TERMS OF USE

Thank you for visiting the website of Arrowhead Community First (“ACF”). These Terms of Use (“Terms”) govern your use of the website located at https://arrowheadcommunityfirst.com (“the Site”).

YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THIS SITE SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THE SITE.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have related to your use of the Site on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PURSUE CLAIMS IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. Use Restrictions

You agree not to use the Site for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Site. You further agree not to use the Sites in any manner that:

a.   copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;

b.   is intended to obtain unauthorized access to the Sites, any portion thereof, or any server(s) or devices on which the Sites or any related data or information is stored;  

c.   infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);

d.   consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

e.   causes us to lose (in whole or part) the services of our internet service providers or other suppliers;

f.    links to materials or other content, directly or indirectly, to which you do not have a right to link;

g.   is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically; otherwise objectionable, as determined by Arrowhead Community First in its sole discretion; or

h.  violates, or encourages anyone to violate the Terms, any ancillary terms and conditions listed on the Sites, or the Privacy Policy.

2. Accuracy of Information/Misrepresentation

You agree, as applicable, to provide ACF with accurate information and not to impersonate or otherwise falsely identify yourself or your association or affiliation with any person, organization, or entity.  We reserve all rights and privileges to review and verify all identifiable information in a manner permitted by law.  If we find that the information you have provided us is inaccurate or we determine, at our sole discretion, that you are attempting to impersonate a real or non-existent person, we reserve all rights to indefinitely halt all ACF services to you and take the matter to arbitration, as described in section 11. Dispute Resolution. 

3. Disclaimer of Warranties

ACF DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE SITES. YOU SHOULD NOT ACT UPON THE INFORMATION SET FORTH ON THE SITES WITHOUT FIRST SEEKING PROFESSIONAL COUNSEL. UNDER NO CIRCUMSTANCES WILL ACF BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE SITES.  

YOU UNDERSTAND AND AGREE THAT THE SITEIS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. ACF DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACF OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

4. Termination

We reserve the right to restrict, modify, suspend, or terminate your access to the Sites, with or without cause or prior notice, at any time, and without any liability to you. 

5. Privacy

ACF views the protection of your privacy as an important responsibility. Personally Identifiable Information (“PII”) and other information collected on or in connection with the Site will be used and processed as described in our Privacy Policy, which can be found at https://arrowheadcommunityfirst.com/privacy-policy.  By using the Sites, you consent to the collection and use of your PII by us as described in the Privacy Policy.

6. Age Limitation

The Site is not intended for use by persons under the age of 13. ACF does not knowingly collect information from visitors under the age of 13 and, in the event that we learn that a person under the age of 18 has provided ACF with PII, we will delete such PII. 

7. Limitation of Liability

In no event shall ACF be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not ACF is advised of the possibility of such damages. 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH ACF IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICES OFFERED BY ACF. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

8. Dispute Resolution

By using the Site, you and ACF agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Arrowhead Community First, 130 E. Alton Ave., Santa Ana, CA. 

Both you and ACF agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE METHOD FOR RESOLVING SUCH DISPUTE WILL BE BY BINDING ARBITRATION. will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be submitted to Judicial Arbitration and Mediation Services (JAMS) for binding arbitration in Los Angeles County under its rules then in effect before one arbitrator to be mutually agreed upon by both parties.

In the event the parties cannot agree to an aribtrator, they will request a list of 7 arbitrators from JAMS and will go through an alternating strikeout process until only one arbitrator remains.  The party that gets the first strike will be determined by a coin flip. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. 

The cost for arbitration shall be split evenly (50%/50%) between the parties to the arbitration. The arbitrator may award the prevailing party attorney’s fees and costs.  

9. Choice of Law and Forum

You agree that the laws of the State of California shall apply to any claim or dispute that you may have related to the Site, without regard to conflict of laws rulesNotwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). 

10. Modification

We reserve the right to modify these Terms at any time. Your continued use of the Site after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Updated ”at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Sites.

Last Updated: March 14, 2021