Our Terms and Conditions were last updated on September 7, 2023 and govern Your use of the Building Blocks of Parenting mobile application (“Application”) of San Jose Grail Family Service.
Please read these Terms and Conditions carefully before using Our Application. Your installation of the Application constitutes your agreement to these Terms and Conditions. If You disagree with any of these Terms and Conditions, You may not use the Application.
Interpretation and Definitions
Interpretation
Capitalized words appearing in these Terms and Conditions are defined as follows. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- “Application” means the Building Blocks of Parenting mobile application provided by the Company and available for download by You on any compatible electronic Device.
- “Application Store” means the digital distribution application operated by Apple Inc. (the “Apple App Store”) or Google Inc. (the “Google Play Store”) from which the Application may be downloaded.
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for You to access our Application or parts of our Application.
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to San Jose Grail Family Services, 2003 East San Antonio, San Jose, CA 95116.
- “Country” refers to the United States of America.
- “Content” refers to any and all content You make available through the Application such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- “Device” means any device that can access the Application such as a cell phone or digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You to the Company or through the Application regarding the attributes, performance or features of our Application.
- “Terms and Conditions” mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of th Application.
- “Third-party Social Media Service” means any services or content (including data, information, products or applications) provided by a third party that may be displayed, included or made available through the Application.
- “You” or “Your” means the individual accessing or using the Application, or the company legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of the Application and the agreement that binds You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.
Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Application.
Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.
Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and it tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy carefully before using Our Application.
User Accounts
When You create an Account with Us, You must provide Us information that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on Our Application.
You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with Our Application or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Application allows You to post Content. You are responsible for the Content that You post to the Application, including its legality, reliability and appropriateness.
By posting Content to the Application, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Application. You retain any and all of Your rights to any Content You submit, post or display on or through the Application and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Application, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
You agree that the Company is not responsible for Your Content or the Content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam and other machine- or randomly-generated messages, constituting unauthorized unsolicited advertising, other forms of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information.
The Company reserves the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with these Terms and Conditions, refuse posting or remove any Content. The Company further reserves the right to make formatting and other edits to change the manner of any Content. The Company can also limit or revoke the use of the Application if You post objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at Your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content. THE APPLICATION IS PROVIDED “AS-IS” and “AS-AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Application infringes a copyright or other intellectual property infringement of any person. If You are an intellectual property owner, or authorized on behalf of one, and You believe that your rights have been infringed by Content or the Application, You must submit Your notice in writing to the attention of our agent via email bbpapp@gfsfamilyservices.org and include in Your notice a detailed description of the alleged infringement.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner.
- A description of the copyrighted work that You claim has been infringed and any registration number(s), including a copy of the copyrighted work.
- Identification of the URL or other specific location on the Application where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email bbpapp@gfsfamilyservices.org. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Application.
Intellectual Property
The Application and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or Application without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Application may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Application will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Application.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers and licensors be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Terms), even if the Company or any supplier or licensor has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR APPLICATIONS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APPLICATION, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION; OR (IV) THAT THE APPLICATION, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Governing Law
The laws of the State of California, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.
United States Sanctions Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of sanctioned, prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the Application.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on Our website: https://www.gfsfamilyservices.org/
By sending an email: bbpapp@gfsfamilyservices.org
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