Effective Date: June 30, 2020
You must accept these Terms to create a WhiteFlag account and to access or use the Services. If you do not have an account, and if you do not accept these terms, you may not use the Services.
The Services provided are not, and are not intended as, a substitute for qualified professional advice, guidance, counseling, rehabilitation or treatment. IF YOU ARE HAVING SUICIDAL THOUGHTS OR PLANNING TO ACT ON SUICIDAL THOUGHTS, OR IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL OR MENTAL HEALTH EMERGENCY OR SEVERE MENTAL HEALTH CONDITION, OR IF YOU ARE IN A CRISIS OR TRAUMA OR ABUSE, PLEASE DISCONTINUE USE OF THE SERVICE IMMEDIATELY AND CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER.
2. ELIGIBILITY; USE OF THE SERVICES
By using our Services, you represent and warrant that:
You are at least 18 years of age;
You are legally qualified to enter a binding contract with WhiteFlag;
You are seeking receive and/or provide community mental support to/for others;
You are not prohibited by law from using our Services;
You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services;
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
You are not on any list of individuals prohibited from conducting business with the United States.
If at any time you cease to meet these requirements, you must immediately delete your account.
You may only connect to the Services using (i) our mobile applications or (ii) our websites (each, an “Authorized Connection”). Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact info@Whiteflagapp.com.
3. CREATING AN ACCOUNT
Full use of the Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. WhiteFlag is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Customer Support at info@Whiteflagapp.com if you discover or suspect any security breach related to the Services or your account.
4. NECESSARY EQUIPMENT
Full use of the Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges.
5. POSTING YOUR CONTENT ON THE SERVICES
WhiteFlag may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“User Content”) to and via the Services. You retain all rights to User Content that you post to the Services. By making User Content available on or through the Services you hereby grant to WhiteFlag a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Services and providing marketing and advertising for to you.
You are responsible for your User Content. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms.
You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
WhiteFlag may, in its sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.
6. OUR RIGHTS
“WhiteFlag Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. WhiteFlag Content, the Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the WhiteFlag Content. Our logos and any other WhiteFlag trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. WHAT YOU CAN DO ON THE SERVICES
The Services are intended for your personal, noncommercial use.
WhiteFlag grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access and view the WhiteFlag Content, and (3) access and use the software and mobile applications provided by or through the Services. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the WhiteFlag Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WhiteFlag or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use WhiteFlag’s name, any WhiteFlag trademark or logo, or any WhiteFlag proprietary information without WhiteFlag’s express written consent; (2) access or tamper with non-public areas of the Services, WhiteFlag’s computer systems, or the technical delivery systems of WhiteFlag’s providers; (3) test the vulnerability of any WhiteFlag system or breach any security or authentication measures; (4) circumvent any technological measure implemented by WhiteFlag or any of WhiteFlag’s providers or any other third party (including another user) to protect the Services; (5) access the Services or WhiteFlag Content through the use of any mechanism other than through the use of an Authorized Connection or the Services; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that WhiteFlag provides to you or any other part of the Services.
Although we monitor the use of our Services, WhiteFlag may contain explicit material uploaded by users. Please exercise caution when using WhiteFlag for yourself or if authorizing the usage for others. We are not responsible for any direct or indirect exposure to explicit images or comments. If you do see explicit material via our Services, please report it at info@Whiteflagapp.com or other appropriate authorities immediately.
If you receive questions that make you feel uncomfortable, please ignore them, block them using the app, or report them at info@Whiteflagapp.com. Please do not engage in conversations with people that make you feel uncomfortable in any way. If you are harassed in any way, please report it at info@Whiteflagapp.com or other appropriate authorities immediately.
WhiteFlag is committed to maintaining a safe environment for all users. All reports will be taken seriously, and appropriate action will be taken, if necessary.
Please note that if we become aware of any incidents of cyber bullying or consider that any individual is likely to cause harm to themselves or others we may report such incidents to the appropriate authorities or social workers at our sole discretion.
9. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable your access to the Services, any WhiteFlag Content, or User Content at any time and without notice, and at our sole discretion, if we determine that the WhiteFlag Content, your User Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
10. USE THE SERVICES AT YOUR OWN RISK
If you rely on any WhiteFlag Content or the Services, you do so solely at your own risk.
Our goal is to provide helpful connections with your peers, but we make no endorsement, representation, or warranty of any kind about any WhiteFlag Content, Services, or any information or advice that you may receive through use of the Services. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information or advice you receive through the Services. WhiteFlag Content and the Services may change from time to time. Use of the Services should not replace your good judgment and common sense.
11. NO MEDICAL ADVICE
THE SERVICES AND ANY CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. Please seek the advice of a qualified health care professional for medical or health related issues.
12. DMCA/COPYRIGHT POLICY
WhiteFlag respects the intellectual property of others and expects its users to do the same. It is WhiteFlag’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
If you are a copyright owner or an agent thereof and believe that any User Content or WhiteFlag Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement relating to User Content or WhiteFlag Content is: Riley Pope & Laney, LLC, Attn: Bill Killough, 288 Meeting Street
Charleston, SC 29401. Only DMCA notices and notices relating to complaints in connection with claimed infringement relating to User Content and WhiteFlag Content should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be sent via email to info@Whiteflagapp.com.
13. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by WhiteFlag, or obtained from sources other than you.
14. ALERTS AND NOTIFICATIONS
As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
15. THIRD-PARTY SERVICES
16. CHANGES TO THE SERVICES
WhiteFlag may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. WhiteFlag is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by WhiteFlag without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove User Content and other information related to your account. You may close your account at any time using the app or by contacting us at info@Whiteflagapp.com. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 20, 21, and 22.
THE SERVICES AND WHITEFLAG CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or WhiteFlag Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services, any WhiteFlag Content, or any information or advice you obtain by using the Services.
You, for yourself and on behalf of your heirs, agents, assigns, personal representatives and next of kin, will indemnify and hold harmless WhiteFlag and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL WHITEFLAG BE LIABLE FOR THE ACTIONS OF USERS OF THE APP. WHITEFLAG DISCOURAGES USERS FROM PROVIDING PERSONAL INFORMATION OR ATTEMPTING TO CONTACT OR MEET OTHER USERS OUTSIDE OF THE APP.
NEITHER WHITEFLAG, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHITEFLAG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WHITEFLAG’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WHITEFLAG FOR USE OF THE SERVICES, OR TEN DOLLARS ($10) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WHITEFLAG, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHITEFLAG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and WhiteFlag arising out of or relating to these Terms, the Services, the WhiteFlag Content, or any other WhiteFlag products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against WhiteFlag, you agree to try to resolve the Dispute informally by contacting us at info@Whiteflagapp.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or WhiteFlag may bring a formal proceeding.
We Both Agree To Arbitrate: You and WhiteFlag agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us at info@Whiteflagapp.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Denver, Colorado, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. WhiteFlag will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or WhiteFlag may assert claims, if they qualify, in small claims court in Denver, Colorado. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights, including the WhiteFlag Content) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with WhiteFlag on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and WhiteFlag agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Denver, Colorado. Both you and WhiteFlag consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
22. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between WhiteFlag and you regarding your use of the Services and the WhiteFlag Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WhiteFlag and you regarding your use of the Services and the WhiteFlag Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services and the WhiteFlag Content. When you use the Services and the WhiteFlag Content after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without WhiteFlag’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. WhiteFlag may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by WhiteFlag under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or text message, or (ii) by posting to the WhiteFlag website. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
WhiteFlag’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WhiteFlag. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at info@Whiteflagapp.com or at our mailing address below.
WhiteFlag App, Inc.
3575 Ringsby Court, Suite #319
Denver, CO 80216