These Terms set forth the legally binding terms and conditions that govern your use of REES. By accessing or using the Sites, you are accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Sites.
- Changes to Terms
1.1 These terms might change.
1.2 If you provide us an email, we will let you know before we make any significant changes that impact you or your use of REES. If you keep using REES after you receive notice from us that the terms have changed, then this means you have accepted those changes and they will be binding on you.
1.3 Prior notice of changes: REES may update these Terms of Service from time to time by providing you with prior written notice of material updates at least thirty (30) days in advance of the effective date. Notice will be given via an email to the email addresses provided in the Opt-in section of the platform. This notice will highlight the intended updates. Except as otherwise specified by REES, updates will be effective upon the effective date indicated at the top of these Terms of Service. The updated version of these Terms will supersede all prior versions.
1.4 Your Acceptance: Following such notice, your continued access or use of REES on, or after the effective date of the changes to the Terms, constitutes your acceptance of any updates. If you do not agree to any updates, you should stop using the Services and delete your Account.
1.6 Exceptions: REES may not be able to provide at least thirty (30) days prior written notice of updates to these Terms that result from changes in the law or requirements from telecommunications providers.
Creating Your Account
- You must create an account to Create a Record in the REES platform. Once an account is created you have full access to the reporting options.
- Passwords and passphrases required in REES are not recoverable and should be safely stored by the user.
- Reporting is limited to historical sexual violence incidents.
- REES is not for reporting any immediate safety concern, requiring access to medical attention or to obtain immediate police assistance. Users should call 911 for any immediate safety need.
2.5 Reporting is limited to individuals that are members of the community or employees as determined by the Tenant.
2.6 You cannot Send a Report or create an RPI entry for someone else, use a false name or impersonate another person.
2.7 All Records are encrypted and cannot be accessed REES.
2.8 You are solely responsible for all use (whether or not authorized) of the platform under your user account(s). You agree to take all reasonable precautions to prevent unauthorized access to, or use of, your account and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use.
- Limits to Liability
3.1 REES is intended for users over age 16. For users that have not reached the age of majority, a Report may result in mandatory reporting by the recipient to Child Protective Services.
3.2 If a user is reporting to police sexual violence that occurred within an intimate partner or dating relationship, police may have a requirement to investigate an incident of domestic violence.
3.4 You can delete an account and Record. You cannot delete a submission to a Reporting Option after it has been submitted.
3.5 You can delete a Repeat Perpetrator Identification entry however if a match has already been made, this action cannot be reversed.
- Your Data
4.1 All Reporting Option submissions automatically generate an Anonymous Report. The data from Anonymous Reports are compiled in aggregate form and provided back to the organization at regular intervals.
Email and SMS are insecure by their nature, so please keep that in mind if you are contacting us about REES. Please do not include sensitive information.
4.2 Use of Personal Data
“Personal Data” consists of data and other information made available to us by or for you through the use of REES under these Terms.
4.3 Anonymous Reports cannot be deleted.
- Customer Responsibilities, Restrictions and Requirements
5.1 REES prohibits the following:
- access, tamper with, or use non-public areas of the platform, REES’s computer systems, or the technical delivery systems of REES’s service providers or access our APIs via any means other than through the intended use of the REES platform and website
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any infrastructure, server configuration or private keys of REES or its users
- access or search or attempt to access or search our platform database by any means (automated or otherwise); scrape, spider, use a robot, or use other automated means of any kind to access the website, platform or services
- in any way use the REES services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as REES); or interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.
- Changes to Services
6.1 We are always looking to innovate and make our services better, so our APIs may change over time. We will let you know in advance if any API changes aren’t backwards-compatible.
The features and functions of the REES may change over time.
6.2 Although we try to avoid making changes to the Services that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to let you know at least sixty (60) days prior to implementing those changes.
- Fees, Payment Terms
7.1 There are not costs to survivors to create an account, store a Record or submit a Report using REES.
- Ownership and Confidentiality
8.1 What’s ours is ours, and what’s yours is yours. Please let us know what you think about the REES platform and our services. If you share ideas and we incorporate them into our platform, thank you for helping us with a useful idea.
8.2 As between you and REES, we exclusively own and reserve all right, title and interest in and to the Services, Documentation, our Confidential Information and all anonymized or aggregated data resulting from use and operation of the Services and that do not identify a natural person as the source of the information, as well as any feedback, recommendations, correction requests, or suggestions from you or any end user about the Services (“Contributions”).
8.3 As between you and REES, you exclusively own and reserve all right, title and interest in and to your User Account, User Data, Survivor Record and any personal information. You can delete a Record or account at any time.
8.4 Suggestions and Feedback (Contributions): We welcome your Suggestions and/or Feedback about the Services. Please know that by submitting Suggestions and/or Feedback you agree that: (a) we are not under any obligation of confidentiality with respect to your Contributions; (b) we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way; (c) we own your Contributions; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
9.1 "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure.
9.2 Compelled Disclosure. REES may be asked to disclose your Confidential Information pursuant to a regulation, law or court order. REES cannot verify the identity of users who Create an Account and store a Record. REES does not have access to an individual survivors’ encrypted Record, Narrative or RPI entry and cannot retrieve these Records.
- Term, Termination
10.1 These terms become effective on the day you select to “Create a Record” or when you or someone else starts using our services under your customer account.
10.2 Term: These Terms, as may be updated from time to time, will commence on the date they are accepted by you.
10.3 Termination: You may close your REES account(s) for any reason
- Links to Resources
11.1 Links to Third Party Resources: REES utilizes third-party websites, MailChimp and SendGrid, to assist with email distribution.
11.2 REES provides information, including links to other websites, in an effort to provide resources and supports to survivors. They may have privacy policies that differ from REES and we suggest you read their terms and conditions and privacy policies.
- REES’s Rights and Licenses
12.1 Our Rights to Our Platform and Services
All right, title, and interest in and to the REES platform and services including our website, our future applications, our databases, and the content our employees or partners provide through our website and services are and will remain the exclusive property of REES.
12.2 Unauthorized use of the REES name or any of the REES trademarks, logos, domain names, and other distinctive brand features is prohibited.
- Representations and Warranties
13.1 No Guarantee of Continued Service
REES may decide to cease making available the REES platforms, website, or services or any portion of the services at any time and for any reason. Under no circumstances will REES or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.
REES is not an archiving service. You are solely responsible for keeping backups of all information you submit on the REES platform.
We will not be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control.
13.2 As Is Service
Use of the REES platform, website and services is at your own risk. These (including the content you find) are provided on an “AS IS” and “AS AVAILABLE” basis. REES and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
13.3 User Records and Repeat Perpetrator Identification (RPI)
REES is a reporting platform and does not make any representation about the allegations by users on the sites.
13.4 No Warranty
REES and its affiliates, suppliers, partners and agents make no warranty that (i) its website, platform or any services provided will meet your requirements; (ii) the website, platform or services will be uninterrupted, timely, secure or error-free or that REES will fix any errors; (iii) you will obtain any specific results from use of the website, platform or services; or (iv) any content on the website, platform or services is accurate, complete, reliable, current or error-free. Any content obtained through use of the website, platform or services is obtained at your own discretion and risk and REES shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the website, platform or services.
13.5 No Waiver
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.
13.6 No Assignment
These Terms, and any rights and licenses granted to you under these Terms, may not be transferred or assigned by you, but may be assigned by us to another organization, company or person without restriction.
13.7 Limitation of Liability
To the fullest extent permitted under law, REES Technology Group Inc. and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the website, platform, or services, or any content provided, even if we have been advised of the possibility of such damages in advance.
This limitation applies to damages arising from (i) your use or inability to use the website or platform and access the services; (ii) unauthorized access to or alteration or distribution of content you submit through the platforms; (iv) third party content made available to you through the platform or services; or (v) any other matter relating to any aspect of the website, platform or services, including any future applications, email communications, and REES content on third party sites.
Some countries and provinces do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you. Notwithstanding anything to the contrary contained herein, REES’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100).
You agree to indemnify, defend and hold harmless REES Technology Group Inc. and its affiliates, suppliers, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the information you post or submit, your use of and connection to the REES website, platform, applications, or services, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the website, platform and services.
13.9 Termination and Survival
Some Terms survive deletion of your account. These include Sections 1, 3-5, 8, 9, 12-14.
- Dispute Resolution
If a court having proper authority decides that any portion of these terms, policies, and guidelines are invalid, only the part that is invalid will not apply and the rest will still be in effect.
In the event of any dispute between you and us arising from, or relating to, these Terms or your use of the REES platform, website or service, we shall use our respective best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute,” specifically setting forth the precise nature of the dispute. Please send any Notice of Dispute to us via email at email@example.com
Following REES’s receipt of the Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties.
If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent claim, legal proceedings, or litigation arising in connection with the REES services will be brought solely in the provincial courts located in Winnipeg, Manitoba, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
14.2 INDIRECT CONSEQUENTIAL AND RELATED DAMAGES. EXCEPT FOR DAMAGES ARISING FROM BREACH OF YOUR OBLIGATIONS UNDER SECTION 5 (CUSTOMER RESPONSIBILITIES, RESTRICTIONS AND REQUIREMENTS), IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
14.3 LIMITATION OF LIABILITY. EXCEPT FOR DAMAGES ARISING FROM BREACH OF YOUR OBLIGATIONS UNDER SECTION 5 (CUSTOMER RESPONSIBILITIES, RESTRICTIONS AND REQUIREMENTS) AND EXCEPT FOR AMOUNTS PAYABLE UNDER A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13.8 (INDEMNITY) OF THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT, AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION 7 (FEES, PAYMENT TERMS) ABOVE.
14.4 EMERGENCY SERVICES DISCLAIMER. NEITHER REES NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD REES HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES, AS DEFINED IN SECTION 2.4 ABOVE. REES SHOULD NOT BE USED FOR CONTACTING EMERGENCY SERVICES.
- How to Contact Us
We would love to hear your questions, concerns, and feedback about these Terms and our website, platform, and services. If you have any questions or suggestions for us, or need help, feel free to contact our support team at firstname.lastname@example.org. Because email communications are not always secure, please do not include sensitive information in your messages to us.