Table of Contents
- WHO WE ARE
- THESE TERMS FORM A BINDING LEGAL AGREEMENT
- YOUR REPRESENTATIONS
- LICENSE TO USE THE SITE AND SERVICES
- SERVICE PROVIDERS
- PRIVILEGE & CONFIDENTIALITY
- OWNERSHIP RIGHTS
- YOUR INFORMATION
- YOUR OBLIGATIONS TO US
- DISCLAIMERS AND LIMITS ON LIABILITY; WAIVER OF CLASS ACTION RIGHTS; WAIVER OF JURY TRIAL
- THIRD-PARTY LINKS
- CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS
- CONTROLLING LAW AND VENUE
- ENTIRE AGREEMENT
WHO WE ARE
Our Map, LLC and Dane County Multi-Agency Center, Inc. (collectively, "we," "our," or "us") have developed on online resource Portal ("Portal") designed to provide confidential and comprehensive services to survivors of sexual assault ("Survivors," "you," or "your"). The Portal is designed to empower Survivors to choose the resources and services they need, connect with service providers, and share information need (“Services”) in a single and confidential space. The Portal may be accessed at https://danemap.org. Currently, the Portal is a pilot program and will be provided in connection with users from the University of Wisconsin-Madison.
THESE TERMS FORM A BINDING LEGAL AGREEMENT
LICENSE TO USE THE SITE AND SERVICES
We partner with local organizations and agencies that provide valuable resources to Survivors through the Portal (“Service Providers”). Service Providers may include advocates, survivor service providers, legal providers, medical providers and counselors. We will not provide your information or data to any Service Providers unless you grant us permission through the Portal. Our goal is to provide you with personal autonomy and control over the Services you select and the information you share.
PRIVILEGE & CONFIDENTIALITY
The relationship between you and your selected Service Providers may be protected by certain privileges (such as the attorney-client privilege) or other confidentiality requirements afforded by Wisconsin or federal laws. Use of the Portal to communicate with Service Providers or to share information and documentation with Service Providers will not and does not constitute a waiver of any privilege or confidentiality requirements.
If you set up a profile on the Portal, you will be asked to provide certain personal data and information. You are responsible for all information you provide to us. You will be permitted to register with a user name that is a pseudonym (not your actual name) if you would like to protect your privacy. You will also be required to select a password. Please take steps to maintain the password for your profile and do not share it with others. If you become aware of anyone accessing your profile or any breach of privacy or security, notify us immediately. We understand that in some circumstances, you may have difficulty controlling your privacy and security online, including in the Portal. For that reason, we've added features designed to permit you to quickly conceal your identity and/or exist the Portal. We have also implemented additional identity checks every time you access the Portal so that we can attempt to ensure you are the person accessing the Portal.
You expressly acknowledge and agree that we and our content providers (as applicable) own all content, trademarks, copyrights and other intellectual property located on and related to the Portal, excepting only Your Information described below.
Users of the Portal provide us with personal data and documentation to access and use the Services ("Your Information"). "Your Information" includes (without limitation) your general profile and demographic information, as well as your sensitive information relating to incidents of assault that you submit through the Portal. You retain all rights in and to your Submissions.
You grant us and your selected Service Providers and their agents, sublicensees, contractors and assigns ("Licensed Parties"), a license to use and process Your Information for the purpose of providing the Portal and Services to you.
We strongly recommend that you save and retain copies of all of Your Information. We are not responsible if you delete Your Information when you may have an obligation to preserve it.
YOUR OBLIGATIONS TO US
In addition to the representations provided above, in exchange for use of the Sites and/or any Services, you represent the following:
- You agree not to create false accounts or to provide false information (subject to the terms of Section 6 above).
- You will copy and use information from the Portal only for your personal purposes.
- You will not otherwise reproduce, modify, distribute, display or otherwise provide access to others to the Portal or its content.
- You will not engage in any activity that compromises the security or integrity of the Portal. Such activity may include, but is not limited to hacking, IP attacks, ransomware attacks, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Portal.
We value all of our users, and it is our goal to provide a seamless experience for all our users of the Portal, including our users with disabilities. You understand and accept, however, that some of the features of the Portal may not be fully accessible because they are provided in beta format, by third-parties or otherwise have errors. If you have comments regarding the accessibility of any part of the Portal, or would like to report an issue you are experiencing, please email us at firstname.lastname@example.org. You expressly agree to attempt to work with us in good faith to obtain access to our Portal and Services and that you will not threaten or assert any claims regarding accessibility against us unless and until you have first provided us with written notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.
DISCLAIMERS AND LIMITS ON LIABILITY; WAIVER OF CLASS ACTION RIGHTS; WAIVER OF JURY TRIAL
THE PORTAL SERVICES, AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE PORTAL ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). OUR MAP, LLC, DANE COUNTY MULTI-AGENCY CENTER, INC., AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "DANEMAP PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE PORTAL OR SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.
YOU AGREE THAT THE DANEMAP PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE DANEMAP PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF FIVE THOUSAND DOLLARS. YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE DANEMAP PARTIES, AND, YOU AGREE THAT IF YOU HAVE ANY CLAIM AGAINST ANY OF THE DANEMAP PARTIES, YOU WILL BRING IT WITHIN ONE YEAR FROM THE TIME IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) OR SUCH CLAIM SHALL BE WAIVED AND RELEASED. YOU FURTHER AGREE TO RESOLVE ANY AND ALL CLAIMS AGAINST THE DANEMAP PARTIES ON AN INDIVIDUAL BASIS AND KNOWINGLY WAIVE: (A) YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE DANEMAP PARTIES; AND (B) YOUR RIGHT A JURY TRIAL IN ANY DISPUTE BETWEEN YOU AND THE DANEMAP PARTIES.
WE CANNOT GUARANTEE THE PORTAL WILL BE AVAILABLE OR SECURE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST SECURE AND RELIABLE PORTAL REASONABLY POSSIBLE, INTERRUPTIONS, THIRD PARTY INTERFERENCE AND DELAYS DO OCCUR. DANEMAP EXPRESSLY DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS
Electronic communication is the most effective and timely way to provide the users of the Portal and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, please contact us at email@example.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software Portal, such as Gmail, Yahoo or other electronic mail provider.
CONTROLLING LAW AND VENUE