By accessing give2sfhousing.org and/or evohub.org and/or sfcvfund.org (collectively and individually, the “Site”) you are agreeing that your access and use of this Site is subject to the terms below (the “Terms of Service” and sometimes the “Agreement”):
The Terms of Service applies to and governs your use of this Site, a U.S. hosted site, and its applications and services, including but not limited to the application for housing assistance to the Give2SF COVID Relief Program (the “Application” and the “Program” respectively) and the Platform (collectively with the Site and the Application, the “Services”), notwithstanding how you are accessing these.
Q FOUNDATION grants you a personal, limited, non-assignable, worldwide, royalty-free, non-exclusive, revocable license to use the Site and Services for your sole personal and non-commercial use and for no other purpose if you are submitting an Application to the Program or for you to review, verify and process applications from the Application in the performance of your duties to the city or an organization that is operating the Program. You have no permission and are not to utilize and/or access the Site and/or Services to (i) vilify and/or harm, and/or aid, abet, encourage or incite violence or other injury against particular social groups and/or individuals (ii) aid, abet, and/or encourage any terrorist organization as such is defined by the United States in applicable laws (iii) misappropriate, copy or otherwise develop a competitive product and/or services, including but not limited to the Platform’s and Services’ concepts, content, ideas, features, functions, graphics and the “look and feel” of the Platform and/or the Services (iv) interact with minors (unless you are employed by a registered youth organization with a mission to aid minors in need and are doing so in the performance of your duties to such organization) (v) reverse engineer, copy, disable, deactivate, decompile, disassemble, disrupt, hack, modify, or otherwise harm and/or interfere with the functionality, performance, integrity and/or security of the Site, Platform and/or the Services, third party services or any third party content and/or feature on the Site, Platform and/or Services (vi) attempt to gain unauthorized access to any services, features and/or content of the Platform and/or Services or any of the Platform’s Accounts (vii) utilize, transmit, upload or download any malware, virus or harmful technology (viii) impersonate any individual and/or entity or otherwise misrepresent your identity (ix) infringe or injure another party’s rights, whether under common law, statute or contract or (x) otherwise use the Site and/or Services in violation of any applicable law, regulation and/or ordinance.
All right, title and interest in and to the Site, Platform and Services, excluding any content made available by users and third parties (including the phrase and logo “Give2SF”), including but not limited to the idea, concept, features, functions, graphics and “look and feel” of the Site, Platform and Services, their UI, UX, underlying code, underlying algorithms, Q FOUNDATION trademarks, tag lines, logos and any other distinctive Q FOUNDATION or platform branding, including but not limited to the “EVO Platform” and the “Equity Visualization and Optimization Platform”, shall remain the exclusive property of Q FOUNDATION (“Q Foundation IP”). Your access and use of this Site and Services does not provide you any rights, title and/or interest in and to the Q Foundation IP. Nothing herein is intended to create any right, title and/or interest to the phrase “Give2SF”, including but not limited to any trademark or domain name rights and its accompanying design; which, as between the parties, shall remain exclusively with the City of San Francisco.
You will review the eligibility criteria for the Program before you submit an Application and only apply if you in good faith believe you meet the requirements, including but not limited to age, income and residency.
You represent and warrant you will not impersonate any individual or entity or mislead any applicant as to your and your organization’s identity. If you are utilizing the Site and Services for the Application, in order to apply for the Program, you represent and warrant that all the information you provide us about yourself and your household in the Application, including but not limited to your identity, income, health, financial, location, contact and other information is true and accurate to the best of your knowledge.
You represent and warrant that any documents you provide to us, including but not limited to financial, housing, health and identity documents are accurate and authentic. If you are providing us with photocopies, you must notify us accordingly. You represent and warrant that any documents you provide to us are your and/or your household’s documents.
Multiple applications will not increase your chances of receiving assistance from the Give 2SF program or from any of our other programs and may impede your chances of obtaining assistance, including but not limited to causing delays in the review and processing of your Applications through this Site and/or our Services.
Q Foundation operates a number of programs and when you make an Application, we can apply on your behalf for other programs you may be eligible for. Unless you expressly contact us that you only want to apply to the Program, you give us permission by submitting an Application through the Site for the Program (rather than by other means) to apply on your behalf to any and all of our Programs that you may be eligible for. Nothing herein obligates Q Foundation to apply on anyone’s behalf for any program or creates any rights against Q Foundation.
Q Foundation provides no guarantees and expressly disclaims any guarantee that your selected organization will review and process your application through the Application or by any other means. This may be due to the particular organization’s caseload or for any other reason.
You acknowledge, understand and agree that you are providing sensitive personally identifiable, financial, health and housing information in order for us to verify that you are eligible for the assistance you are requesting and to provide to you assistance you are eligible for. You acknowledge, understand and agree that you will also need to verify the information you are providing by submitting identity, health, financial and other documents in order to receive your requested assistance. You acknowledge, understand and agree that we may access, review, verify and process your application for the Program and all relief and assistance programs you are eligible for (unless you have expressly stated otherwise) in order to review, verify, and either deny or provide you your requested assistance through your Application or other assistance through another program that you are eligible for. You additionally acknowledge, understand and agree that in order to provide you assistance, we need to share your information and documents as necessary with third parties, including participating organizations for programs that you are eligible for. If we are providing you rental relief, you consent to us communicating with your landlord that we are providing you rental relief, including providing a rental assistance agreement or a subsidy letter or a change in subsidy letter in order to provide the rental relief to you. You acknowledge, understand and agree that we may retain the information and/or documents that you submit and/or transmit through the Application, the Site and/or its Services, as needed to comply with applicable law, regulations and ordinances.
We do not guarantee and expressly disclaim that by submitting an Application you will receive your requested, or any, housing or other assistance from the Program you apply for or any other program or that you will receive priority based on the date you apply or by applying through this Site as opposed to other means, such as on paper, in person or by phone. There are limited funds available and many people in need. The reasons you may not receive funding assistance include but are not limited to the fact that you do not meet eligibility requirements for any available Program, there is no more funding available, or other people, based on an assessment of risk factors, including income and housing insecurity, are at greater risk and are deemed a greater priority for limited funds and services.
As long as you do not notify us or the program agency reviewing your application that you are no longer in need of assistance after you submit an Application, we will be attempting to procure assistance for you that you are eligible for. Receiving funding that you are not eligible for may subject you to various civil and criminal penalties.
The Program Authority and Program Agencies will have access to and will review and process your housing application and the information and documents you submit and transmit through the Application. However, whether you receive housing assistance or not, and irrespective of whether you revoke your Application or not, the Program Authority and Program Agencies may (i) retain your information and documents and (ii) share your documents and/or information with government authorities outside of the Program Authority, including but not limited to the City of Oakland, as needed to comply with applicable laws, regulations and ordinances.
Without limiting the waivers under paragraphs 20 and 21 below, you agree to the following waiver herein: We do not have authority over the Program or any management thereof. A number of organizations are participating in administering the Program by reviewing, verifying and processing Applications, including Q Foundation. You agree that any issue, claim or violation of rights that you may have concerning the management of the Program or how your Application was reviewed or processed by another organization, lies against the City of San Francisco and the particular organization at issue and you waive, discharge and release us from any and all such claims.
If you are accessing the Site and Services (including but not limited to the Platform) on behalf of your organization, you will only do so for the exclusive purpose of performing duties to your organization in administering applications to the Program. You will administer and process the applications for the Program in accordance with and subject to all applicable laws, regulations and ordinances, including but not limited to fair housing laws and personal data protection laws.
Organizations will ensure that their employees and contractors protect their access and registration information to the Site and/or Services and otherwise have proper security procedures in place to protect against disclosure of personally identifying information on their end in Applications they administer. Organizations will ensure that anybody provided access to the Site and/or Services is accessing the Site and/or Services in order to administer Applications on behalf of the organization. The organization will immediately deactivate or otherwise prevent access to the Site and/or Services to any person that no longer administers Applications on behalf of the organization for the Program.
You acknowledge, understand and agree that your demographic, financial, health, location and other anonymized information that you submit and/or transmit through the Application, the Site, Platform and/or the Services may be used for data analysis and compiled in the aggregate with other Applicants’ demographic, health, financial, location and other anonymized data by us and may be published in various forms and otherwise shared with third parties, including but not limited to publishing reports on patterns of demographic and location trends of COVID-19 impact and the capacity of agencies, authorities and programs to serve various population sectors and segments.
By applying through this Application, you assume the risk that an unauthorized party may have access to your information and documents. To process your Application, your information and documents will be stored in our cloud, which is operated by a third party (AWS) and the cloud may be hacked or otherwise subject to malware beyond our reasonable control. The Agencies reviewing and processing your application may likewise retain your information and documents on their servers and/or their staff’s computers and these may be subject to hacking, malware and/or other unauthorized use. You assume the risk of unauthorized access and security breaches of the Application, Site and Services, including the public release of your information and documents and/or identity theft and/or the release of your information to unauthorized parties that may lead to your and/or members of your household’s harassment, personal or other injury or death.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY AND RISK IN ACCESSING THE SITE AND THE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT Q FOUNDATION, AND ITS AFFILIATES, PARTNERS, AGENTS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS AND ITS THIRD PARTY SERVICE PROVIDERS (THE “Q FOUNDATION PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN. THE Q FOUNDATION PARTIES MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, MEET ANY STANDARD, BE RELIABLE, NOT FAIL, BE ERROR-FREE, SECURE OR FREE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INTERRUPTION OF SERVICE, ANY FAILURE, ANY ERRORS OR OMISSIONS, ANY VIRUSES, ANY HARM TO YOUR COMPUTER AND OTHER DEVISES OR YOUR DATA AS A RESULT OF YOUR ACCESS TO THE SITE OR SERVICES AND ANY DELETION OR FAILURE TO STORE OR TO TRANSMIT ANY CONTENT, MATERIAL OR COMMUNICATION MAINTAINED BY THE SITE OR SERVICES.
YOU ASSUME ALL RESPONSIBILITY AND RISK IN RELYING ON ANY CONTENT ON THIS SITE AND THE SERVICES. THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY OF ACCURACY OR RELIABILITY OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL OR WRITTEN RESPECTING ANY CONTENT ON THIS SITE WHICH IS SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.
By submitting an Application, you agree and consent to third parties obtaining information and/or documents you submit and/or transmit with your Application, as is necessary to process your Application and provide you assistance. We have no control and disclaim any and all responsibility respecting how any such third parties access, utilize and/or retain your information and documents.
You may access third party content and/or services while accessing this Site and Services. Q Foundation does not endorse any third party site or services. Q Foundation does not control or participate in any third party’s content or site and disclaims all responsibility respecting any such third party’s content and/or services. Nothing herein shall limit the disclaimer of warranties under provisions 20 and 21 above.
You agree that you are not accessing and/or utilizing the Site and Services in order to or in a manner that is likely to compromise the security, integrity and operation of the Site and Services and disclose any personally identifying information and documents and Q Foundation’s confidential information to the public or to unauthorized users or otherwise obtain unauthorized access to the Site and Services.
You agree that you are not submitting and/or transmitting personally identifying information to the Site and/or Services through an insecure device (including a device that is not password protected) or through an insecure connection (including one that is not password protected). If you do, you assume all risk of unauthorized access and hacking to your device and of your and other people’s information and public disclosure thereof, as a result of your use of an insecure device or insecure connection to access the Site and Services.
You will not access the Site nor utilize any Services if you are under the age of 14. We do not knowingly receive, retain or use any information from anyone under the 14 and in order to apply for assistance through this Site you must be 14 or over.
You agree to hold harmless, defend and indemnify the Q FOUNDATION Parties from any and all loss, liability, or claim, demand or costs, including but not limited to reasonable attorney fees (with Q Foundation choosing its own attorneys and controlling its own defense, except that Q Foundation shall not settle any claim that imposes a liability upon you without your prior consent), arising out of any third party investigation, charge or claim arising out of, or related to, or in connection with your access and/or participation on the Site and Services, including but not limited to your provision of false information and/or documents through the Application and your access of the Site and Services through an insecure device or internet connection and any other of your actions that violate the rights of a third party or any applicable law or breach of this Agreement including but not limited to a breach of your representations and warranties under this Agreement. This includes but is not limited to posting, submitting or transmitting any false, infringing, defamatory, misleading or deceptive content, any tortious or criminal activity or content you make available, any infringing content you transmit or make available any and all civil and criminal liability arising out of, related to or in connection with your access and/or use of the Site and Services or an Applicant’s personal information and documents, whether authorized or unauthorized, in breach of this Agreement.
YOU HEREBY RELEASE AND HOLD HARMLESS THE Q FOUNDATION PARTIES, FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL AND CONSEQUENTIAL), RESPONSIBILITY AND LIABILITY OF ANY KIND, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS, USE OR PARTICIPATION IN THE SITE OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DISCLOSURE OF YOUR INFORMATION AND DOCUMENTS, IDENTITY THEFT, ASSAULT, PERSONAL INJURY AND/OR DEATH (INCLUDING BUT NOT LIMITED TO YOUR DEATH AND/OR INJURY AND/OR THE DEATH AND/OR INJURY OF A MEMBER OF YOUR HOUSEHOLD).
IF YOU ARE A CALIFORNIA RESIDENT YOU EXPRESSLY WAIVE THE PROVISIONS OF §1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWN OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY TO THE EXTENT A CLAIM CANNOT BE RELEASED UNDER APPLICABLE LAW, THE Q FOUNDATION PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, DEATH, ASSAULT, AND/OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT DAMAGES, ANY LOSS OF DATA, ANY INABILITY TO ACCESS OR UTILIZE THE SITE OR SERVICES, ANY LOSS OF GOOD-WILL, OR INTANTGIBLE AND TANGIBLE LOSSES CLAIMED TO HAVE OCCURRED AS AN INDIRECT OR DIRECT RESULT OF ACCESS TO OR USE OF THE SITE AND/OR THE SERVICES AND CONTENT THEREON, EVEN IF THE Q FOUNDATION PARTIES WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO USE THE SITE OR SERVICES, UNAUTHORIZED ACCESS TO, ALTERATION OF OR TRANISMISSION OF YOUR CONTENT AND/OR MATERIAL, CONDUCT OR CONTENT MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES BY A THIRD PARTY WHICH IS INACCURATE, MISLEADING, DECEPTIVE, ABUSIVE, THREATENING, DEFAMATORY, INFRINGING, VIOLATIVE OF YOUR PRIVACY OR PUBLICITY RIGHTS, OR THAT INTERFERES WITH YOUR CONTRACT RIGHTS OR BUSINESS OPPORTUNITY, AND ANY CONTENT OR MATERIAL THAT MAY CAUSE YOU EMOTIONAL DISTRESS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Q FOUNDATION PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00) OR THE AMOUNT YOU PAID Q FOUNDATION, IF ANY, IN THE SIX MONTHS BEFORE THE CLAIM AROSE FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND ANY CLAIM FOR INFLICTION OF EMOTIONAL DISTRESS) OR OTHERWISE, AND WHETHER OR NOT THE Q FOUNDATION PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE OF THE EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONESEQUNTIAL DAMAGES OR FOR WRONGFUL DEATH, AND THEREFORE THIS SECTION MAY BE INAPPLICABLE TO YOU.
This Agreement and all of its provisions herein, including all disclaimers and limitations of liability apply to any mobile services that may be offered by Q FOUNDATION. For clarity purposes any provision that relates to any “Service” or “Services” encompasses and governs your use of any mobile services that Q FOUNDATION may provide. In order to participate in mobile services, you must have access to a cell phone. You acknowledge and understand that if you do not inform us of the fact that your phone was stolen and/or that your number changed, personal messages to you may be received by other people that may have possession of the number you registered with Q FOUNDATION, whether legally or illegally, and that the person in possession of your phone may thus obtain access to your personal identifying information and/or documents. You acknowledge and agree that regular carrier fees for any texts and data use will be applicable to your use of any mobile service provided by us and that you understand that you will be charged by your carrier in your use of our mobile service. Q FOUNDATION grants you a limited, non-assignable, revocable, non-exclusive, royalty-free license to access, download and use the Site and any Services on your mobile device, for your own personal and non-commercial use of the Site and Services and for no other purpose. ANY MOBILE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THE Q FOUNDATION PARTIES HEREBY DISCLAIM ANY AND ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING BUT NOT LIMITED TO TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Q FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT OR DIRECT, ACTUAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF MOBILE SERVICES, INCLUDING ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF YOUR DATA OR THE RECEIPT BY ANOTHER PARTY OF ANY OF YOUR PERSONAL INFORMATION, DOCUMENTS OR CONFIDENTIAL MESSAGES.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be unenforceable or invalid, it shall be modified to the extent permissible under the governing law in order to render it enforceable, if by such modification, it will effectuate the intention of the parties. However if a court of competent jurisdiction finds the provision cannot be modified as such and is void, illegal, invalid or unenforceable in its entirety, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
The failure of Q FOUNDATION to exercise or enforce any right it may have under this Agreement or any provision of this Agreement shall not operate as a waiver of such right or provision by Q FOUNDATION.
The interpretation of this Agreement and the rights of the parties hereunder shall be exclusively governed by the substantive laws of the State of California, excluding its conflict of laws rules. The state and federal courts of California shall have exclusive jurisdiction over any controversy or claim arising from this Terms of Service and you agree to submit to the exclusive personal jurisdiction and venue of California courts and the exclusive venue of San Francisco, California.
This Agreement has no third party beneficiaries and is not intended to limit your rights or limit or waive any claims you may have against a third party.
From time to time, in order to comply with changes in applicable law or otherwise, we may amend the terms of this Agreement. Your continuing use of this Site and/or the Services constitutes your acceptance of any amendments.
This Agreement constitutes the entire agreement between you and Q FOUNDATION as to the subject matter contained in these Terms of Service and all prior understandings and agreements are merged herein and succeeded hereby.
BY ACCESSING AND USING THE SITE AND SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREED TO THE ABOVE.