Terms of Use Agreement v.4 – Back with A Vengeance!

Version 4: Welcome to Coworker.org, a site operated by Coworker.org (”Coworker.org” or "we" or "us") for creating, circulating, and signing free online public petitions. Our Services include our website, www.Coworker.org, and other features, content, and functionality offered by us from time to time in connection with Our website (the "Site").

These Terms of Use (the "Agreement") outline the terms under which you may use the Site. This Agreement is to be read in conjunction with the rules for acceptable petitions, detailed on Coworker.org's Frequently Asked Questions page, which apply to any and all content posted on the Site, and with Coworker.org's Privacy Policy, located here.

If you wish to visit the Site or become a Member, which allows you to create petitions, interact with other Members, and make use of Services offered by the Site (the "Services"), read this Agreement and Privacy Policy carefully.

You must accept the terms listed in this Agreement in order to become a Member or use the site. If you have questions about this Agreement or Our Privacy Policy, please contact Us at Coworker.org, c/o Michelle Miller, 1800 Wyoming Ave., Washington, DC 20009. This Site is for use in the United States.

The Bottom Line

By using and/or visiting Our Site, whether or not you register as a petition signer or creator ("Member"), you: (1) agree to be bound by this Agreement; (2) acknowledge our Privacy Policy, which is located at http://coworker.org/privacy; and (3) agree to be bound by other legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations, and restrictions regarding your use of Our Site. In order to participate in certain Services, you may be required agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. If you do not agree to this Agreement (which comprises these Terms of Use and Our Privacy Policy) please do not use the Site.

Modification to Agreement

We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes. THIS AGREEMENT WAS LAST UPDATED ON: December 15, 2012

Use Common Sense and Good Manners

Regardless of why you're here, please be respectful and kind. Do not resort to personal attacks of any kind. If you’re starting a petition about a supervisor, for example, please refrain from discussing that person’s personal characteristics or behavior outside of specific, work-related duties. While we do not monitor the Site for content, if we are made aware of inappropriate content on the Site, it will be removed, in the sole discretion of Coworker.org.

We suggest you give careful thought to the information you post about yourself in your account on our Site, since you or other Members may be choosing to share it with other Users and such information could be shared outside of this Site. You are responsible for protecting your privacy and personal information when deciding whether to use Coworker.org.

Eligibility, Membership, and Registration Information

Your can review petitions and access some parts of the Site without registering and becoming a member (“Member”), but you must become a Member to create a petition on this Site.

During the registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address, and phone number ("Personal Information"). Please see our Privacy Policy to see how this information will be used.

During the registration process, you will also be asked to choose a password and user name. You are entirely responsible for maintaining the security of your password. Do not use another Member's account or password at any time, or disclose your password to any third party. Please notify us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Site. Your disclosure of your password to any other person is entirely at your own risk. Although Coworker.org will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

By using the Site, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of the Site does not violate any applicable law or regulation.

Coworker.org does not monitor the information you provide on the Site generally, but if Coworker.org becomes aware of information that may not be accurate, Coworker.org may, in its sole discretion, make inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. Coworker.org considers false information a violation of these terms and may take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity; or Coworker.org may suspend or cancel any Member’s access it believes to be false, inaccurate or incomplete. Notwithstanding the foregoing, you acknowledge that Coworker.org cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any Member.

If you are 18 years of age or older, you may register as a Member and use the Site and the Services. By registering as a Member and using Our Services, you affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

The Site is not intended for individuals under 18. If you are under 18 years of age, please do not use Our Site.

Non-Commercial Use

The Site is for the personal use of Members for the purposes set out in this Agreement and may not be used for any purpose whatsoever other than to create, circulate and transmit petitions on public policy issues, policies, and legislation in accordance with the terms of this Agreement. In no event can this Site be used for any commercial or for-profit endeavor or purpose, which is a violation of these terms.

Any illegal, inappropriate, and/or unauthorized use of the Site, including collecting User Names and/or email addresses of Members by any means for the purpose of sending unsolicited email, may result in termination of your Membership. Commercial advertisements' affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

Creation and Use of Member Content and Petitions

A. Acceptable Content and Use

This Site is designed solely for the creation, dissemination, and signing of non-commercial petitions and raising awareness for issues relating to workplace conditions in the United States, corporate accountability, and government legislation or oversight. These are the only acceptable uses for this Site. Acceptable petitions, (“Petitions”), comments images, and text uploaded or added to the Site (collectively “Member Content”) must be consistent with the design of the Site and may be removed in the event they are inconsistent with such design or violate these Terms of Use.

Coworker.org, in its sole discretion, may from time to time, select Petitions and other Member Content from among those submitted and post that Member Content on the Coworker.org home page or a Coworker.org-owned social media account, or use it to promote a particular Petition campaign. Coworker.org may also send email communications concerning select Petitions or Member Content to its Members and via other organizations. Coworker.org may also share select Petitions with journalists and feature in press releases or other public communications. Coworker.org may also contact you directly regarding your Petition, if in its sole discretion, Coworker.org believes a Petition warrants particular attention. By using the Site, you acknowledge that Coworker.org is not obligated to select or otherwise provide exposure to any Petition.

B. Prohibited Member Content and Petitions; and Prohibited Content Uses

Coworker.org shall have the right to refuse or remove any Member Content and/or Petition that it deems, in its sole discretion, inappropriate and/or in violation of the terms or spirit of this Agreement. The following is a partial list of the kind of Member Content and/or Petitions that are illegal or otherwise prohibited under these terms of use. By way of illustration, but not limitation, you may not take any action or upload, post, email, link or otherwise transmit or create any Member Content and/or Petition that, within Coworker.org's sole discretion:

promotes and/or encourages illegal or unlawful activity in any country;

is defamatory, libelous or slanderous in nature;

advocates hate, violence, abuse, threats, or harm against any group, individual or entity;

harasses or encourage others to harass any group, individual or entity;

is racially, ethnically, or otherwise objectionable;

is vulgar, obscene, profane, pornographic, and/or otherwise offensive in nature;

solicits funds for or contributions to any candidate, group, organization, committee or entity of any kind;

discloses third-party confidential, private, or trade secret information;

violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or

is commercial in nature.

Postings that violate this provision may be removed immediately or subject you to immediate termination or suspension of your Membership.

Coworker.org reserves the right to terminate your Membership and/or refuse or remove Member Content and/or Petition(s) at any time for any reason and without notice to you, if it believes, in Coworker.org’s sole discretion, that your Member Content and/or Petition(s) is inappropriate and/or in violation of the terms of this Agreement.

You may access content on the Site, including Member Content and other Content only as permitted under this Agreement.

You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third-party Member Content obtained through the Sites, and that you will hold harmless Coworker.org for any third party use, copying, or distribution of and of the Content you upload.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.

C. Propriety and Intellectual Property Rights of Member Content and Petitions

All copyright and other rights in and to the computer programs, computer applications, Web applications, database programs, Web content files, and all written, graphic, audio, and audiovisual works incorporated into and utilized on the Site shall be and remain the sole and exclusive property of Coworker.org (“Coworker.org Intellectual Property”). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Coworker.org Intellectual Property.

You retain copyright and other intellectual property rights in and to Member Content and/or Petitions created by you, to the extent that you have such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting your Member Content and/or Petition to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant) to Coworker.org: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, nonexclusive right and license to (i) use, reproduce, distribute, modify, adapt, and publicly display your Member Content and/or Petition within the Site and/or on the Service as permitted by you through your interactions on and through the Site, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Member Content and/or Petition in any or all media throughout the world for the purpose of transmitting or publicizing any Petition and/or the contents thereof and or any information or data relating to such; (b) the perpetual and irrevocable right to delete any or all of your Member Content and/or Petitions from Coworker.org servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze, and use any of your Member Content and/or Petitions as Coworker.org may deem necessary or desirable for purposes of debugging, testing, and/or providing support services in connection with the Site. Further, you agree to grant to Coworker.org a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, nonexclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy.

You understand that all Member Content and/or Petitions, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content and/or Petition originated. This means that you, and not Coworker.org, are entirely responsible for all Member Content and/or Petitions that you upload, post, email, transmit, or otherwise make available via the Service.

D. Third-Party Intellectual Property Rights and Infringement

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret, and other intellectual property or other laws that may apply to your Member Content hereunder; (ii) you are solely responsible for, and Coworker.org will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Coworker.org acknowledgement hereunder of your intellectual property rights in your Member Content and/or Petition does not constitute a legal opinion or legal advice, but is intended solely as an expression of Coworker.org’s intention not to require users of the Site to forego certain intellectual property rights with respect to Member Content and/or Petitions they upload, subject to the terms of this Agreement.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Member Content and/or Petitions you upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data Coworker.org stores on its servers (including without limitation any data representing or embodying any or all of your Member Content/Petitions). Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of Coworker.org.

You agree to indemnify and hold Coworker.org harmless from and against all claims, costs, loss, and damages of any kind (including reasonable attorneys fees and expenses) arising from or based upon any claim that any User Content and/or Petition posted or displayed on or through the Site by you infringes the copyright or intellectual property rights of any third party.

E. Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Sites can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process.

When a valid Notice is received pursuant to the provisions of the DMCA identifying material which infringes the copyright laws, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

We may take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing a DMCA Notice

Please don’t abuse this system, but if you truly believe your work has been infringed, you should send us a DMCA notice. We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:

Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);

Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;

Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);

If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

Include the following statement: “I 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.”;

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;

The Notice must be signed;

The Notice must be sent to our DMCA designated agent at the following address:
Michelle Miller
DMCA Designated Agent
Coworker.org Copyright Agent
c/o Coworker.org
1800 Wyoming Ave., Washington, DC 20009
By email: [email protected]
Tel: 202-656-8479

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored.

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must:

Describe and list all material(s) that were removed by Coworker.org and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;

Provide your name, address, telephone number and email address (if available);

State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);

State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.

Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

The Counter-Notice must be signed.

The Counter-Notice must be sent to our DMCA designated agent at the following address:
Michelle Miller
c/o Coworker.org
1800 Wyoming Ave., Washington, DC 20009
By email: [email protected]
Tel: 202-656-8479

F. Your Use of Member Content and Petitions

Member Content and Petitions created through the Site are provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited or used for any other purposes inconsistent with the Site's purpose without the prior written consent of Coworker.org. You may access and use Member Content and Petitions only as permitted under this Agreement. Coworker.org reserves all rights not expressly granted in and to the Member Content and Petitions and the Coworker.org Site.

You may access Member Content and Petitions solely for your information and personal use; and as intended through the normal functionality of the Coworker.org Site.

Members may also email Petition(s) they have created to third parties from the Site. If you email a Petition from the Site, your email address will be disclosed to the recipient(s) and recipients will be given the option of blocking you from sending further Petitions to them from the Site. When you email a Petition, you are responsible for complying with all applicable laws.

You agree to not engage in the use, copying, or distribution of any of the Member Content and/or Petitions other than as expressly permitted herein, including any use, copying, or distribution for any commercial or fundraising purposes of any Member Content and/or Petition obtained through the Site.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Coworker.org Site or features that prevent or restrict use or copying of any Member Content and/or Petition or enforce limitations on use of the Site or the Member Content and/or Petition therein.

Coworker.org, unless otherwise indicated, does not create the Member Content/Petitions posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Member Content and/or Petitions. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content and/or Petition, including any reliance on the accuracy, completeness, or usefulness of such Member Content and/or Petition.

You understand that when using the Site, you will be exposed to Member Content and/or Petitions from a variety of sources, and that Coworker.org is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Content and/or Petitions. You further understand and acknowledge that you may be exposed to Member Content and/or Petition(s) that are offensive, inaccurate, indecent, or objectionable, and under no circumstances will SignOn be liable in any way for any Member Content and/or Petition, including, but not limited to, any errors or omissions in any Member Content and/or Petition, or for any loss or damage of any kind incurred as a result of the use of any Member Content and/or Petition posted, emailed, transmitted, or otherwise made available via the Service.

Featuring of Petitions on This Site and Affiliate Websites

Coworker.org has the right, but not obligation, to feature and/or display selected Petitions on the home page of the Site and/or any affiliated website (the "Featured Petitions"). Coworker.org, in its sole discretion, may categorize and display Featured Petitions on its Site according to Coworker.org’s own selection and classification criteria. Members have no right or guarantee to have their Petition displayed as a Featured Petition and have no control over whether and/or how Featured Petition(s) are displayed and/or categorized on the Site or on Coworker.org-owned social media accounts. The featuring of a Petition on this Site and/or any affiliated website does not constitute an endorsement, sponsorship, and/or affiliation of or with the Petition by Coworker.org Entities.

Signatures on Petitions and Signature Management

The signatures on Petitions posted on this Site are not guaranteed to be legally valid signatures that would be recognized and/or accepted by any government or other organization.

Coworker.org may or may not deliver signatures to their intended recipients. The creator of the Petition is ultimately responsible for ensuring that petition signatures are delivered to intended recipients. All of the signatures can be collected by accessing the Petition through the User account under which the Petition was created. Members must not edit a signature in any way that compromises the intent of the signer.

Other Terms Regarding Petitions

Coworker.org may, in its sole discretion, refuse or remove any Member Content and/or Petition that is substantially identical to any Member Content and/or Petition already posted on the site.

Once a Petition is closed and/or no longer active, it may, in Coworker.org's discretion, be removed from the Site and/or archived on the Site.

Termination of Membership

You may terminate your Membership at any time and for any reason by following the link included in each email you receive or upon our receipt of your written notification. On your election to cancel, your Membership will be canceled within five days.

Coworker.org reserves the right at any time for any reason or no reason to suspend or terminate your Membership, terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you. Termination by Coworker.org is effective upon sending notice to you at the email address you provided in your initial application for Membership.

Prohibited Use of the Site

In addition to the other restrictions on use contained in these Terms, you have a nonexclusive, limited, revocable license to use the Coworker.org Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that Coworker.org deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates any of these terms, including without limitation removing the offending communication from the Site and terminating the Membership of such violators.

You agree that you shall not use the Service and/or the Site to:

collect User names and/or email addresses of Members for soliciting the purchase of any goods or services, including posting advertisements and/or solicitations of business; or for fundraising or soliciting contributions to any candidate, committee, group, organization or entity of any kind, or for any other purposes other than those specifically allowed by these Terms of Use;

sell products, raise funds, or solicit monetary contributions;

forward personally identifiable information from any Member to any non-Member;

submit false User/Member information when creating or signing a Petition;

use this Site in a manner inconsistent with any and all applicable laws and regulations;

impersonate any person or entity, real or fictitious, including, but not limited to, a Coworker.org employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

stalk, abuse (or attempt to abuse), or otherwise harass another User/Member;

make unauthorized use of any Coworker.org service marks;

upload, post, email, or otherwise transmit or create Member Content and/or Petitions that contain any viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Coworker.org considers in its sole discretion to be of such nature;

attempt to gain access to any other Member's Membership account or password;

provide information that you know is false or misleading;

post or provide links to your or other Member passwords;

post or provide links to information relating to circumventing this Site's or any other website's protected software; or

post links to expressly solicit personal information from anyone under the age of 13.

Any violation by you of the terms of the foregoing provisions may result in immediate and permanent suspension or cancellation of your Membership. You agree that Coworker.org may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Site in its sole discretion, without notice to you.

Unauthorized or questionable uses may be subject to investigation. Violations of this section may result in a range of actions subject to Coworker.org’s sole discretion, including without limitation:

Suspension of Membership;

Termination of Membership;

Legal action, including civil, criminal, and/or injunctive action.

Communication with Other Members

Coworker.org does not routinely monitor your communications with other Members, but reserves the right to do so pursuant to complaints or notifications to Us that you are engaging in any behavior contrary to the terms or spirit of this Agreement.

Maintenance and Outages

From time to time, as is typical with online Services, Coworker.org may need to perform maintenance on or make modifications to the Site that require the Site to be unavailable for periods of time ("System Downtime"). Please note that the duration of planned System Downtime may exceed the initial estimate. In addition, events such as natural disasters, power outages, or technical emergencies may cause unscheduled System Downtime.

Coworker.org reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Coworker.org will not be liable for any interruption of the Site, delay or failure to perform. You further understand that Coworker.org has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

Disclaimers, Damages, and Liability

You agree that Coworker.org and Coworker.org Entities (collectively, the “Releasees”) are not responsible for any Member Content and/or Petitions posted on the Site. Releasees are not responsible for the conduct, whether online or offline, of any user or Member. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications. Releasees are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or Services. Under no circumstances will Coworker.org be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Site or the Services, any Member Content and/or Petition posted on the Site or transmitted to Members, or any interactions between Users of the Site, whether online or offline. The Site and the Services are provided "AS IS" and (to the extent legally permitted) Coworker.org and Coworker.org Entities expressly disclaim any warranty of fitness for a particular purpose or noninfringement, and further expressly disclaims any implied warranty and terms and conditions. Coworker.org and Coworker.org entities cannot guarantee and do not promise any specific results from use of the Site and/or the Services.

Except where restricted or prohibited, in no event will the Releasees be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the Site or the Services, or of Our termination of your Membership, even if the Releasees been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Releasees’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Coworker.org for the Services during the term of Membership. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

You hereby agree to release the Releases and their respective officers, directors, agents, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You hereby agree to defend, indemnify, and hold harmless the Coworker.org Entities and their respective officers, directors, agents, and employees, from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from or based on your use of the Site and, any action or inaction by you in connection with the deletion, alteration, transfer, or other loss of Member Content or Petition(s), status, or other data held in connection with your Membership, Claims, or Disputes.

If there is any claim, controversy, or dispute at law or equity about this Agreement, the Site and/or the Services ("Claim"), you agree that We will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in Alameda County, California. You agree to submit to the personal jurisdiction of the courts located within Alameda County, California, for the purpose of litigating all Claims.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Other

This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Services, contains the entire agreement between you and the Coworker.org Site regarding the use of the Site and/or the Services.

The following sections will survive any termination of this Agreement: Fees; License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In Coworker.org’s sole discretion, Coworker.org may assign this Agreement in accordance with the Notices section. Section headings are for reference purposes and do not limit the scope or extent of any section. Coworker.org’s failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. Coworker.org does not guarantee that We will take action against all breaches of this Agreement.