin of any Personal Information transmitted to or through the Service.
Post, upload, solicit or promote any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any type of unsolicited mass e-mails or other communications.
Post, upload or submit information that you know, or reasonably should know, is deceptive, untrue or misleading, including any express or implied statement that any such statement is endorsed by us.
Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges.
Interfere with, disable, disrupt, impair, harm, or create undue burden in any way the Service or servers or networks connected to the Service or their administration, including, without limitation, by means of "hacking" or defacing any portion of the Service, or uploading a virus, worm, destructive files, code, components or programs.
Access, or attempt to access, areas or features of the Service which you are not authorized to access.
Use or encourage use of the Service, to engage in or promote any unlawful or illegal purpose, in violation of any of the rules herein or in a manner that violates any national, state, local or international law, rule or regulation.
Link one Personal Website to another without consent of the Organizer of that Personal Website.
Use the Service in a manner that we determine, in our sole discretion, restricts or inhibits any other User from using or enjoying the Service.
Include web links to data which violates any restrictions outlined herein or which you do not have the right to link to, whether directly or indirectly.

If you believe that any material on the Service, whether posted by us or by third parties, violates the copyright or other rights of third parties or the Terms of Use please contact us with complete details at webmaster@whatmattersnow.org so we can make an informed decision about possible deletion.

8(e) Organizer Terms

You must be at least 18 years old to create and maintain a Personal Website. If you are under 18, your parent or legal guardian may create and maintain a Personal Website for you.

8(f) Personal Website Preservation

If you wish to preserve any Content for your personal use or archive, you are strongly advised to print hard copies of the relevant pages (e.g. Reflections, Guestbook, etc.) from time to time as a back-up copy in case of any accidental destruction of any or all of the Service.

8(g) Removal of Personal Website

Unless one of the other provisions of the Terms of Use applies: What Matters Now and The Samvara Project will host Personal Websites at no charge to you for at least one (1) year from the date you create your Personal Website. At the end of one (1) year, we may review your Personal Website for activity. If your Personal Website is still active, we may contact you and, if you wish, continue to maintain your Personal Website at no charge to you. If your Personal Website has been inactive for at least six (6) months as of the end of the first year, we may delete it. After the first year, we will periodically review your Personal Website for activity and may delete inactive Personal Websites after a six (6) month period of inactivity. You may deactivate your Personal Website at any time. Notwithstanding the foregoing, you agree that without prior notice and at its sole discretion, The Samvara Project may immediately terminate your Personal Website and/or delete any User Submissions you have made. Typical reasons for such action may include, but are not limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. You agree that all such terminations will be made in The Samvara Project's sole discretion and that The Samvara Project will in no way be liable to you or any third-party for deletion of your Personal Website or User Submissions.

8(h) License of User Submissions

All User Submissions shall remain your property. However, when you post User Submissions, you grant The Samvara Project a license to utilize, reproduce, perform and present in public or publicly, distribute, and create works derived from or inspired by your User Submissions, in any form, level of completeness, format, or medium as per the Terms of Use (the "Service License"). This Service License is non-exclusive, fully transferable, assignable, and sub-licensable, worldwide, does not generate royalties, and is deemed fully-paid.

You also hereby grant each other User a non-exclusive license to access, view, use, and reproduce for their own personal use, your User Submissions, as permitted through the functionality of the Service and under these Terms of Use (a "User License"). Such User License and Service Licenses will terminate automatically, for future use of User Submissions, within a commercially reasonable period after you remove or ask us to remove your User Submissions from the Service. However, this termination will not apply to the following: (a) licensed use of User Submissions prior to removal, or (b) licensed transmission of User Submissions made to other websites, persons, or media, prior to receipt of the license termination. Termination of these User and Service Licenses does not terminate our right to preserve, access and disclose your User Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Samvara Project, its Users and/or the public.

8(i) Representations, Warranties and Compliance of User Submissions

You are legally responsible for your User Submissions. When you post a User Submission on a Personal Website, you represent and warrant that you have all necessary permissions to post the User Submission, and that it is not in violation of the Terms of Use or applicable laws.

If any part of your User Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your User Submission. UNDER NO CIRCUMSTANCES SHALL THE SAMVARA PROJECT BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH A PERSONAL WEBSITE BY YOU OR ANY OTHER USER.

8(j) Ownership of Submitted Ideas

ANY IDEAS YOU CHOOSE TO SUBMIT TO WHAT MATTERS NOW MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT ANY COMPENSATION, CREDIT OR OBLIGATION OF CONFIDENTIALITY TO YOU. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US.

By submitting Ideas to What Matters Now, you grant to The Samvara Project and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, transform, adapt, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), or prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without attribution, and without notification to you or any third party. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.

As used in these Terms of Use, the term "Ideas" refers to any feedback, suggestions, inventions, concepts, techniques, or ideas you submit to What Matters Now. The term "Ideas" does not include any User Submission you post on a Personal Website.

9. Service Operation By The Samvara Project

9(a) Rights to Service

Everything comprising the Service, including software infrastructure, trademarks, servicemarks, logos, Service Content, and User Submissions, whether registered or not, is owned or licensed by The Samvara Project, subject to applicable copyright and trademark law. The Samvara Project and its licensors own and reserve the copyrights to all marks and information created by or for The Samvara Project and its licensors. Under no circumstances is any right, title or interest in or to our Service, Service Content, User Submissions, any Personal Website or any other Users' User Submission transferred to you under these Terms of Use. If you are interested in reprinting, republishing or distributing Service Content from What Matters Now, please contact us at webmaster@whatmattersnow.org.

9(b) Service Integrity

Users who access the Service must understand that the Internet is inherently insecure and no Website operator can guarantee that a Website is secure. The Samvara Project does not warrant that our Service or any Personal Website is secure or "hackerproof." You use our Service solely at your own risk. Additionally, it is possible that unauthorized alterations could be made to Content by third parties.

9(c) Service Content

It is possible that information placed on the Service by The Samvara Project ("Service Content") could include inaccuracies, errors, or materials that are not consistent with these Terms of Use. In the event that such a situation arises, please contact us at webmaster@whatmattersnow.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our Service, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

9(d) Content of User Submissions

User Submissions are available for informational purposes only, and are provided to you as is. There may be omissions, inaccuracies, or delays, as well as offensive or objectionable information in the User Submissions. Viewing of and reliance on any User Submissions provided on this Service, whether by us or other Users, is solely at your own risk. Any User Submissions posted on the Service only reflect that User's opinions and do not necessarily reflect the opinions of What Matters Now or The Samvara Project, regardless of that User's relationship or affiliation with What Matters Now or The Samvara Project.

9(e) Monitoring of User Submissions

You agree that What Matters Now and The Samvara Project have the right, but not the obligation to monitor, edit, disclose, refuse to post, move or remove at any time, in whole or in part, for any reason in its sole discretion, any User Submissions anywhere on the Service, including but not limited to Personal Websites, bulletin boards, email and other forums.

9(f) Removal of User Submissions

Should you want to have part or all of any of your User Submissions removed from the Service for any reason or no reason at all, you may contact us at webmaster@whatmattersnow.org, and we will remove the requested User Submissions as soon as we are reasonably able to do so. If you object to a User Submission made by another User, you may request removal of such User Submission by emailing us at webmaster@whatmattersnow.org. You must provide us with a description of the User Submissions you want removed that is detailed enough that we will be able to locate, review, and remove the specific content. Please note that we will make our best efforts to remove your User Submissions as requested, or to address your request to remove another User's User Submissions. However, we are under no obligation to remove any User Submission from our Service, and some information (such as information referenced in comments and links) may no longer be removable. We will review any removal requests and take appropriate action, in our sole discretion and in accordance with this Agreement and applicable law.

9(g) Lend a Hand Function

Oranizers may have the ability to post information on Personal Websites which announce how other Users can lend a hand financially to a patient, caretaker or other related party through the "Lend a Hand" function. There is risk that certain of these requests may be deceptive and/or fraudulent in nature thereby intending to deceive Users. We cannot review all information represented in User Postings or on Personal Websites to determine their validity or legality. Users respond to any requests on a Personal Website at their own risk, and should only make contributions, including financial contributions, which they know with absolute certainty are made to known parties and which will be used as represented. Users should also note that such contributions are made directly to the requesting party, and not to or through What Matters Now or the Samvara Project; consequently, such contributions may not be tax-deductible.

9(h) Modifications to the Service

The Samvara Project reserves the right, for any reason, in its sole discretion, at any time and from time to time, to terminate, suspend, temporarily or permanently, or modify any aspect of the Service, with or without notice, including User Submissions, features, look and feel, and functional elements and services, or hours of availability. We may impose limits on certain features of the Service or restrict your access to part or the entire Service without notice or penalty. Should The Samvara Project change, suspend or terminate the Service, it shall not have any liability to anyone whatsoever. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

9(i) International

Software and other materials from this Service may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. We do not authorize the downloading or exportation of any software or technical data from this Service to any jurisdiction prohibited by the United States Export Control laws. The Samvara Project makes no representations that the content and materials on the Service are appropriate, available or legal in any location outside of the United States. Those who choose to access the Service from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Service infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our Service should be sent to:

webmaster@whatmattersnow.org

and

The Samvara Project - What Matters Now
Attn: Copyright
20660 Stevens Creek Blvd #320
Cupertino, CA 95014

At the time of preparation of these Terms of Use in September 2010, requirements for notices and counter-notices include:

Notice in writing, with your physical or electronic signature;
A description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
A description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
Enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
A statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the "copyright owner"), an agent for the copyright owner, or by law;
A statement that all of the information you have provided is accurate; and
A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Any notice by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and shall not be deemed to confer upon The Samvara Project actual knowledge of facts or circumstances from which infringing material or acts are evident.

11. General Provisions

11(a) Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT (INCLUDING SERVICE CONTENT AND USER SUBMISSIONS), FUNCTIONS, ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SAMVARA PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, IMPLIED OR STATUTORY, AS TO THE ACCURACY, CORRECTNESS, SECURITY, VIRUS-FREE NATURE, RELIABILITY, COMPLETENESS OR USEFULNESS OF THE SERVICE OR ANY OF THE FUNCTIONS, FEATURES CONTENT CONTAINED THEREIN OR THAT DEFECTS WILL BE CORRECTED. THE SAMVARA PROJECT DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SERVICE BY USERS, AND SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF THE SAMVARA PROJECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

11(b) Limitation of Liability

IN NO EVENT SHALL WHAT MATTERS NOW OR THE SAMVARA PROJECT, OR THEIR LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RELATED TO VIRUSES, THE USE OF OR THE INABILITY TO USE THE SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE, OR THE CONTENT (INCLUDING SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF THE SAMVARA PROJECT OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WHAT MATTERS NOW, THE SAMVARA PROJECT, OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

11(c) Indemnification

You agree to defend, indemnify and hold What Matters Now and The Samvara Project, and their officers, directors, employees, agents, licensees, successors, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) incurred or suffered by an Indemnified Party in connection with any claim arising out of or related to (i) your use of the Service, (ii) your breach or violation of these Terms of Use, (iii) your dispute with another User, or (iv) the unauthorized access to any password-protected area of the Service using your password. The Samvara Project reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of The Samvara Project.

11(d) Termination

This agreement constitutes a binding agreement between you and The Samvara Project applicable to your use of the Service. If you become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Service.

11(e) General Provisions

These Terms of Use comprise the entire agreement between you and The Samvara Project with regard to use of the Service, and supersedes all prior or contemporaneous understandings and written or oral agreements between the parties, regarding the subject matter contained herein. If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or The Samvara Project to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Service or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive termination of the Terms of Use. Unless otherwise expressly indicated, use of the term "including" in this Agreement shall be construed to mean "including but not limited to."

11(f) Choice of Law; Forum

These Terms of Use shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of California. Any controversy involving The Samvara Project arising from or in any way related to the Terms of Use or your use of the Service shall be heard in the appropriate State or Federal court in Santa Clara County, California and you irrevocably consent to the jurisdiction of such courts. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the jurisdiction in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration to take place in the State of California at a location of our choosing.

11(g) Notices

Except as explicitly stated otherwise, any notices shall be given by email to What Matters Now or The Samvara Project at webmaster@whatmattersnow.org or to you at the email address you provide to What Matters Now or The Samvara Project. Notice shall be deemed given 24 hours after the email is sent.

11(h) Contact Information

If you have any questions or comments about these Terms of Use, What Matters Now can be contacted as follows:

customerservice@whatmattersnow.org

and

The Samvara Project - What Matters Now
Attn: Customer Service
20660 Stevens Creek Blvd #320
Cupertino, CA 95014