Last Updated: May 24, 2018.
We do not collect Personal Information about you unless you choose to provide us with such information. Personal Information is information that identifies you as a particular individual, such as your name, mailing address, phone number, or e-mail address. When you contact us to ask questions or request information, we may collect Personal Information about you such as your name and e-mail address.
The information you provide us may be used to create and deliver to you emails such as our newsletters or other email messages containing news, information or announcements (“Emails”). If you prefer not to receive such Emails, please do not register to receive these Emails. If you do register and later decide that you would no longer like to receive these Emails, see the Review, Update or Delete Your Information Section below.
We do not share your Personal Information with any third-parties unless: (1) we determine that an applicable law, regulation or legal process requires it, (2) in response to a court order or a request from law enforcement personnel or another governmental authority, or (3) if we determine that we need to share your Personal Information with others to protect or enforce our rights under the Terms and Conditions of the Site or protect other users of the Site.
If you do not wish to have your information shared in this way, please email us anytime at email@example.com. Please note that changes to your preferences may not be effective immediately and will only be effective prospectively.
We may collect non-personal information, or data in a form that does not, on its own, permit direct association with any specific individual. For example, we may collect and store details of how you use our Site. This “usage data” is limited to information related to your interactions with the Site, including time spent on the Site and changes made while logged onto the Site.
We do not link our cookies or your IP address to any of your Personal Information. We may aggregate this data with that of other users on the Site and analyze it to improve the Site. We may share aggregated data with potential partners in connection with the promotion of the Site. However, this aggregated data does not include your Personal Information.
We also use Facebook Analytics to record events and understand how users are utilizing our site. Similarly to the operation of the Google Anaylitics services, Facebook receives information from our site to provide measurement services and they reserve the right to utilize the information for ad targeting. Note that Facebook allows users to opt-out of which companies can utilize their information, by visiting the following link https://www.facebook.com/settings?tab=privacy.
Again, you can choose to remove or disable cookies in your browser settings and you may use browser extensions with our site that limit the ability of third parties to set certain types of cookies, including those from Google and Facebook.
Please be aware that we do not currently honor “do not track” requests.
Although we take reasonable measures to help protect your Personal Information, we do not guarantee or warrant that such measures will prevent unauthorized access to your Personal Information. Transmissions on the Internet cannot be made absolutely secure. Accordingly, we cannot guarantee the security of our databases and we assume no responsibility or liability for disclosure of information you supply us due to errors in transmission, unauthorized third-party access, or other causes beyond our reasonable control.
We will not knowingly collect Personal Information from children under age 13.
The Site may contain links to third-party websites. We do not control the privacy policies of third parties that have websites linked to the Site. If you click on a link, the privacy policies of the website that you link to will govern the use of your information by that website’s operator. We assume no responsibility or liability for the actions of third parties with respect to their use of your information. Accordingly, we encourage you to learn about, and make sure you are comfortable with, the privacy policies of any third-party websites to which you link.
The information you provide us may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where data protection laws may be different from those of your jurisdiction. By providing information on the Site, you hereby expressly consent to such a transfer for the purposes described herein.
For the purposes of the remainder of this section, references to “you” refer to users of the Site located within the European Economic Area (“EEA”) or other non-U.S. territories.
For users of the Site located within the EEA or other non-U.S. territories, please note that any information you provide on the Site will be transferred outside the EEA or such other non-U.S. territory for use by us as described herein, which we deem to be a legitimate interest under Article 6(1)(f) of the European Union’s General Data Protection Regulation (“GDPR”).
The GDPR and other applicable data protection laws provide certain rights for EEA residents. You are entitled to review the Personal Information we hold about you as well as details on how we process such Personal Information. You also have a right in accordance with the GDPR to have your Personal Information corrected or erased, to restrict our processing of that Personal Information, to stop unauthorized transfers of your Personal Information and, in some circumstances, to have your Personal Information transferred to another organization designated by you. You also have the right to lodge a complaint in relation to our processing of your Personal Information with your local supervisory authority. If you do not request to have your Personal Information erased, it may be maintained by us indefinitely.
If you object to the processing of your Personal Information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.
Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above. Please note that even after you have chosen to withdraw your consent, we may continue to process your Personal Information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.
If you would like to review, update, change, or delete information that we have collected from you, please send an e-mail to firstname.lastname@example.org. Please note that changes may not be effective immediately and will only be effective prospectively.
If you would like to terminate your account, please send an e-mail to email@example.com. Please note that we may retain all content and data provided by you for purposes of complying with applicable laws.
Justin Jacobs, Jr. Charitable Trust
Attn: Cynthia R. Rowland
235 Montgomery Street
San Francisco, CA 94104
Last Updated: May 24, 2018.
Welcome to The Day The Universe Stopped Expanding Website (the “Site”), owned and operated by the Justin Jacobs, Jr. Charitable Trust (“the Trust,” “we,” “us,” or “our”). We provide the content and services available on the Site to you subject to the following Terms and Conditions (the “Terms”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.
Note that Section 10 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
We reserve the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site. By continuing to access or use the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
Furthermore, we will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted personally identifiable information and the parent or guardian wishes to have it deleted, please contact us.
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or the proprietary property of our licensors, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, or (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary right, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at firstname.lastname@example.org.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.
“The Day The Universe Stopped Expanding,” and any other The Day The Universe Stopped Expanding service names, logos or slogans that may appear on the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “The Day The Universe Stopped Expanding” or any other name, trademark or service name of The Day The Universe Stopped Expanding without our prior written permission.
We may display content, advertisements and promotions from third parties through the Site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the Site or the method by which we provide our services to our users, including:
By using the Site, you agree to defend, indemnify and hold harmless The Trust, its affiliates, licensors and service providers, and its and their respective Trustees, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively the “The Trust Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of our Content, information and services other than as expressly authorized in these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TRUST OR ANY OF THE OTHER THE TRUST PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE TRUST, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE TRUST’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE TRUST AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and The Trust agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND THE TRUST AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND THE TRUST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
If you elect to seek arbitration or file a small claims court action, you must first send to The Trust, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: Justin Jacobs Jr. Charitable Trust, Attn: Cynthia R. Rowland, 235 Montgomery Street, San Francisco, CA 94104 (the “Notice Address”). A Notice, whether sent by you or The Trust, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated (the “Demand”). If The Trust and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or The Trust may commence an arbitration proceeding or, if applicable, file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
YOU AND THE TRUST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Trust agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your or The Trust’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable. If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to Section 12 below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms: all defined terms and Sections 4 through 13.
These Terms constitute the entire agreement relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights and privileges under these Terms (including any information provided by you to us), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.