211 DATA PULSE^TM

211 Data Pulse Terms of Use

Welcome to 211 Data Pulse (“Pulse”), operated by United Way Worldwide (“UWW” or “we”, “us”, and “our”) in collaboration with participating 211 providers. The following Terms of Use (“Terms”) govern any use of Pulse by any individual or legal entity (“user”, “you”, or “your”). You thereby agree to be bound by and comply with these Terms. If you do not agree to these Terms, then you may not use Pulse.

Any individual agreeing to be bound by these Terms on behalf of a legal entity represents that such individual has the authority to bind such entity to the terms and conditions contained herein.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access, viewing, and use of Pulse. Your continued use of Pulse following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1. UNDERSTANDING YOUR OBLIGATIONS AND OUR PRIVACY PRACTICES

Subject to your compliance with these Terms, you may access, view, and use Pulse. In using Pulse, you also agree to UWW’s Privacy Policy and to comply with all applicable laws.

Pulse must be used for informational and non-commercial purposes only. If you desire to use Pulse for any other purposes, including commercial or customized use, you must get a signed writing approving such use by UWW and/or its licensors. To inquire on other use purposes, please contact 211@uww.unitedway.org.

2. PULSE CONTENT, UWW PROPRIETARY RIGHTS AND LICENSES, AND USER’S LIMITED LICENSE

Pulse contains information, data, text, graphics, images, audio, video, analysis, algorithms, models, reports, designs, software, code, documentation, user interface elements, and/or other materials or forms of expression that are made available on or through Pulse (collectively, “Content”). All Content on Pulse is the property of UWW or its third-party licensors and is protected by intellectual property laws, including but not limited to copyright, trademark, trade secret, and other applicable laws. UWW either owns the Content or has obtained the necessary rights or licenses to use and display the Content on Pulse.

As between any user and UWW, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on Pulse (collectively, “Marks”) are proprietary to UWW or its affiliates. Use or misuse of these Marks in violation of these Terms is expressly prohibited and may violate applicable intellectual property laws.

The Pulse website and all elements thereof—including, but not limited to, its structure, design, layout, functionality, source code, databases, software, and any related technology or infrastructure (collectively, the “Platform”)—are and shall remain the sole and exclusive property of UWW. All rights, title, and interest in and to the Platform are owned by UWW, including all associated intellectual property rights. Except as expressly authorized in these Terms, you may not copy, reproduce, modify, distribute, display, transmit, or create derivative works from any part of the Platform without prior written permission from UWW.

Under no circumstances will you have any rights of any kind in or to the Content, Marks, or Platform, other than the right to use Pulse in accordance with these Terms. You are provided only with a limited, revocable, non-assignable, non-transferable, non-sublicensable, and non-exclusive license to use Pulse for informational and non-commercial purposes consistent with these Terms. UWW does not make any promises about the reliability of any source or the accuracy, safety, or intellectual property rights of any Content.

3. USER’S RIGHTS AND OBLIGATIONS

What you can do. Subject to your compliance with these Terms, you may access, view, and use Pulse.

What you cannot do. You may not use Pulse in violation of these Terms or for any illegal, harmful, or abusive activity. For example, you expressly may not:

• Use Pulse in any way that violates any applicable local, national, or international laws (including but not limited to import, export, copyright, trademark, intellectual property, data privacy, and/or data security laws).
• Use Content from Pulse without proper Attribution (defined below) as defined by these Terms.
• Use Pulse and/or its Content in a way that infringes, misappropriates, or violates anyone’s rights.
• Modify, copy, lease, sell, or distribute any of Pulse and/or its Content.
• Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of Pulse.
• Automatically or programmatically extract data or Content from Pulse.
• Represent that any Content from Pulse was created or generated by you when it was not.
• Interfere with or disrupt Pulse, including circumventing any restrictions or bypassing any protective measures or safety mitigations we put on Pulse.

Mandatory Attribution and Citation

Any Content that you use, or cite to, from Pulse must provide attribution to Pulse. Attribution should be made through the following suggested citation, or similar:

You may not state or imply that UWW or its licensors endorses you, your usage, your viewpoints, and/or your goods or services. You may also not state any affiliation between you and UWW and its licensors in your usage without prior written approval from UWW.

Links to Pulse

If you link to Pulse from another source, you agree to be bound by the following additional terms:

• You may not insert any intermediate page, splash page, or other content between the source location and Pulse or create a frame around the information provided from Pulse or present it in any other way than it is presented on Pulse.
• You may not state or imply that UWW or its licensors is endorsing you, your viewpoints, or any of the products or services that you or your entity may provide.
• UWW and its licensors assume no liability or responsibility whatsoever for any content of any other page/website that contains a link to Pulse.
• UWW reserves the right to terminate any links to Pulse as it deems necessary, with or without cause or warning. If UWW chooses to exercise this right, you will be required to remove your link to Pulse immediately.

4. TERMINATION, SUSPENSION, AND/OR DISCONTINUATION OF SERVICES

Termination and Suspension. You are free to stop using Pulse at any time. We reserve the right to suspend or terminate your access to Pulse if we determine:

• You breached these Terms.
• We must do so to comply with applicable law.
• Your use of Pulse could cause risk or harm to UWW, its licensors, other users, or anyone else.

You may be blocked from using Pulse for failure to comply with the Terms and/or for any other reason whatsoever or for no reason.

Discontinuation. We may decide to discontinue Pulse at any time, for any reason, and in our sole and absolute discretion.

5. FEEDBACK

We encourage you to contact us with ideas, suggestions, comments, feedback, questions, or other input (“Feedback”) for or about Pulse. You may send Feedback to the following email address: 211@uww.unitedway.org. By submitting any Feedback, whether through any communication or by writing, email, social media, or otherwise, you agree that:

• Your Feedback is provided voluntarily and without any expectation of compensation, credit, or acknowledgment.
• UWW shall be free to use, copy, modify, publish, implement, distribute, and otherwise exploit the Feedback for any purpose in any manner and in any media, without restriction and without any obligation to you.
• You waive all rights to any claim or compensation related to the use of the Feedback by UWW, including but not limited to intellectual property, moral rights, or equitable claims.

You further represent and warrant that you have the right to provide the Feedback and that your Feedback does not violate any rights of any third party.

6. THIRD PARTY LINKS, WEBSITES, AND CONTENT

Pulse may contain links to other internet websites for the convenience of users in locating information, products, or services that may be of interest. Pulse may also contain content from third parties, including but not limited to images, text, recordings, videos, and any other type of content and/or media in any medium. Use of such third-party links, content, and/or any other material on and made available through Pulse is entirely at your own risk. UWW does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, security of the sources, or quality of products or services provided by or advertised on third-party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website and/or content is at your own risk and subject to the terms and conditions of such third parties. UWW does not endorse any product, service, content, and/or treatment provided on a third-party website or advertised or provided on Pulse.

7. DISCLAIMER OF WARRANTIES

PULSE AND ITS CONTENT IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW TO US, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO PULSE AND ITS CONTENT, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT PULSE OR ITS CONTENT WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF CONTENT FROM PULSE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON CONTENT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING, WITHOUT LIMITATION, FINANCIAL, TAX, AND/OR LEGAL ADVICE.

8. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, OR CONTRACTORS WILL BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID FOR USE OF PULSE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR TEN DOLLARS ($10). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country or state of residence.

ANY AFFILIATES, LICENSORS, AND CONTRACTORS OF PULSE ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

9. YOUR INDEMNITY, DEFENSE, AND RELEASE OBLIGATIONS

You shall indemnify, defend, and hold harmless UWW, its affiliates, its licensors, and all of their officers, directors, employees, licensors, distributors, and/or contractors against and from all liabilities, claims, proceedings, suits, actions, demands, losses, expenses, damages, and costs (including, without limitation, reasonable attorney’s fees and court costs) which arise and/or result from (1) your use of Pulse and its Content, (2) any breach of the Terms by you, (3) any violation of applicable law, rule, regulation, and/or order by you, and (4) any claim that your use of Pulse infringes any intellectual property, proprietary, privacy, and/or confidentiality rights of a third party.

10. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms and/or or the breach thereof, any usage of and/or activities on Pulse, and/or any Content contained in Pulse shall be resolved, in UWW’s sole and absolute discretion, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and shall be located near Alexandria, Virginia, or conducted remotely, upon sole discretion and/or election by UWW. The arbitrator shall have the power to issue binding equitable and monetary relief. You and UWW shall split equally the expenses and fees of the arbitrator, and the parties shall each bear their own legal expenses. Any arbitration award may be enforced in any court having jurisdiction over the other party.

11. COMPLIANCE WITH LAWS

You agree that your usage of Pulse and its Content shall be conducted in full compliance with all applicable laws, rules, regulations, and/or orders.

12. INTERNET SECURITY

Access and usage of Pulse are provided at the sole and absolute discretion of UWW. UWW, within its sole and absolute discretion, may discontinue any and all users’ access and usage of Pulse. There may be occasions when access to Pulse will be interrupted or unavailable. You agree UWW shall not be liable to you for any modification, suspension, unavailability, or discontinuance of Pulse and its Content. You understand that the technical processing and transmission of any Content on Pulse may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from Pulse will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted via Pulse or the internet, including, for example, personal information such as your name, address, or IP address. UWW shall not be liable for and you take sole responsibility for protecting against viruses, Trojan horses, or other computer programming routines intended to damage a computer’s functionality.

13. COPYRIGHT COMPLAINT PROCEDURES

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content infringes your copyright, you may submit a written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Pulse, a representative list of such works.
• Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that Content or activity on Pulse is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.

14. GENERAL TERMS

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with UWW or Pulse.

Changes to these Terms or Pulse. In our sole and absolute discretion, we may continuously work to develop and improve Pulse. We may update these Terms or Pulse accordingly from time to time. For example, we may make changes to these Terms or Pulse due to:

• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing Pulse.
• To adapt to new technologies.
• Changes to provide better Content on Pulse.

Your use of Pulse following any changes means that you agree to follow and be bound by the Terms as modified. You are expected to review the Terms from time to time so you are aware of any changes, as they are binding on you.

These Terms will take effect upon your access to, viewing of, or usage of Pulse.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Pulse may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Pulse may not be used for any end use prohibited by applicable trade laws.

Precedence. In the event of any conflict or inconsistency between these Terms and any other terms, policies, or conditions available through Pulse, including UWW’s general Terms and Conditions, (“General Terms”), these Terms shall prevail, govern, and supersede. These Terms apply exclusively to Pulse, and take precedence over any contrary provisions in the General Terms.

Severability. These Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.

Entire agreement. These Terms contain the entire agreement between you and UWW regarding Pulse, its Content, and your usage of Pulse, unless stated otherwise in a signed writing by UWW.

Governing law and venue. Virginia law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Alexandria, Virginia.