Terms of Service
Date of Last Revision: July 27, 2023
The Sandberg Goldberg Bernthal Family Foundation and its subsidiaries and affiliates including LeanIn.Org, LLC, Lean In Girls, LLC, and OptionB.Org, LLC ("SGB," "we," "us," or "our") provides services to you through its websites, including those located at leanin.org, leaningirls.org, optionb.org and sgb.org (collectively our "Sites") and through other of our applications that link to these Terms of Service ("Terms of Service"). We refer to our Sites, other applications, and the features and functionality that they offer, collectively as our "Services."
These Terms of Service govern your access to and use of our Services. The Terms of Service are a legal contract between you and SGB, so it is important that you review them carefully before using our Services.
THESE TERMS OF SERVICE CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTIONS 11 (DISCLAIMER OF WARRANTIES) AND 12 (LIMITATION OF LIABILITY) AND AN ARBITRATION CLAUSE IN SECTION 13 (ARBITRATION). BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY.
Your use of our Services indicates that you agree to follow and be bound by the Terms of Service.
- Changes to the Terms of Service
We reserve the right, in our sole discretion, to change these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will notify you of material changes, either through our Services, in an email notification, or through other reasonable means. Your continued use of our Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please note that use of certain of our Services is subject to additional terms below ("Program-Specific Terms"). If there is any conflict between these Terms of Service and any Program-Specific Terms, the Program-Specific Terms will control. Please read any Program-Specific Terms before using the Services to which they apply.
- Your Privacy
At SGB, we respect the privacy of our users. For details concerning our privacy practices and how we handle data about users of our Services, please see the privacy policies posted on each of our Sites. By using our Services, you consent to our collection, use, and sharing of data as outlined in such privacy policies, including those identified in the Program-Specific Terms.
- Access and Use of Our Services
3.1. Your Obligations: You may be required to sign up or create an account with SGB in order to access and use certain features of our Services, including downloading certain of Our Content (as defined in Section 5.2 (Limited License) below). If you sign up for our Services or otherwise create an account, you agree to provide to us and maintain true, accurate, current and complete information about yourself. If you are under 13 years old, you are not authorized to use our Services, with or without signing up. If you are between 13 and 17 years old, you may use our Services, with or without signing up, only with the approval of your parent or guardian.
3.2. Member Account, Password and Security: By signing up for our Services or otherwise creating an account, you acknowledge and agree that your account is, and any passwords associated with your Account are, personal to you and you agree not to provide any other person or entity with access to all or any part of your account or passwords. You are responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your password or account. You agree to immediately notify SGB of any unauthorized use of your password or account or any other breach of security. If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Services through your account, we may require you to change your login details, including any user names or passwords associated with your account, or temporarily suspend or terminate your access to your account or any account associated with you.
3.3. Modifications to Services: SGB reserves the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice, in our sole discretion. You acknowledge that SGB reserves the right to terminate accounts that are inactive for an extended period of time.
3.4. Mobile Services: Our Services may include certain services that are available via a mobile device, including: (a) the ability to upload content to our Services via a mobile device; (b) the ability to browse our Services, or purchase Our Products (as defined in 8.1 (Store Provider) below), from a mobile device; and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access our Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. We are not responsible for any such charges, data rates, or fees. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
- Conditions of Use
4.1. User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish, transmit (including by email), or display (collectively, "Upload") via our Services or otherwise upload to SGB or our Sites. You agree to not use our Services to: (a) Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, reveals information about a person that he or she would not wish disclosed to the general public, or reflects animus towards any race, ethnicity, gender or sexual orientation; (vii) is false, inaccurate, or misleading; or (viii) in the sole judgment of SGB, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose SGB or its users to any harm or liability of any type; (b) interfere with or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, including impersonating a licensed or qualified healthcare professional or misrepresenting your credentials, or falsely state or otherwise misrepresent your affiliation with a person or entity, including SGB; (e) harvest or collect email addresses or other contact information of other users from our Services, or reproduce or alter the navigational structure or presentation of the Services, including monitoring or copying any of the material available on or though the Services, by electronic or other means for any purpose, including sending unsolicited emails, other unsolicited communications, or in connection with the development of any artificial intelligence algorithm or system; (f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by SGB, including medical treatments, prescription or illicit drugs, dietary supplements, over-the-counter products, medical devices, diagnostic or genetic tests, etc.; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) obtain or attempt to access or otherwise obtain any materials, information, or Our Products through any means not intentionally made available or provided for through our Services; (i) suggest that you are a representative of SGB or are conducting any lobbying or political activities on SGB's behalf; (j) disparage or otherwise paint SGB in a negative light, as determined in our sole discretion; (k) offer any medical advice, diagnosis, or treatment on our Sites or otherwise engage in the practice of medicine; or (l) resell as new, or distribute to or through a dealer or other third party, any of Our Products.
4.2. Commercial Use: Our Services are for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms of Service or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our Services, including Our Products, use of our Services, or access to our Services, including in each case any content contained therein (including Our Content), other than your own User Content (as defined below in Section 5.3 (User Content Transmitted Through Our Services)) that you legally Upload to our Services.
4.3. Violations of Conditions of Use. SGB reserves the right to investigate and take appropriate legal action against anyone who, in SGB's sole discretion, violates these Terms of Service, including by removing the offending content from our Services, suspending or terminating the account of such violators and reporting you to law enforcement authorities.
- Intellectual Property Rights
5.1 Services Content, Software and Trademarks:
(a) You acknowledge and agree that our Services, Our Products, and Our Content may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SGB, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Services, Our Products, or any of Our Content, in whole or in part, except that the foregoing does not apply to your User Content that you legally Upload to our Services. You may not access our Services or Our Content through robots, scraping tools or similar data-gathering or extraction methods.
(b) The technology and software underlying our Services or distributed in connection with them is the property of SGB and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
(c) The SGB name and logos, including the Lean In name and logo, the Lean In Circle and Lean In Chapter/Network names and logos, the Lean In Girls name and logo, the Option B name and logo, and any other names or logos of SGB, are trademarks and service marks of SGB (collectively the "SGB Trademarks"). Other company, product, and service names and logos used and displayed via our Services, on Our Products, or in Our Content may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SGB. Nothing in these Terms of Service, any Program-Specific Terms, or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SGB Trademarks displayed through our Services or on Our Products or Our Content, without our prior written permission in each instance. All goodwill generated from the use of SGB Trademarks, Our Products, and Our Content will inure to our exclusive benefit.
5.2. Limited License: SGB may make available to you certain logos, trademarks (including SGB Trademarks), designs, logos, images, video, audio, graphics, data, information, and other content or materials in the digital files that are downloadable from and through the Services (collectively "Our Content"). Subject to your compliance with these Terms of Service and any applicable Program-Specific Terms, we hereby grant to you a limited, royalty-free, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use Our Content strictly in accordance with these Terms of Service and any applicable Program-Specific Terms. You acknowledge and agree that some of Our Content may not be downloadable unless you have signed up with us or otherwise created an account in accordance with Section 3 (Access and Use of our Services). Other than as expressly granted in these Terms of Service and any Program-Specific Terms, no right, title, or interest in or to Our Content is transferred to you, and we reserve all rights not expressly granted in these Terms of Service and any Program-Specific Terms. Any use of Our Content that is not expressly permitted under these Terms of Service or any Program-Specific Terms is a breach of these Terms of Service and may violate copyright, trademark, and other applicable laws. You may only use Our Content without modification, unless otherwise permitted in the Program-Specific Terms, and in accordance with the following restrictions:
(a) You may only use Our Content in connection with promoting SGB's message and philosophy and in connection with the activities to which the specific portions of Our Content relate. See the Program-Specific Terms below for use restrictions on certain program materials and Services.
(b) You may only use Our Content in a manner that complies with all applicable laws, rules, and regulations.
(c) Only if permitted under the applicable Program-Specific Terms, you may personalize Our Content in accordance with the design specifications in our applicable Style Guide.
(d) Use of any of Our Content does not constitute endorsement by SGB, and it must be clear in your usage that you are not acting on behalf of SGB. You may not use Our Content for any commercial or for-profit purposes or authorize any third parties to use Our Content, unless permitted under Program-Specific Terms or with our express written permission.
(e) You may not use Our Content in conjunction with any text or content that may tarnish, disparage or otherwise bring into ill regard to SGB, or that is false or misleading about SGB or its activities.
(f) You may link to content on our Sites as long as you clearly display the URL of any linked Site. You may excerpt up to 150 words of content from our Sites as long as you clearly cite the source as follows: "This is excerpted from the [applicable SGB website]. For more information, visit [applicable SGB website]."
(g) You may excerpt up to 150 words of Our Content or from the book titled Lean In by Sheryl Sandberg as long as you clearly cite the source as follows: "This is excerpted from [SGB source content] / [Lean In by Sheryl Sandberg]. For more information, visit [SGB source content] / [leanin.org/book]."
(h) You may not use Our Content without attribution, make changes to that content, or present your own content as that of SGB's.
(i) Our Content may constitute or include trademarks and services marks of SGB, including SGB Trademarks. All goodwill generated from the use of Our Content or the SGB Trademarks will inure to the benefit of SGB.
(j) Your use of Our Content must be consistent with the high quality and reputation of SGB, and Our Products and services. If requested by SGB, you will provide SGB with a sample of all proposed uses of Our Content for prior approval.
(k) SGB reserves the right to terminate your use of Our Content at any time.
(l) You may not use the Lean In logo or any SGB Trademark without explicit permission from SGB.
5.3. User Content Transmitted Through Our Services: With respect to the stories, images, documents, or other content or materials you Upload through our Services or share with other users or recipients through our Services (collectively, "User Content"), you represent and warrant that you own all right, title, and interest in and to such User Content, including all copyrights, trademarks, and rights of publicity contained therein. You acknowledge and agree that SGB may request that you edit your User Content before it is posted to our Services. Not all submissions will be posted. You also acknowledge and agree that the posting of any submission is in SGB's sole discretion and that SGB may, in its sole discretion, delete any submission at any time. SGB does not claim ownership rights in User Content and when you upload User Content to our Services, you continue to have any ownership rights you may have in that User Content, subject to the limited license in this paragraph. By Uploading any User Content, you hereby grant and will grant SGB a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (including through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, create derivative works from, translate, and otherwise use your User Content in connection with the operation of our Services and SGB's philanthropic mission, or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed, including publication and use on Facebook, Instagram, Tiktok, or on any other Third-Party Service (as defined below), on any affiliate or partner service, and in syndication. You also hereby irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials for your User Content.
5.4. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our Services ("Feedback"), provided by you to SGB is non-confidential, and SGB will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.5. Disclosure of User Content. You acknowledge and agree that SGB may preserve content, including User Content, and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service or any Program-Specific Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SGB, its users and the public. You understand that the technical processing and transmission of our Services, including User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
5.6. Disclaimer. Without limiting anything in Sections 11 (Disclaimer of Warranties) or 12 (Limitation of Liability), you understand and acknowledge that you, and not SGB, are responsible for User Content and any Feedback, including the legality, reliability, accuracy, and appropriateness thereof. We are not responsible for, and we do not endorse, any User Content or Feedback or any content uploaded, posted, shared, or otherwise made available by users of our Services. We are not responsible or liable for any error or loss related to User Content or Feedback or the export of User Content from the Services. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and for maintaining a means, external to the Services, for any reconstruction of any lost information, content, and other materials, included within or comprising User Content. SGB is under no obligation to store any submission of any User Content.
- Copyright Complaints
6.1. Respect for Intellectual Property. SGB respects the intellectual property of others, and we ask our users to do the same. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Sites or otherwise within our Services, you should notify SGB of your infringement claim in accordance with the procedure set forth below. Please note that we may send a copy of any legal notice we receive to the person or entity claimed to be infringing on content.
6.2. DMCA Complaint. SGB will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SGB's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Sandberg Goldberg Bernthal Family Foundation
PO Box 26221
San Francisco, CA 94126
To be effective, the notification must be in writing and contain the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on our Site(s) or otherwise within our Services, with enough detail that we may find it on our Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
6.3. Counter-Notice: If your User Content is the subject of a DMCA notice, and you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to SGB's Copyright Agent:
(a) your physical or electronic signature;
(b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
6.4. DMCA Procedures: If a counter-notice is received by SGB's Copyright Agent, SGB will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
6.5. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, SGB has adopted a policy of terminating, in appropriate circumstances and in SGB's sole discretion, users who are deemed to be repeat infringers. SGB may also in its sole discretion limit access to our Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Third Parties
7.1. Third-Party Materials. Our Services may provide links or other access to third-party sites and resources on the Internet, including any content or materials contained therein ("Third-Party Materials"). SGB has no control over such Third-Party Materials and SGB is not responsible for and does not endorse such Third-Party Materials. Without limiting the foregoing, SGB is not responsible for any content, service, or user experience on non-SGB-created groups. You expressly release SGB from any and all liability arising from your use of any Third-Party Materials and acknowledge and agree that under no circumstances will SGB be liable in any way for Third-Party Materials, including for any errors or omissions in any content, or for any and all injury (including death), loss or damage of any kind incurred as a result of the use of any such Third-Party Materials. Any opinions, advice, statements, views, positions, services, offers, or other perspectives expressed in any Third-Party Materials are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We do not endorse any particular products, healthcare professionals, services or treatments. You acknowledge that SGB does not have a duty to pre-screen content or verify the authorship of any content in Third-Party Materials, but that SGB will have the right in its sole discretion to refuse or remove any Third-Party Materials that are available through our Services, including in accordance with Section 3.3 (Modifications to Services). This includes the right to remove any Third-Party Materials that violate these Terms of Service or any Program-Specific Terms or are deemed by SGB, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Third-Party Materials available on or through the Services. You expressly release SGB from, and acknowledge and agree that SGB shall not have, any liability arising from your use of any Third-Party Materials available on or through the Services.
- Online Store
8.1. Store Provider. As part of our Services, we may offer an online store, currently located at shop.leanin.org, hosted by Shopify Inc. and its affiliates (our "Store Provider"). You understand that any orders you place with us for any products that we may offer on or through our Sites or Services ("Our Products") are subject to our Store Provider's terms and conditions, privacy policies, and other policies. You expressly release SGB from, and acknowledge and agree that SGB shall not have, any liability relating to our Store Provider's terms and conditions, privacy policies, and other policies, including modifications, price changes, suspensions or discontinuances of or to any of Our Products.
8.2. Our Product Display and Modifications. All of Our Product descriptions and pricing are subject to change at any time without notice, in our sole discretion. We have made reasonable efforts to accurately display the colors and images of Our Products, but we cannot guarantee that your computer monitor's display of any color or image will be accurate. We reserve the rights to, in our sole discretion: (a) modify, limit the quantities of, or discontinue any of Our Products without notice at any time, including Our Products that are available exclusively online through our Sites; (b) limit the sales of Our Products to any person, geographic region, or jurisdiction, including on a case-by-case basis; and (c) offer special promotions that may be for a limited time only. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will control.
8.3. Errors and Inaccuracies. Occasionally there may be information on our Sites that contain typographical errors, inaccuracies, or omissions that may relate to Our Products descriptions, pricing, promotions, offers, Our Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information, including pricing information, except as required by law.
8.4. Orders. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Our Products purchased per person, per household, or per order. This may include orders placed by or under the same account or credit card, or that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by or on behalf of dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase information for all purchases made or other transactions that you enter into on or through our Sites and to promptly update your information, including your email address, credit card numbers, and expiration dates, as necessary for us to complete your transactions and contact you as needed. In connection with your purchase of any of Our Products or any other transaction that you may enter into on our Sites, you represent and warrant that: (a) the credit card information you supply to us or our Store Provider is true, correct, and complete; (b) you are duly authorized to use such credit card for such purchase or transaction; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay all charges incurred by you, including shipping and handling charges and all applicable taxes, if any, regardless of the amount listed on or through our Sites, at the time you place your order.
8.5. Shipping, Handling, Taxes. You agree to pay all shipping and handling charges incurred during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Posted prices do not include taxes or charges for shipping and handling. Subject to our Store Provider's terms and conditions, all such taxes and charges will be added to Our Product totals and will be itemized in your shopping cart and your order confirmation email, if any. Title and risk of loss pass to you upon our transfer of Our Products to the applicable carrier.
8.6. Exchanges. We want you to be happy with Our Products and will exchange any defective item for the same item or an item of equal value. All exchanges must be made within thirty (30) days of your original purchase, and Our Products must be unused and in their original condition in order to be eligible for an exchange. All exchanges should include the original packaging slip, and be shipped back to us with a return shipping label. To request a shipping label or with questions regarding returns, please contact email@example.com. You are responsible for all shipping and handling charges on exchanged items, unless otherwise specified. You bear the risk of loss during shipment of any exchanges.
- Special Notice for International Use; Export Controls
Any software available in connection with our Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Services, including as it concerns online conduct and acceptable content.
- Indemnity and Release
You agree to release, indemnify, and hold harmless SGB, and its officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of or access to our Services, Our Content or any User Content, any of Our Products, any Third-Party Materials or any Third-Party Services, your connection to our Services, your violation of these Terms of Service or any Program-Specific Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Disclaimer of Warranties
11.1. YOUR USE OF OUR SERVICES, OUR CONTENT, AND OUR PRODUCTS IS AT YOUR SOLE RISK. OUR SERVICES, OUR CONTENT, AND OUR PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SGB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING THROUGH COURSE OF PERFORMANCE, TRADE USAGE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
11.2. SGB MAKES NO WARRANTY THAT: (A) OUR SERVICES, OUR CONTENT, OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES OR OUR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR OUR CONTENT WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY OF OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON OUR SITES OR THROUGH OUR SERVICES OR OUR CONTENT WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
- Limitation of Liability
12.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SGB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SGB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO: (A) THE USE OR THE INABILITY TO USE OUR SERVICES, OUR CONTENT, OUR PRODUCTS, OR ANY USER CONTENT, THIRD-PARTY MATERIALS OR THIRD-PARTY SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES, OUR CONTENT OR ANY USER CONTENT, THIRD-PARTY MATERIALS, OR THIRD-PARTY SERVICES, INCLUDING WITH RESPECT TO OUR PRODUCTS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR CONTENT, YOUR USER CONTENT, THE SERVICES, THIRD-PARTY MATERIALS, OR THIRD-PARTY SERVICES; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES, INCLUDING ANY THIRD-PARTY MATERIALS; OR (E) ANY OTHER MATTER RELATING TO OUR SERVICES, OUR CONTENT, OUR PRODUCTS, OR USER CONTENT. IN NO EVENT WILL SGB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SGB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
12.2. WITHOUT LIMITING THE ABOVE, SGB WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, OR OTHER PROPRIETARY MATERIAL DUE TO ANY DOWNLOADING OF OUR CONTENT OR ANY USER CONTENT, USE OF OR ACCESS TO ANY THIRD-PARTY MATERIALS OR THIRD-PARTY SERVICES, OR ANY PURCHASE OF OR TRANSACTION INVOLVING OUR PRODUCTS. SGB IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF OUR STORE PROVIDER.
12.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
PLEASE READ THIS SECTION CAREFULLY. YOU AND SGB ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.1. You hereby agree that any claim or dispute between you and SGB, whether brought by you or by SGB, arising out of or relating in any way to these Terms of Service or your use of the Services must be resolved through final, binding, confidential arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to enjoin infringement or other violation of intellectual property rights without seeking damages. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow these Terms of Service, as a court would.
13.2. Before commencing any arbitration proceedings under these Terms of Service, a party must first send to the other a written notice of dispute ("Notice"). Your Notice to SGB must be sent to the Sandberg Goldberg Bernthal Family Foundation, PO Box 26221, San Francisco, CA 94126. If a party's claim is not resolved within sixty (60) days of delivery of the applicable Notice, you or we may commence arbitration proceedings in accordance with these Terms of Service. The arbitration of any claim or dispute hereunder (including whether a valid arbitration agreement exists and whether it covers the dispute) shall be conducted by a single, neutral arbitrator administered by JAMS or its successor ("JAMS") and conducted pursuant to the then-current Streamlined Arbitration Rules and Procedures (available at https://www.jamsadr.com/rules-streamlined-arbitration/) and, if you are an individual, in accordance with JAMS' Consumer Arbitration Minimum Standards (available at https://www.jamsadr.com/consumer-minimum-standards/) (as applicable, the "JAMS Rules"). If the JAMS Rules conflict with any portion of these Terms of Service, these Terms of Service shall control. You and SGB shall mutually agree on a neutral arbitrator; provided that, if the parties cannot agree on an arbitrator within ten (10) days, then JAMS will choose the arbitrator. The arbitration of any claims or disputes hereunder shall be conducted in San Francisco, California. You or we also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
13.3. The arbitrator shall apply the law of the State of California as stated above, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by these Terms of Service, including without limitation injunctive or declaratory relief, specific performance, and damages. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award also will provide a concise written statement of the essential findings and conclusions on which the award is based. Each party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys' fees to a prevailing party that may be a part of any statute under which you or we may bring a claim. The award of the arbitrator may be entered as a judgment in any court of competent jurisdiction.
13.4. YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 13.1 ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH CLAIMS OR DISPUTES RESOLVED BY A JUDGE OR JURY. AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL SUCH CLAIMS DESCRIBED ABOVE VIA BINDING ARBITRATION PER THE TERMS OF SERVICE AND CONDITIONS SET FORTH IN THIS SECTION 13.
13.5. You may opt-out of Sections 13.1-13.4 by sending a notice ("Rejection Notice") to SGB no later than sixty (60) days after your first consent to these Terms of Service or to any subsequent revisions to this Section 13. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to the address stated in Section 13.2 above. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming SGB received the Rejection Notice within sixty (60) days. You may opt out of these Terms of Service in their entirety by not using the Services.
SGB may terminate these Terms of Service, and the rights granted herein, for any reason at any time. SGB reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Services or Our Content at any time, with or without prior notice. All definitions and other provisions in these Terms of Service that, by their nature or terms, should survive termination, shall survive termination.
15.1. Entire Agreement. These Terms of Service as well as any Program-Specific Terms constitute the entire agreement between you and SGB and govern your use of our Services, superseding any prior agreements between you and SGB with respect to our Services.
15.2. Governing Law and Jurisdiction. These Terms of Service and all matters arising out of or relating to these Terms of Service or our Services, including any dispute or claim between the parties relating to the Terms of Service or our Services (whether or not such disputes or claims are contractual), will be governed by the laws of the State of California without regard to conflict of law provisions. With respect to any disputes or claims that are not subject to the dispute resolution procedures set forth above, you and SGB agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California, and hereby waive any and all objections to such venue including for inconvenience of the forum.
15.3. Waiver and Severability. The failure of SGB to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
15.4. Contractual Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15.5. Relationship of the Parties. These Terms of Service do not create a partnership, joint venture, employment, agency, or fiduciary relationship between you and SGB. SGB and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.
15.6. Assignment and Interpretation. SGB may assign or transfer these Terms of Service, in whole or in part, without restriction. You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent. Any purported assignment shall be null and void. Notwithstanding the foregoing, these Terms of Service shall be binding on the parties' respective successors, heirs, and permitted assigns The Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. The term "including" shall mean including without limitation.
15.7. Electronic Communications Notice. Sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, through our Services or through your account, satisfy any legal requirement that such communication be in writing. In order to retain copies of any electronic communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES OR YOUR ACCOUNT. You hereby waive any rights or requirements under any statutes, regulations, rules, orders, treaties, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.
15.8. Notices. Notices to you may be made either via email or regular mail. We may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on our Sites or through the Services.
- Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or with questions regarding the Terms of Service or our Services.
These Program-Specific Terms apply to your use and participation in the SGB programs specified in each section header.
Use of Circle Assets. With respect to your use of the Circle Assets on a website, brochure or signage, you must include the following language: "As a participant in Lean In's Circle program, [Circle/Chapter/Network name] is using Lean In's name, program logos and other branded materials under a license from LeanIn.Org. [Circle/Chapter/Network name] is an independent group, and LeanIn.Org does not control its activities. Visit leanin.org to learn more about Lean In and its programs."
- Use of the LIG Materials
1.3. Additional Use Restrictions. In addition to the restrictions set forth in the Terms of Service, you acknowledge and agree that you will not, and will not permit others to, use the LIG Materials: (a) for any commercial or for-profit purpose, including selling or promoting any products or services; (b) in any manner that suggests that you are acting for or on behalf of SGB; (c) in any advertising, publicity releases, or promotional or marketing publications, or correspondence to third-party news sources or outlets without, in each case, securing SGB's prior written consent; or (d) in any schools, educational institutions, or other facilities, unless you have secured all necessary consents, authorizations, or other approvals. You further agree that you will not, and will not permit others to, make any material alterations, modifications, or other changes, without SGB's prior written consent, to any name, logo, trademark, or other proprietary indicia (including the SGB Trademarks) present on or appearing in the LIG Materials. You may not incorporate any materials or intellectual property owned by a third party into the LIG Materials without first obtaining the proper consent of the applicable third party. SGB will not be responsible for your use of any third party's intellectual property or other proprietary rights in connection with the LIG Materials.
Safety and Well-Being. You understand that, while using the LIG Materials, some users or participants in your programs may reach out to you with concerns about their safety or well-being or someone else's safety or well-being. Your legal and ethical responsibilities will differ depending on a number of factors, including whether you are employed by a school or other organization, if you are performing as a volunteer, your professional responsibilities, and the state in which you reside. It is your responsibility to make sure that you are familiar with all responsibilities, including your organization's policies and procedures and any applicable federal, state, or local laws, rules, or regulations. You understand that your use of the LIG Materials does not make you an employee or agent of SGB, and that you will not hold yourself out as such.
Warranty Disclaimer. PLEASE BE AWARE THAT PROFESSIONAL OPINIONS, INDUSTRY BEST PRACTICES, AND GENERALLY ACCEPTED GUIDELINES MAY VARY GEOGRAPHICALLY AND MAY CHANGE OVER TIME. AS A RESULT, THE LIG MATERIALS MAY NOT BE ACCURATE OR REFLECT BEST PRACTICES FOR A SPECIFIC COMMUNITY OR AT ANY GIVEN TIME. WHILE EFFORTS HAVE BEEN MADE TO ENSURE THE INTEGRITY OF THE LIG MATERIALS, SGB, LEANIN.ORG, LLC AND LEAN IN GIRLS, LLC GIVE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER GUARANTEES WITH RESPECT TO THE LIG MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, QUALITY, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Damages Disclaimer. SGB WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO ANY ERROR, OMISSION, OR INACCURACY INCLUDED WITHIN, OR THE RELIABILITY OF, THE LIG MATERIALS, OR FOR YOUR OR ANY THIRD PARTY'S USE OR INTERPRETATION OF, OR RELIANCE ON, THE LIG MATERIALS.
Emergencies. IN CASE OF AN EMERGENCY RELATED TO YOUR USE OF THE LIG MATERIALS, DO NOT CONTACT SGB. IN SUCH SITUATIONS, YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING ANY LAWS, RULES, OR REGULATIONS APPLICABLE TO YOU, INCLUDING ANY ORGANIZATIONAL POLICIES OR PROCEDURES.
Termination. SGB reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the LIG Materials at any time, with or without prior notice, and to seek any remedies available to it at law, in equity, or under the Terms of Service.
- No Medical Advice; Other Important Disclaimers. The Option B Materials are intended only to provide information and community support. The Option B Materials are not intended to be and are not a substitute for professional medical advice, diagnosis, or treatment. Nothing on OptionB.Org should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others.
OptionB.Org is not moderated by licensed or qualified healthcare professionals. For expert advice, please visit Crisis Text Line or National Suicide Prevention Lifeline. SGB makes no representations or warranties of any kind as to the accuracy, currency, or completeness of the Option B Materials made available through OptionB.Org or any OptionB.Org group. Inclusion of Option B Materials on our Sites does not mean that SGB supports or recommends a specific treatment, drug, healthcare professional, test, or other information. Do not rely solely on the Option B Materials to diagnose or treat a health problem or to delay or decline to seek medical or professional advice. We are not responsible or liable for any decisions you may make in reliance on the Content. You should consult a doctor or other qualified health care professional regarding any questions you have about your health or before making any decisions related to your health or wellness. THE SERVICES ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE, INCLUDING MENTAL HEALTH CARE.
IF YOU OR SOMEONE YOU KNOW IS IN CRISIS AND NEEDS IMMEDIATE HELP, PLEASE CALL 911 OR CONTACT Crisis Text Line or National Suicide Prevention Lifeline.
- Licensed Healthcare Professional. SGB recognizes the importance of having various types of users participate on OptionB.Org, including patients, caregivers, and licensed healthcare professionals.
If you are a doctor or other qualified or licensed healthcare professional, you should not offer any medical advice, diagnosis, or treatment on OptionB.Org to any users or otherwise engage in the practice of medicine or practice of your respective healthcare license or credentials. You should not use OptionB.Org as an opportunity to recruit patients for your respective practice, to otherwise engage in advertising or marketing of your practice, or to refer users to other third parties for medical treatment.
You should not allow the content of OptionB.Org to be a substitute for your own medical judgment, which you should exercise in evaluating the information on OptionB.Org. Please thoroughly review the information provided on OptionB.Org before deciding whether any of the products, services or treatments mentioned are right for you or others.
Interactive Areas. OptionB.Org may feature interactive tools, journals, personal pages, message boards and other public forums where users with similar interests, experiences, or health issues can share information and support one another or where users can post questions for others to answer ("Interactive Areas"). By using such features, you acknowledge and agree that the information contained therein, including responses from other users, is intended solely for general informational purposes and is not intended nor implied to be a substitute for professional medical advice relative to any specific health condition or issue. We do not guarantee monitoring or authentication of the information contained in any such Interactive Areas. By submitting communications or content to any Interactive Area, you agree that such submission is non-confidential for all purposes.