Terms of Use

Terms of Use Statement

This Terms of Use Agreement (“Agreement”) is an agreement between you (“you” or “user”) and this website’s host, Ya Basta Center. The terms “Ya Basta” or “Host” refer to the Ya Basta Center. “Site” means this website. “Materials” means the documents, commentary, and other text included on the Site, as they may be updated over time; The Agreement governs your access and use of www.yabastacenter.org, and its web pages, materials, interactive features such as account access, applications, trainings, calendar, scheduling tools, and respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”). Your use of the Site constitutes an agreement with this Agreement and the Privacy Policy (together, the “Terms”).

If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement or participate in these Services and fulfill the obligations set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.

Changes to this Usage Agreement

Host reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. The “Last Updated” date at the top of this Agreement indicates when the latest modifications were made. Please review the terms and conditions periodically. Your continued use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Audiences For and Users of Site

Host makes Services available on the Site for educational purposes. The Site enables individuals and companies seeking information about Host’s resources and training information. The target audiences are janitorial employees and companies who seek to schedule sexual violence and harassment prevention training in compliance with California A.B. 547 (also known as the “Janitor Survivor Empowerment Act”). Ya Basta Center is a “qualified organization” as defined by Section 1429.5(g) of California A.B.547. The Site and Services are neither offered nor intended as a replacement for legal advice.

Privacy

In addition to these terms and conditions, please review Ya Basta’s Privacy Policy, which also governs your use of the Services, and is incorporated herein by reference. The Privacy Policy can be found at yabastacenter.org/about/privacy-policy.

Ownership of Intellectual Property

The Services (including all content and features) (“Content”) are the property of Ya Basta or its licensors and are protected by copyright, trademark, and other laws of the United States and other countries. You will not obtain any ownership interest in the Content or the Services through this Agreement or otherwise. Absent Host’s express written consent, no portion of the Content may be used for any purpose other than personal, noncommercial use and all users must maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third-party website) without the express prior written consent of Host. The foregoing prohibition includes, but is not limited to, the practice of embedding Host’s website pages (or parts thereof) in “frames” or other pages offered from other sites, and “mirroring” Content from the Services on a server other than that operated by Host. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content in any way at any time. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Links to Third Party Sites

Any links on the Site that lead to outside services and resources are provided for your convenience only. Ya Basta is not responsible for the content of such other websites and disclaims all liability in respect to such content and of any other websites or content which you may be able to access from the Site.

Conditions and Restrictions Regarding use of the Site

We reserve the right to terminate or suspend your access to your account and all or part of the Services, without notice, for any conduct that Ya Basta, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user of the Site.

Disclaimers and Limitations of Liability

Your use of the Services is at your sole risk. Host provides the Services on an “as is” and “as available” basis. Host reserves the right to restrict or terminate your access to the Services at any time. The material contained on the Services is subject to change without notice. Host expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Further, Host does not warrant that access to or use of the Services will be uninterrupted or error-free, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that information accessible via the Services will be complete, accurate, or timely. To the fullest extent permissible under applicable law, you understand and agree that Ya Basta shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the Services or from any actions Ya Basta takes or fails to take as a result of electronic mail messages you send Ya Basta. These include damages relating to errors, omissions, down time, interruptions, defects, delays, computer viruses, and your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if Ya Basta or its representatives have been negligent or have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Host against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.

Service Usage; Termination of Usage

If you provide information on the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services. If you provide any information that is false, inaccurate, outdated or incomplete, or Ya Basta has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Ya Basta has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.

You agree to maintain and update the information about yourself as appropriate so that it remains accurate and current.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Ya Basta name, trademarks, services marks, or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers, or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate, or otherwise use data extracted from the Site.

This Agreement is effective unless and until terminated by either you or Host. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. Host also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in Host’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user of the Site.

Ya Basta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Ya Basta shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.

Applicable Law & Jurisdiction

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site shall be filed only in the state or federal courts located in the State of California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous

If any particular provision of this Agreement is found to be unenforceable, that provision will be severable and will not affect any of the other provisions.

If we do not immediately take action to address a violation of these Terms, we are not waiving our rights to take action in the future.

This Agreement, including Ya Basta’s Privacy Policy and other policies incorporated herein, constitutes the entire Agreement between Ya Basta and each user of the Services with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The “Disclaimers and Limitation of Liability” provisions of this Agreement are for the benefit of Ya Basta and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.