Patch Terms of Use
These terms were last modified on December 2, 2022.
These Patch Terms of Use (these “Terms”) are a binding agreement between Raheem Al (“Raheem,” “we,” or “our”), and you (“you” or “your”). These Terms govern your use of Patch, Raheem’s mobile platform and website, found at https://getpatch.org (together, “Sites”) as well as any related products and services, including the ability to purchase products (collectively, the “Services”). If you are using the Services on behalf of any person or organization, you represent and warrant that you are legally authorized to accept these Terms on such person’s or organization’s behalf.
Please read these terms carefully before accessing the Sites or using the Services. You acknowledge and agree that these terms have the same force and effect as if it were executed in a written document by you and Raheem. By clicking the “agree” button or accessing or using the Sites or Services, you: (a) acknowledge that you have read and understand these terms; (b) represent that you are more than eighteen (18) years of age and possess the legal right to enter into a binding agreement (if you are under eighteen (18), your parent or guardian must agree to these terms on your behalf); and (c) accept without limitation conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, arbitration, and choice of California law. If you do not agree to these terms, then you have no right to, and shall not, access or use the Sites or Services.
Raheem may change, modify, add, and/or delete all or portions of these Terms from time to time. Raheem will announce any material changes to these Terms by posting the amended version on our website and providing a notification upon login to the Services. By accessing the Sites and/or using the Services, you accept and agree to these Terms and the use of your data and personal information as described in these Terms. If you do not agree to be bound by these Terms or any subsequent modifications, you should not access or use our Sites or Services or disclose any personal information through any of our Services.
CONFIDENTIALITY; RESERVATION OF RIGHTS
You shall maintain adequate security to safeguard the Services and not allow any third party access to your individual account credentials used to log into the Sites. You shall promptly inform Raheem if you become aware of any unauthorized use of the Services. You agree that a breach of these Terms including, without limitation, this Section or Section 5, would cause irreparable harm and damage to Raheem, and a remedy at law may not be adequate to compensate Raheem for such harm and damage. Therefore, Raheem shall have the right to injunctive relief without the posting of a bond. The foregoing shall be in addition to and shall not limit any other rights or remedies to which Raheem may be entitled, at law or in equity.
You DO NOT acquire any ownership interest in the Sites or Services under these Terms, or any other rights thereto, other than the non-exclusive, non-transferrable, limited right to use the Sites and Services for personal, informational, or non-commercial purposes, subject to all terms, conditions, and restrictions, under these Terms. Raheem is the sole and exclusive owner of the Sites and Service provided in connection therewith and reserves and shall retain its entire right, title, and interest in and to the Sites and Services and all content therein, including all patent, copyright, trademark, trade secret, and other intellectual property rights therein or relating thereto, except for the limited rights granted to you under this Section.
Raheem may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its products and services (“Feedback”). You hereby assign all rights, title, and interests, including all copyright, patent and trade dress rights, in and to such Feedback to Raheem.
The Sites and Services are controlled, operated, and administered by Raheem from its offices or servers within the United States. Raheem makes no representations that materials or content on the Sites are appropriate or available for use at locations outside of the United States. A reference to a product or service on the Sites does not imply that such product or service is or will be available at your location. The content of the Sites and Services, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. If you access the Sites or Services from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
COLLECTION AND USE OF INFORMATION; CONSENT
Raheem may treat any information it collects or receives from you through the Sites or Services in accordance with its Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. Please review the Privacy Policy before you use the Sites or Services. By downloading, installing, using, and providing information to or through the Sites or Services, you understand and acknowledge that Raheem will take actions with respect to your information set forth in the Privacy Policy. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Sites or Services.
CUSTOMER CONTENT
The “Customer Content” means the data and information submitted or provided to the Sites or Services by or on behalf of you, including without limitation, the User Submissions (as defined below), any personal information you may provide in connection with your account registration, and video recordings, photographs, and written reports you upload to the Sites or Services. You grant Raheem a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to access and use the Customer Content during the term of your use of the Services (or your organization’s use of the Services, as applicable) for the purposes of (i) providing the Sites or Services; and (ii) monitoring and improving the performance of the Sites or Services and other internal business purposes. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to Raheem during the term the license set forth in this paragraph and the rights to the Customer Content as set forth in these Terms. You shall ensure that you are entitled to transfer any and all relevant personal data to Raheem so that Raheem may lawfully use, process and transfer the personal data in accordance with these Terms, and you shall be solely responsible and liable for ensuring that any relevant third parties have given their consent to such use, processing, and transfer as required by all applicable law including data protection legislation.
You acknowledge and agree that Raheem shall be entitled to: (a) collect, access, modify, distribute, audit, reproduce, delete, or remove any Customer Content freely to the extent necessary or reasonable including, for example, to: (i) protect you; (ii) provide, protect, and improve Raheem’s or any third party service provider’s products and services; (iii) protect the integrity of any data held by Raheem; and (iv) ensure its and your compliance with these Terms and any applicable laws or regulations; (b) disclose such data and information if required by law, to enforce these Terms, or to protect Raheem’s rights or interests or those of Raheem’s customers; and (c) use cookies on the Sites. Raheem also has the right to de-identify and/or aggregate the Customer Content and may use such data for any lawful purpose.
FORUMS; PARTNERS
There may be forums, bulletin boards, commentary, discussion threads, or blogs (the “Forums”) on the Services. These Forums offer an opportunity for communication and information sharing among a variety of participants. Any comments, content, messages, text, opinions, suggestions, ideas, materials (including without limitation photographs, videos, and graphics) and other submissions (“User Submissions”) that you send to Raheem or otherwise post, upload, submit, display, publish, or share (hereinafter “post”) through the Forums are not confidential. User Submissions do not represent the professional or legal advice or opinions of Raheem or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in such Forums and for the content of your User Submissions. You agree that you will not seek to hold Raheem liable for the User Submissions of others. Raheem can, but is under no obligation to, act on any Customer Content, including without limitation, by submitting any to law enforcement or other governmental authorities.
USER RESTRICTIONS
You shall:
be solely responsible for your use of the Sites and Services and compliance with these Terms,
be solely responsible for the Customer Content you provide on the Sites or to the Services, including the accuracy, quality, and legality of Customer Content and the means by which you acquired the Customer Content,
provide or obtain all consents, permissions, and authorizations required under applicable law, including from other individual end users, if applicable, as necessary to input, provide, transfer, and make available data to Raheem for the purposes of providing the Services, including without limitation all personal data, personally identifiable data, and sensitive data,
use commercially reasonable efforts to prevent unauthorized access to or use of the Sites or Services, and notify Raheem promptly of any such unauthorized access or use of the Sites or Services of which you become aware,
use the Sites and Services only as expressly permitted by these Terms, the applicable documentation (if any), and in accordance with applicable laws, rules and government regulations, and
be solely responsible for your systems through which the Sites or Services are accessed. You shall not post or upload any content or data which is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening or that would violate the personal or proprietary rights of Raheem or others. In the event you discover any Customer Content you provided is unlawful, contains errors, or otherwise violates the provisions of these Terms, you shall promptly remove or correct such Customer Content. Users are solely responsible for ensuring that they do not act in any manner that constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable law. You are not allowed to post any advertisements or solicitations of business, chain letters, or pyramid schemes, or to intentionally post the same posting more than once.
You acknowledge and agree that Raheem has no obligation to monitor your access to or use of the Sites or Services or of the content of your communications or data transmitted through the Sites or Services, but Raheem has the right to do so for the purpose of operating the Sites and Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Raheem may suspend access to the Sites or Services, at any time with or without notice, in the event of a threat to the security or technical integrity of the Sites or Services, or if Raheem suspects you have breached these Terms.
You shall not, and you shall not permit others to:
rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, or lease the Sites or Services or any portion thereof, including the documentation;
interfere with or disrupt the integrity or performance of the Sites or Services or data contained thereon;
copy, adapt, modify, prepare derivative works based upon, transfer, publicly display, transmit, or otherwise exploit the Sites or Services, including any function or feature thereof;
access the Sites or Services in order to build a competitive product or service;
reverse engineer, disassemble, or otherwise attempt to derive or gain access to the source code or infrastructure of the Sites or Services or any part thereof;
attempt to probe, scan, or test the vulnerability of the Sites or Services, any Raheem system or network or breach any security or authentication measures, or otherwise attempt to benchmark the Sites or Services or Raheem’s performance of services;
store or transmit code, files, agents, or programs that could harm the Sites or Services, including viruses, worms, time bombs, and Trojan horses;
use data mining, scraping, robots, or similar data gathering and extraction methods to remove, copy, or use data or content except as expressly permitted by these Terms; or
remove, delete, alter or obscure any trademarks or any copyright, patent or other intellectual property or proprietary rights notices from the Sites or Services, including any copy thereof.
SECURITY
Users are required to provide a valid, working email address, password, phone number, and user or organization name to access and use the Sites or Services (collectively, your “Credentials”). You shall (1) maintain the strict confidentiality of your Credentials, (2) not allow an unauthorized person to use your Credentials to access the Sites or Services, and (3) be responsible for any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Credentials. You agree to immediately notify Raheem in writing by email tohelp@getpatch.org of any unauthorized use of your Credentials or any other breach of security. Raheem is not and shall not be liable for any harm arising from or relating to the theft of your Credentials, your disclosure of your Credentials, or the use of your Credentials by another person or entity. Any attempt to obtain unauthorized access, or to exceed authorized access, to the Sites or Services shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Raheem hereby notifies you that any or all communications with or through the Sites to which Raheem has access may be monitored, captured, recorded and transmitted to the authorities by Raheem when reasonably necessary or when legally compelled to do so and without further notice.
UPDATES
Raheem may from time to time in its sole discretion develop and provide Site or Service updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Raheem has no obligation to provide any Updates to or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
THIRD-PARTY MATERIALS
The Sites may display, include, or make available third-party software applications with functionality that interoperates with the Sites or Services, third-party content or data, or provide links to third-party webSites or Services (collectively, “Third-Party Materials”). You acknowledge and agree that Raheem is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Raheem does not assume, warrant, or support and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. You should review any terms of use and privacy policies of any Third-Party Materials prior to utilizing them. Raheem cannot guarantee the continued availability of Third-Party Materials, and may cease providing them without entitling you to any refund, credit, or notice.
TERM AND TERMINATION
The term of these Terms and the limited use rights granted hereunder will commence on the date you indicate your acceptance of these Terms (including by using the Services) and will continue until either you stop using the Sites and Services or your rights to use the Sites and Services are terminated by Raheem as described below subject to survival of certain sections of these Terms as set forth below.
You may stop using the Sites or Services at any time without notice, subject to any separate agreement between you and Raheem. In addition, any rights or licenses to you under these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Sites and Services. Notwithstanding any provision hereof to the contrary, Sections 1, 2, and 11-14 (but expressly excluding the use rights granted to you) shall survive the termination of these Terms. Termination will not limit any of Raheem’s rights or remedies at law or in equity.
DISCLAIMER; NO LEGAL OR MEDICAL ADVICE AND NO EMERGENCY SERVICES
Raheem is providing the Sites and Services to you “as is” and “with all faults and defects,” without warranty of any kind. To the maximum extent permitted under applicable law, Raheem expressly disclaims all warranties, Whether express, implied, statutory, or otherwise, with respect to the Sites and Services, 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. Raheem makes no warranties regarding the accuracy, reliability, completeness, comprehensiveness, quality, functionality, timeliness, speed, or accessibility of any information supplied, or in connection with the services offered with the Sites or Services. Raheem does not warrant that the Sites or Services will be operational, uninterrupted, secure, error-free, or virus-free. You acknowledge and agree that use of the Sites and Services is at your sole risk, and Raheem does not warrant against interference with your enjoyment of the Sites or Services, that errors will be corrected, or that functions contained in, or services performed by, the Sites or Services will meet your requirements.
The sites and services are provided only for the purpose of connecting responding entities with crisis and emergency requests submitted, and they contain content that may include summaries of advice for behavior in emergency situations. You should not rely on the Sites or Services as legal or medical advice in any instance. You hereby acknowledge and agree that Raheem is not providing, and does not purport to provide, any legal or medical advice whatsoever. You shall not rely on Raheem to provide any such advice or counsel. The summaries provided may not reflect the most recent changes in law and you should not rely on the information provided through the Sites or Services. You should seek legal counsel if you are searching for legal advice. Raheem does not provide any law enforcement services or emergency services through the Sites or Services. Raheem is under no obligation to contact law enforcement or emergency assistance on your behalf including, without limitation, to share User Submissions with law enforcement or emergency assistance. Raheem hereby disclaims any and all damages or liability that may arise from user submission on the Sites and Services.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following provisions apply. For example, California residents must, as a condition of these terms, waive the applicability of California civil code section 1542, 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 or her settlement with the debtor.” you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you hereby release Raheem from all liability associated with your use of the Sites or Services. In no event shall Raheem, its suppliers, its affiliates, or their respective officers, directors, employees, or agents be liable for direct damages, or any incidental, special, indirect, punitive, exemplary, or consequential damages, whatsoever, including without limitation, any damages whatsoever resulting from or related to any (i) errors, mistakes, or inaccuracies in the Sites or Services, (ii) any unauthorized access to or use of the Sites or Services, (iii) any transmission to or from the Sites or Services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Sites, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted or otherwise made available via the Sites, and/or (vi) damages for loss of profits, loss of data, business interruption, loss of goodwill, computer failure or malfunction, or any other commercial damages or losses, arising out of or related to your use, or inability to use, the Sites or Services, however caused, regardless of the theory of liability (whether in tort, contract, or otherwise), regardless if Raheem has been advised of the possibility of such damages.
If any exclusion, disclaimer or other provision contained in these terms is held to be invalid for any reason by a court of competent jurisdiction, and Raheem, or one of its affiliates, officers, directors, agents, or employees becomes liable for loss or damage that could otherwise be limited, such liability whether in contract, tort, or otherwise will not exceed in the aggregate one hundred dollars ($100.00 usd). Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Sites or Services, or with any portion of these terms, to the extent not prohibited by applicable law, your sole and exclusive remedy is to discontinue using the Sites and Services.
INDEMNITY
You agree to indemnify, defend, and hold harmless Raheem and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including, without limitation, reasonable attorneys’ fees) arising from or relating to Customer Content provided to the Sites or Services, your use or misuse of the Sites or Services, your breach of these Terms, or any negligence or willful misconduct by or on behalf of you or your employees or agents, or otherwise related to your use of the Sites or Services.
EXPORT REGULATION
The Services may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the U.S.
MISCELLANEOUS
Copyright Infringement. In accordance with the Digital Millennium Copyright Act (“DMCA”), Raheem has designated an agent to receive notifications of alleged copyright infringement associated with the Sites or Services. Raheem will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent athelp@getpatch.org or through the address set forth at the end of this page. If material is believed in good faith by Raheem to infringe a copyright or otherwise violate any intellectual property rights, Raheem will take reasonable steps to remove such material. When notifying Raheem of the alleged copyright infringement, please include all of the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
identification of the copyrighted work alleged to have been infringed;
a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that the 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 the complaining party is authorized to act on the copyright owner’s behalf.
Severability. If any provision of these Terms is held illegal or unenforceable by a court of competent jurisdiction, the remainder of the provision will be deemed to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Third-Party Beneficiary. There shall be no third-party beneficiaries to these Terms.
Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of California, United States without giving effect to any rules governing conflict of laws provisions.
Arbitration. You agree that for any dispute arising out of or relating in any way to your use of the Sites or Services or these Terms, such claim be resolved exclusively by confidential, binding arbitration; provided that, to the extent you have in any manner violated or threatened to violate Raheem’s intellectual property rights or your confidentiality obligations under these Terms, Raheem may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Oakland, California, U.S.A., in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), as then in effect. The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity and sexual orientation), and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all JAMS charges and fees associated with the arbitration.
You hereby irrevocably and unconditionally waive the right to trial by jury in any action arising out of or relating to these terms or the Sites or Services and any and all rights to participate in a class action or any other collective or representative proceeding relating to these terms, the Sites, the Services, or any of the subject matter contemplated herein.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Oakland, California, U.S.A., for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, or (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Oakland, California, U.S.A., and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
Limitation on Actions. Any cause of action or claim you may have arising out of or relating to these terms or the Sites or Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Assignment. You may not assign, transfer, or delegate your obligations under these Terms, without the prior written consent of Raheem. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void.
Entire Agreement. These Terms represent the entire understanding and complete agreement by and between you and Raheem. Neither party has relied upon any statement or representation other than those expressly set forth in these Terms.
Waiver. No failure or delay by Raheem in exercising any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Contact Information. If you have any questions about these Terms, our practices, or your dealings with the Sites or Services, please contact us at help@getpatch.org.