Spero Meliora, Inc.
Terms of Service
LAST MODIFIED ON 5 /11/2022
IMPORTANT: PLEASE READ THE TERMS of SERVICE CAREFULLY BEFORE CONTINUING to use this SITE.
SECTION 14 OF THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.
This Terms of Service (the “Agreement”) is a legal agreement between you as an individual (“You”) and Spero Meliora, a California non-profit corporation (“Spero Meliora”, “Us”, “We” or “Our”). It governs your access to, conduct in, and other terms and conditions relating to Our operation and your use of our Service, which includes, but is not limited to: (i) our website located at https://speromeliora.org/ (the “Site”); (ii) virtual resources, goods, and services; and; (iii) other elements that may be added from time to time.
This Service is provided by Spero Meliora and certain rights and privileges regarding your use of the Service belong to Spero Meliora and are described below in this Agreement.
By using the Service, You agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Service between You and Spero Meliora, and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties. If You do not agree to the terms of this Agreement, You are not authorized to download, operate, or otherwise use the Service.
We reserve the right to update or change this Agreement at any time by posting the most current version of the Agreement on the Sites or within the Service with a new Effective Date shown. All such changes in the Agreement are effective from the Effective Date. your continued use of the Service after we post any changes to the Agreement signifies your agreement to any such changes. If You do not agree to the then-current Agreement, You must immediately discontinue using the Service.
As between You and Spero Meliora, the Service is the sole and exclusive property of Spero Meliora. You will not acquire any rights in connection with the Service, or any individual components or elements of the Service, through your use.
your use of the Service is solely controlled by this Agreement which cannot be changed except by a written agreement signed by both You and a fully authorized representative of Spero Meliora. The Service is licensed, not sold.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF ANY PRIVILEGES ASSOCIATED WITH THE SERVICE AS DETAILED BELOW.
- What we do. The purpose of the Service is to assist students while they navigate their way to adulthood through community-based youth development services and provide accessible resources with insightful information regarding higher education, vocational options, and future plans to students and their families. We also accept PayPal and other forms of donations for our non-profit.
- By using this Service, You are accepting these Terms of Service. These terms may be updated from time to time, at which point we may give notice via a notification on our Site or your email. Any continued use of this Service will then be considered acceptance of those updated Terms of Service.
- GRANT OF LICENSE
The service is licensed to You by Spero Meliora for personal, noncommercial use on your phone, tablet, or other authorized devices. You must be 13 or older to use this Service unless with the permission of a parent or legal guardian unless you are a resident of the European Union. European residents must be age 16, or such age required by the law in your jurisdiction. All other uses are prohibited.
USER CODE OF CONDUCT
- Your conduct as a user of the Service. You are solely responsible for your conduct as a member of the community and as a user of the Service.
You represent, warrant and agree that you will not engage in conduct or communication (written, verbal, or nonverbal), either yourself, or by or through your username(s), which:
- Your conduct as a user of the Service. You are solely responsible for your conduct as a member of the community and as a user of the Service.
- restricts, inhibits, or discourages any other user from using the Service or contains a virus or other harmful component;
- collecting usernames, email addresses, and/or any other personal information for the purpose of sending spam and/or unsolicited email for any other commercial endeavor not approved by Spero Meliora;
- violates any local, state, federal or international laws or gives rise to civil liability;
- imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site;
- is a chain letter, or constitutes junk mail;
- specifies or claims that that you are affiliated with Us as an employee or agent when you are not;
- requests account login information from other Users;
- uses or possesses programs to “crack” the Site or other Internet security tools;
- uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
- restricts or inhibits any user from using and enjoying the Service; or
- anything else that the Spero Meliora in its sole determination deems harmful to the Service or to the integrity of the Spero Meliora.
- Suspension of Users. We may, at our sole discretion, immediately suspend or terminate your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement.
- Deletion of Content. At any time, Spero Meliora reserves the right to delete Content for any reason at any time. We do not monitor content, and assume no responsibility for monitoring the Service for inappropriate Content.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the Service.
- The license granted hereunder is non-transferable. The Service is licensed for your use only and only on a personal computer or other authorized device. You may not distribute the Service to any third party.
- Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Service, or take any steps to recreate of recover the source code of the Service and waive any right to do so.
- You may not rent, lease, or lend the Service, or offer it for any commercial use or purpose.
- Account Ownership. You may not buy, sell, give, or trade any account using our service, nor attempt to buy, sell, give, or trade any account using our service.
- User Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. Spero Meliora will fully cooperate with law enforcement and other governmental entities in policing the content of the Service. If you are under the age of 21, Spero Meliora reserves the right to release transcripts of your chats, or other intra-Service communication, to your parents, guardian, or other adult authority figure(s).
- Technical Support. Spero Meliora may in its sole discretion provide you with technical support related to the Service or Site to ensure they work on your device(s) (“Support Services”). Spero Meliora is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Spero Meliora under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, as between you and Spero Meliora will be and remain the sole property of Spero Meliora, and will be subject to the terms and conditions of this Agreement.
Spero Meliora support may be reached by contacting us via email at email@example.com.
- Compliance with Applicable Laws. You will fully comply with all applicable laws regarding use of the Service.
TERM, TERMINATION, MODIFICATION OF TERMS OF SERVICE
The term of this Agreement will commence upon your use of the Services (including but not limited to any download of an element of the Service) and will continue for so long as you have in your possession or control any copies of any aspect of the Service. Without prejudice to any other of its rights, Spero Meliora may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, but not in limitation, Spero Meliora may elect to terminate this Agreement and your rights in connection with the Service if Spero Meliora, in either’s sole determination, discontinues the Service, stops supporting or maintaining the Service, ceases to provide updates, no longer offers the Service for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination arising as a result of discontinuation of the Service by Spero Meliora, no refunds will be given for the licensing of the Service. In the event of termination arising from your failure to comply with the terms of the Agreement: (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the Service in your possession. If modification of the Agreement by Spero Meliora materially affects your rights in connection with the Service, which determination will be made by Spero Meliora in its sole discretion, Spero Meliora may, but is under no obligation to, notify you by sending an email message to your last email address known to Spero Meliora or through the Service. Spero Meliora will have no liability if you do not receive Spero Meliora’s notification.
Termination of this Agreement by you can only occur after the deletion of any and all downloaded elements of the Service in your possession, and by deleting your account (if any) by notifying customer support at firstname.lastname@example.org.
PROPRIETARY RIGHTS IN CONTENT ON THE SERVICE
- OWNERSHIP OF CONTENT WITHIN THE SERVICE. Subject to Section 6.2 below, the content which may be accessed through use of the Service (i.e. blog posts made by Spero Meliora, educational content distributed through the Site, and images on the site) is owned or licensed by Spero Meliora and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.
- OWNERSHIP OF POSTS BY USERS. Spero Meliora does not claim ownership rights in the materials you post to the Service, or via Spero Meliora’s social media accounts. Such materials include written text, lyrics, poetry, works of authorship or other materials. After posting your content to our Service or to our social media accounts, you continue to retain all ownership rights, and grant Spero Meliora a perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such content through the Service and any social media accounts or public relation efforts managed or controlled by either Spero Meliora.
- Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us at email@example.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- We accept donations, though this is currently not required to access any element of the Services. In the event this changes, Spero Meliora in its sole discretion, notify you by sending an email message to your last email address known to Spero Meliora or through the Service you via a change to this Agreement. The donations you may make to Spero Meliora may be in one-time increments, or, at your election, on a monthly basis to your payment method on the calendar day corresponding to the commencement of the recurring donations until it is cancelled. In some cases, your payment date may change (i.e. your payment method was not successfully settled). Currently, the only payment methods we accept are PayPal or personal check. You can review the authorizations and details of your PayPal payments through the settings of PayPal.
- Payment Methods. To use the service, you agree to provide us with one or more payment methods, including, but not limited to, billing through PayPal. If you provide an alternative method for billing, we reserve the right to bill those methods in case the primary method is declined.
- NO REFUNDS. Donations are NONREFUNDABLE. Notwithstanding this, we may, at any time and at our sole discretion, elect to provide refunds.
- Tax Deduction of Donations. The Donations you make are treated as a personal gift to Spero Meliora, and Spero Meliora does not make any determination or representation that the donations are tax deductible.
- NO WARRANTIES
Spero Meliora expressly disclaims any warranty in, to, or for the Service. The Service is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
Spero Meliora EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Service is assumed by you. Spero Meliora does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Service. Spero Meliora makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Spero Meliora further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Service. Spero Meliora cannot guarantee the integrity of the Service or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Service is loaded and operating.
- LIMITATION OF LIABILITY
IN NO EVENT WILL SPERO MELIORA, OR ANY THIRD PARTY INVOLVED IN PROVIDING THE SERVICE (COLLECTIVELY “THE PROVIDERS”), BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) RISING OUT OF USER ACTIONS, USER COMMENTS, YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE BY ANY THIRD PARTY THAT MAY HAVE ACCESS TO THE SERVICE BY OR THROUGH YOU, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO WHETHER SUCH DAMAGES, OR CLAIMS OF DAMAGES ARISE BASED IN CONTRACT, TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USE THE SERVICE.
SPERO MELIORA, HAS NO LIABILITY WITH RESPECT TO USER CONDUCT, THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO, ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. THE LIMITATION OF LIABILITY SET FORTH HEREIN MAY NOT BE ENFORCEABLE IN CERTAIN JURISDICTIONS, OR UNDER CERTAIN CIRCUMSTANCES, AS A MATTER OF LOCAL LAW, AND IS NOT INTENDED TO REPLACE OR SUPERSEDE LOCAL LAW.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor.”
You acknowledge that we have not reviewed the content of all sites linked to or from the Service and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
You agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims that You assert, or may assert, based on or relating to Your use, or the use of any individual using Your password, of this service. You further agree to indemnify and hold us, and our directors, officers, employees, and representatives harmless from any and all losses resulting from claims of third parties (including, but not limited to, attorney fees) that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.
DISCLOSURES REQUIRED BY LAW
Spero Meliora reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Spero Meliora reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Spero Meliora to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD SPERO MELIORA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPERO MELIORA DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPERO MELIORA OR LAW ENFORCEMENT AUTHORITIES.
DISPUTE RESOLUTION AND GOVERNING LAW
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California without regard to its conflict of law provisions and, except as noted below in Section 15, you agree to submit to the exclusive jurisdiction of the courts of to resolve all disputes related to this Agreement.
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
- Arbitration Procedures. you and Spero Meliora agree that, except as provided in Section 15.5 below, all disputes, controversies and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
- Except as otherwise set forth in Section 15.5 below, you may seek any non-injunctive remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Spero Meliora may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SPERO MELIORA WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in Orange County, California, unless the parties agree to video, phone and/or internet connection appearances.
- You and SPERO MELIORA agree that any arbitration will be limited to the Claim between SPERO MELIORA and you individually. YOU AND SPERO MELIORA AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Spero Meliora agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Spero Meliora’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- You and Spero Meliora agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 15.5, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 15.5 is found to be illegal or unenforceable, then neither You nor Spero Meliora will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Orange County, CA and You and Spero Meliora agree to submit to the personal jurisdiction of that court.
- By your consent in this Agreement, Spero Meliora may contact you for any of the following, by example and not by limitation: information you provided in relation to billing; responses to user inquiries; order processing; promotions; or in requesting feedback.
- No Waiver. The failure of Spero Meliora to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Spero Meliora must be in writing and signed by an authorized representative of Spero Meliora.
- Local laws. Spero Meliora makes no representation that content or materials in the Service are appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Spero Meliora is not responsible for any violation of law. You also agree that the Site and the Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Spero Meliora, either specific or general. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- Force Majeure. We shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the internet or any third party internet service providers.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and the other provisions of this Agreement remain in full force and effect.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing nor otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of this Agreement to Spero Meliora at firstname.lastname@example.org.