Terms of Use

Parity.org Terms of Use

Last updated: June 28, 2019

This is an agreement between Parity.org (“Parity”) and our users. It governs your access and use of the Parity website www.Parity.org, including without limitation, the ParityPledge and the JOBoard, and information communicated through a ParityINDEX dashboard  (“Sites”) and any services provided by Parity (“Services”).  Throughout these Terms of Use, we will refer to ourselves as “Parity,” “we,” “our,” or “us.”  “You,” “your,” and “users” refers to anybody using the Sites or Services, whether in an individual capacity or on behalf of an organization or corporate entity.

These Terms of Use are binding for all users of our Sites and Services. Please read these Terms of Use (“Terms”) carefully and note that we may change the Terms from time to time, as explained below.

Privacy Policy

Please review our Privacy Policy, which is incorporated in full as part of these Terms. Our Privacy Policy explains what data and/or personal information we collect about you, how we use your data and/or personal information and your rights with respect to such data and/or personal information.  If you participate in the ParityINDEX, our Privacy Policy also explains what personal information we collect about employees of organizations we provide Services to through the ParityINDEX.

Your Agreement to These Terms

By using our Sites and Services, you acknowledge and agree that you have read these Terms. You agree that all disputes with us will be resolved through arbitration, as discussed in greater detail below. You accept and agree to be bound by these Terms.

Our Sites and Services are for adults and are not suitable for people under 16. If you are under the age of 16, please do not use our Sites and Services.

Compliance with Applicable Laws

As a condition of your access to and use of our Sites and Services, you agree that you will not use the Sites and Services for any purpose that is unlawful or prohibited by the Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by the Terms.

Information Security

We use various methods to ensure the protection of your personal information against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access. While these methods are considered to be effective, we do not guarantee the protection of your personal information as no data transmission over the Internet can be guaranteed to be completely confidential or 100% secure. You use our Site and provide all such personal information at your own risk.

Links to Third Party Services

Sometimes we may post links to other sites. We cannot control the content on other sites, and we are not responsible for the content on those sites. By linking to such sites, we do not necessarily agree with or endorse the content or owners of those sites. Please be aware that the content of those sites may also change from time to time. Even if we linked to a third party’s site, we are not responsible for the linked content.

Communications Between You and Parity

If you sign up for our email list, create an account, make a donation, take the ParityPledge® or participate in the ParityINDEX®, you agree that we may communicate with you from time to time regarding our Sites and Services, including by receiving emails, text messages, and other electronic communications from us. You agree that the text and electronic messages we may send to you constitute communications “in writing.”

Intellectual Property

Parity.org, ParityPledge and ParityINDEX are trade names, trademarks and/or service marks of Parity.org.  These names and marks may not be used in connection with any unauthorized product or service in any manner that is likely to cause confusion among users, or to disparage or discredit Parity.org.  All other trade names, trademarks and service marks not owned by Parity.org that appear on the Sites are the property of their respective owners.  You many not use, copy, modify, or display any of the trade names, trademarks, or service marks appearing on the site without the written permission of the owner thereof.

All of the content on our Sites, including but not limited to, works of authorship, articles, photographs, pictures, graphics, video, audio, text, logos, software, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on the Sites, are the property of Parity and are protected by United States and international copyright and other intellectual property laws.

Parity does not grant to you a license or right in or to any copyright, trademark or proprietary right of Parity.org or any other person or entity.

Authorized Uses

We grant you a non-exclusive, non-transferable, revocable license to access our Sites and Services, as long as you agree with these Terms.

You may not sell, commercially exploit, or otherwise transfer information you receive from Parity to any third party without notice to and approval in writing from Parity, except that you may provide the information to your service providers or consultants for use as you direct.  If you publicly distribute or make available to others outside of your organization content or other information that uses or cites to content or information you have accessed from the Sites or received from Parity, you must attribute Parity.org and, if applicable, any third party cited by Parity, as the source(s) of such content or information.

You agree you will not interfere with others’ use of the Sites and will not attempt to gain unauthorized access to the computer system of any other Site user, including the human resources databases accessed by Parity. You further agree not to take any other action when using the Sites that violates any applicable law, rule or regulation.

International Users

If it is against the law to use our Sites where you are, or if it is unlawful to transfer your data, including the data of your employees, to the United States, do not use our Sites.

Indemnification

You agree to indemnify and hold harmless Parity, its officers, directors, employees, and agents for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations above; (iii) your violation of the rights of any third party, including any right of privacy; (iv) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable labor, employment, or anti-discrimination laws, and any applicable data protection or privacy laws; (v) any other party’s access and use of the Sites with your unique username, password or other appropriate security code; or (vi) your breach of these Terms.

Arbitration of Legal Disputes

PLEASE READ THIS SECTION CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  THESE PROVISIONS ALSO INCLUDE CERTAIN WAIVERS, INCLUDING WAIVERS OF CLASS ACTION SUITS OR ARBITRATION, AND WAIVERS OF THE RIGHT TO A JURY TRIAL.

You and Parity agree that any dispute or claim relating to Parity, these Terms, and/or any other aspect or issue concerning the relationship between you and Parity, whether pertaining to contract, tort, statute, common law, fraud, misrepresentation, or any other legal theory (“Dispute”) will be resolved in accordance with the provisions in this Arbitration of Legal Disputes section.

Arbitration – Waiver of Jury Trial, Class Arbitration  

The parties shall first attempt to resolve any Dispute informally, in accordance with procedures set forth below.  If informal resolution fails, all Disputes shall be resolved by final and binding arbitration before a neutral arbitrator, instead of in a court by a judge or jury or any other forum.  YOU AGREE THAT YOU AND PARITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.  YOU AGREE THAT ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT THERE SHALL BE NO CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER RESOLUTION VIA ANY CLASS MEMBERSHIP.

Procedure

If you become aware of a Dispute, you agree to promptly notify Parity in writing about the Dispute.  The notification shall describe the Dispute, explain the basis of your position with respect thereto, and include a description of the relief or resolution you seek.  You may provide notification of a Dispute to Parity at [disputes@parity.org] or by mail addressed to [Parity.org, P.O. Box 20024, NY, NY 10011].

In order to allow us to try to resolve the Dispute informally, you agree to not initiate arbitration of any Dispute for at least 60 days from the date you first provide Parity with written notification of the Dispute.

If you and Parity are unable to informally resolve the Dispute, it shall be resolved by final and binding arbitration.  Arbitrations shall be administered by the American Arbitration Association under its then-applicable rules as modified by these Terms.  This means instead of bringing an action in court, you and Parity agree have our disputes settled by a neutral person appointed by the American Arbitration Association.

If you and Parity have to participate in arbitration, it will take place in San Francisco, California. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award damages on individual basis if required by statute and may order injunctive or declaratory relief pursuant to an applicable statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.  This arbitration clause will continue to be valid even if these Terms are no longer valid.

The arbitrator’s decision and award is final. You and Parity agree not to disclose anything about the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

Applicable Law

The law applicable to the interpretation and construction of these Terms and any Dispute shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of California.

Liability Disclaimer

WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES OR SERVICES AT ANY TIME.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITES OR SERVICES, OR INFORMATION ACCESSIBLE THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND SERVICES, AND INFORMATION ACCESSIBLE THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITES AND INFORMATION ACCESSIBLE THEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES OR SERVICES, THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Representations and Warranties

YOU REPRESENT AND WARRANT THAT ANY MATERIALS YOU SUBMIT TO US, INCLUDING THROUGH OUR SITES, AND ANY ACCESS TO EMPLOYEE DATA YOU PROVIDE TO US WILL NOT VIOLATE, PLAGIARIZE, OR INFRINGE UPON THE RIGHTS OF YOUR EMPLOYEES OR THIRD PARTIES, NOR WILL IT CONTAIN LIBELOUS OR UNLAWFUL MATERIAL. YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD.

Termination/Access Restriction

We reserve the right to prohibit you from visiting our Sites and Services and using our Services, without notice.

Changes to Terms

We may change these Terms from time to time. If we make any substantive changes to the policy, we will notify you by means of a prominent notice on the Parity.org website prior to the change becoming effective.  We will also post an updated version on our website.  Please check these Terms periodically for updates.

Miscellaneous

If you are in a location that does not permit any of the provisions in these Terms, you agree you will not use our Sites or Services.

The fact that you may use the Sites or Services does not mean that a joint venture, employment relationship, or partnership exists between or among us.

If any part of the Terms is invalid or unenforceable, the rest of the Terms will continue to be valid and enforceable.

The Terms, including portions that consist of links to other policies or statements, constitute the entire agreement between you and us with respect to the Sites and Services.

We may change, suspend, cancel, or cease to provide the Sites and Services, or any portion of them, at any time or for any reason. We may also remove or disable accounts in our sole discretion.

Contact Us

If you have any questions about Parity, or our Sites and Services, please contact us here:

Parity.org, P.O. Box 20024, NY, NY 10011 or info@parity.org