Welcome to STROKEFOCUS®, operated by Wohaula, LLC, a California limited liability company (the “Company,” “Strokefocus,” “we,” “our,” or “us”).
If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the Platform. Please contact us with any questions regarding this Agreement.
1. The Platform.
Strokefocus endeavors to support individuals who have suffered from a stroke or a traumatic brain injury, their family members and their friends (collectively, the “Survivors”) through its Platform by providing them with access to resources, information relevant to the recovery and rehabilitation process, emotional support, and the opportunity to communicate with local Support Groups. By creating a Support Group Account, you are agreeing to act as one of the Platform’s Support Groups (individually a “Support Group” collectively the “Support Groups”), to comply with this Agreement, and to promote the well-being of Survivors in their journey to recovery, rehabilitation, and beyond. (The “Platform” includes our website(s), our mobile application(s) and any electronic access of the Strokefocus community, services or other use of software provided through or by Strokefocus.)
As a Support Group, you may have access to information on the Platform that will allow you to locate and communicate with Survivors. In addition, Survivors will be able to contact and communicate with you. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations, and with any and all rules, requirements, conditions and requests that we provide, regarding your use of the Platform, including but not limited to those that apply to your communications or interactions with any Survivor. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Acceptance of this Agreement.
a. This Agreement is an electronic contract that establishes the legally binding terms you must accept to access and use the Platform.
b. By accessing or using any portion of the Platform, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Of course, you may cease using the Platform and terminate your Support Group Account at any time. However, even if you terminate your Support Group Account, any subsequent interactions that you have with Survivors are still governed by this Agreement. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at [email protected]
3. Restrictions on Use.
Any use of the Platform is void where prohibited. By accessing or using the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are an entity or organization, you represent and warrant that you are validly existing under the laws of each state in which you operate, that you are in good standing in each such states and that you have the power and authority to conduct your business as it is currently being conducted. Using the Platform may be prohibited or restricted in certain countries. If you access or use the Platform from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform.
4. Term and Termination.
This Agreement will remain in full force and effect while you use the Platform, have a Support Group Account, or maintain or continue any communications with any Survivor with whom you have ever interacted through, or as a result of, the Platform. You may terminate your Support Group Account at any time, for any reason, by following the instructions on the Platform. The Company may terminate or suspend your Support Group Account and/or your access to the Platform at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, in its sole and absolute discretion. Upon such termination or suspension, you will not be entitled to any refund of any costs or expenses incurred in relation to or arising out of the Platform. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Support Group Account. After your Support Group Account is terminated, you may no longer access or use the Platform.
5. Non-Commercial Use by Support Groups.
The Platform is for non-commercial use only. Support Groups may not use the Platform or any content contained in the Platform in connection with any commercial endeavors, such as advertising or soliciting others to buy or sell any products or services not offered by the Company, without the Company’s prior written consent. Support Groups using the Platform may not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any Survivor or other Support Group without their prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including but not limited to collecting usernames and/or email addresses of Survivors or other Support Groups by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform.
6. Account Security.
You are responsible for maintaining the privacy and confidentiality of any information related to the registration and use of your Support Group Account, and you are solely responsible for all activities or communications that occur under your Support Group Account. You agree to immediately notify the Company of any disclosure or unauthorized use of your account’s or any Survivor’s confidential information or any other breach of security at [email protected] and ensure that you log out from your account at the end of each session.
7. Your Interactions with Survivors and Other Support Groups.
a. You are solely responsible for your communications and interactions with Survivors and other Support Groups. You understand that the Company does not inquire into the backgrounds of Support Groups or Survivors, and the Company does not attempt to verify any statements made by Support Groups or Survivors. The Company makes no representations or warranties as to the conduct of Support Groups or Survivors.
b. By creating a Support Group Account, you understand that you are uniting with other Support Groups on the Platform under the collective goal of supporting and providing information and resources to Survivors. You understand that Strokefocus assumes no responsibility for your actions relating to or resulting from your use of the Platform. You further understand that Strokefocus has done no “vetting,” verifying, or background checking of Survivors or their families and you are solely responsible for evaluating any Survivor with whom you interact and that Strokefocus makes no representations whatsoever about any Survivor or their suitability or eligibility for any service you might provide. You acknowledge that you assume responsibility for any and all liabilities, which may result from your use of the Platform or your communications or interactions with Survivors.
c. The Platform is intended to assist Support Groups and Survivors in locating and communicating with each other. Because we do not supervise or control communications or interactions between Support Groups and other persons or entities who do not have a Strokefocus account (the “Non-Users”), and because we cannot guarantee the true identity, age or affiliations of Support Groups, Survivors or Non-Users, you agree that you bear all risk and you agree that, as noted in and without limiting Section 11 (disclaimers) and Section 13 (limitations of liability) below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate interactions with any Survivors or other Support Groups that you communicate with through the Platform.
8. Information and Content Posted by You on the Platform.
a. You are solely responsible for the content and information that you post, upload, transmit or otherwise make available to Survivors or other Support Groups on the Platform, whether publicly posted or privately transmitted (collectively, the “Content”). You may not post, upload or transmit any offensive, inaccurate, obscene, profane, threatening, intimidating, harassing, or illegal material, or any material that infringes or violates another person’s rights (including rights of privacy and publicity).
b. You shall not disclose any confidential or private information about any Survivor that you obtain as a result of your use of the Platform without the Survivor’s express written consent.
c. You acknowledge that Content you post, upload or transmit on the Platform may be viewed by Survivors, other Support Groups, or any other person or entity with access to the Platform. You understand that deleted Content may be retained by Strokefocus for a reasonable period of time.
d. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post, upload or transmit on the Platform. The Company may delete any Content, in whole or in part, that in the sole and absolute discretion of the Company violates this Agreement or may harm any Survivor or the reputation of the Platform.
e. The Company reserves the right to investigate, suspend and/or terminate your Support Group Account if you have misused the Platform or behaved in any way that the Company regards as inappropriate or unlawful, including any communications or interactions with Survivors that occur outside of the Platform. In addition to not posting, uploading or transmitting the types of Content described in Section 8(a) above, the following is a non-exclusive list of the types of actions that you may not engage in with respect to the Platform. You shall not:
i. Use the Platform to engage in any act that is harmful or detrimental to any Survivor;
ii. Disclose any confidential or private information about any Survivor that you obtain as a result of your use of the Platform without the Survivor’s express consent;
iii. Collect or store personal, private or confidential data or medical information about any Survivor;
iv. Restrict or inhibit any Survivor or another Support Group from using the Platform;
v. Harass, threaten or intimidate any Survivor or another Support Group;
vi. Use the Platform to commit an illegal act;
vii. Access the Platform in any jurisdiction in which it is illegal or unauthorized;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or organization;
ix. Violate (intentionally or unintentionally) this Agreement, or any applicable local, state, national or international law, statute, ordinance or regulation.
f. Any other action that Strokefocus deems, in its sole and absolute discretion, to be inappropriate for any reason may also warrant removal and/or suspension from the Platform. The Company reserves the right to remove any post, Content or other material without warning or further notice.
g. Your use of the Platform, including all Content you post, upload or transmit through the Platform, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your Support Group Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, for example to: (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; (v) protect the rights, interests, property or personal safety of the Company, any Survivor or any other person; or (vi) enable the transfer or sale to another entity of all or substantially all of our assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We may also disclose any information about you to law enforcement or other government officials as we, in our sole and absolute discretion, believe necessary or appropriate, in connection with an investigation any activity that is illegal or that we believe may expose us or you to legal liability.
9. Additional Restriction and Conditions for use of the Platform.
The following activities are prohibited on the Platform and constitute express violations of this Agreement:
a. Submitting any Content to the Platform that: (i) violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); (ii) contains viruses or malware; (iii) offers unauthorized downloads of any copyrighted, confidential or private information; (iv) has the effect of impersonating others; (v) is purposely inaccurate, commits fraud or falsifies information in connection with your account or to create multiple accounts; or (vi) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
b. Attempting to do or actually doing any of the following: (i) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (ii) scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iii) scanning or testing the security or configuration of the Platform or to breach security or authentication measures; or (iv) interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Platform.
c. Using any of the following: (i) frames, framing techniques or framing technology to enclose any content included on the Platform without the Company’s prior written consent; (ii) any Platform content in any meta tags or any other “hidden text” techniques or technologies without the Company’s prior written consent; (iii) the Platform or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Strokefocus; or (iv) the Platform or any of its resources to solicit Survivors, Support Groups or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Strokefocus.
d. Collecting any of the following: (i) Content from the Platform, including, but not limited to, in connection with current or previously offered services, and featuring such Content to Survivors in any manner that diverts traffic from the Platform without the Company’s prior written consent; or (ii) Personal information of Survivors, or content of any other Support Groups.
e. Engaging in any of the following: (i) tampering or interfering with the proper functioning of any part, page or area of the Platform or any functions or services provided by Strokefocus; (ii) taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (iii) reselling or repurposing your access to the Platform or any purchases made through the Platform; (iv) accessing, monitoring or copying any Content from the Platform using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without the Company’s prior written consent; (v) violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform; (vi) hyperlinking to the Platform from any other website without the Company’s prior written consent; or (vii) acting illegally or maliciously against the business, organizational or personal interests or reputation of Strokefocus, our Support Groups, Survivors, or our services.
10. Information and Content Posted By Others on the Platform
Strokefocus does not assume any obligation to monitor, censor or regulate Content posted, uploaded or transmitted by Support Groups, Survivors or third parties on the Platform; provided, however, Strokefocus reserves the right to do so in its sole and absolute discretion. In addition, Strokefocus does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any Content posted, uploaded or transmitted by Support Groups, Survivors or third parties, and such Content does not necessarily reflect the views of Strokefocus.
a. You acknowledge and agree that the Company is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage resulting from:
i. Any incorrect, inaccurate, harmful or offensive Content posted, uploaded or transmitted on the Platform;
ii. The disclosure of any personal, private or confidential information of any Survivor;
iii. The conduct of any Support Group or Survivor;
iv. The deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings;
v. Any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any communications between or among Support Groups and Survivors; or
vi. Any problem, failure or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Support Groups’ or Survivors’ or to any other person’s computer or device related to or resulting from using the Platform or downloading materials in connection with the Internet and/or in connection with the Platform.
b. To the maximum extent allowed by applicable law, the Company provides Support Groups with access to the Platform and the ability to communicate with Survivors on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including all Content contained therein), including but not limited to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that a Support Group’s access to or use of the Platform will be uninterrupted or error free, secure or that any defects or errors in the Platform will be corrected.
c. Any material downloaded or otherwise obtained through your use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to use the Platform.
d. The Company may make third party information or resources available through the Platform. All third party information is the responsibility of the respective providers thereof and should not necessarily be relied upon. Such third parties are solely responsible for such information. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided by a third party on the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third party that appears on the Platform. Under no circumstances will the Company be responsible or liable for any loss or damage resulting from your reliance on information posted, uploaded or transmitted by a third party on the Platform.
e. Any opinion, advice, or reference to resources relating to the emotional or physical recovery and rehabilitation of Survivors that is posted, uploaded or transmitted on the Platform is for informational purposes only and is not intended to replace or substitute for professional, medical, legal, financial, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any Support Group or Survivor following any information provided on the Platform.
The Platform may contain advertisements and/or references to resources provided by third parties and links to other websites. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, opinions, advice, advertisements, goods or services, or other materials on or available through such external websites or resources. Your correspondence with third parties as a result of your use of the Platform is solely between you and such third party.
13. Limitation on Liability.
To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, or its partners be liable to you or any third party for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages. Without limiting the generality of the foregoing, in no event shall Strokefocus’s total liability to you for all damages, losses and causes of action (if any) exceed, in the aggregate $500. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access to or use of the Platform or the terms of this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
14. Proprietary Rights.
The Company owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
15. Modifications to the Platform.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. To protect the integrity of the Platform, the Company reserves the right at any time in its sole and absolute discretion to block certain IP addresses from accessing the Platform.
16. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that material or Content posted, uploaded or transmitted on the Platform infringes on your copyright or that of another, please contact us.
17. Internet Connection.
An internet connection is required to access and use the Platform, and any associated expenses or charges incurred by your use of the Platform are your exclusive responsibility.
18. Privacy and Security Measures.
The Company may obtain and accumulate certain information about you in order to facilitate your connection to and communication with Survivors. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the private and confidential information under our control.
19. Arbitration and Governing Law.
Except where prohibited by applicable law:
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or your use of the Platform shall be binding arbitration administered by the American Arbitration Association.
b. By accessing or using the Platform in any manner or by creating a Support Group Account, you agree to the above arbitration provision. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company. You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
c. Any proceeding to enforce this Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this Agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Los Angeles County, California, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this Agreement shall be governed by the Federal Arbitration Act.
e. For Support Groups located in a jurisdiction where the arbitration provision of this Agreement is prohibited by law, the laws of the State of California, USA, will apply to any disputes arising out of or relating to this Agreement or your use of the Platform. All claims arising out of or relating to this Agreement or your use of the Platform will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and Strokefocus consent to personal jurisdiction in those courts.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any Content you post, upload or transmit on the Platform, and your violation of any law or regulation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by e-mail, regular mail, SMS, MMS, text message or through the Platform itself. Such notices may not be received if you violate this Agreement by accessing or using the Platform in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Platform in an authorized manner.
22. Entire Agreement; Other.
This Agreement, and any specific guidelines or rules that are separately posted on the Platform, constitutes the entire agreement between you and the Company regarding your access to and use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Support Group Account is non-transferable and all of your rights to your account or the information contained within your account terminate upon your discontinuation or dissolution. No agency, partnership, joint venture or employment is created as a result of this Agreement, and you may not make any representations or bind the Company in any manner