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SNP is an organisation of individuals who work, or are professionally involved
in, services helping special needs families. 
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CONTACT INFO
Silicon Valley, South Bay, and the Peninsula - Northern CA

1484 Pollard Road #403
Los Gatos, CA 95032

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Special Needs Professionals of Silicon Valley - Terms & Conditions
  
These Terms and Conditions apply to programs operated by Special Needs Professionals of Silicon Valley (referred to as “SNP”) including but not limited to Showcase Events, Social Mixers, Community Events, Member Tours, Website and Social Media, and Sponsored or Featured Programs. By agreeing to these Terms and Conditions and/or applying for membership with SNP, I assert that I have read all Terms and Conditions and agree to be legally bound by them.

RELEASE OF LIABILITY
I HEREBY RELEASE SNP, ITS FOUNDER, BOARD MEMBERS, AGENTS, PARTNERS, MEMBERS, FACILITY PROVIDERS, AND EMPLOYEES FROM LIABILITY (INCLUDING CLAIMS BASED UPON NEGLIGENCE) FOR ANY AND ALL DAMAGES OR INJURIES TO MYSELF OR DAMAGE OR LOSS OF ANY PERSONAL PROPERTY. I AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL SUCH DAMAGES OR INJURIES WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY NEGLIGENT ACTS OR ACTIVITIES ASSOCIATED WITH SNP. HOWEVER, I UNDERSTAND THAT I AM NOT RELEASING SNP, ITS FOUNDER, BOARD MEMBERS, AGENTS, PARTNERS, MEMBERS, FACILITY PROVIDERS, AND EMPLOYEES FROM GROSS NEGLIGENCE, RECKLESS CONDUCT OR INTENTIONALLY TORTIOUS CONDUCT. TO THE EXTENT THIS RELEASE CONFLICTS WITH STATE/PROVINCIAL LAW GOVERNING RELEASES, THIS RELEASE IS TO BE GIVEN THE FULLEST FORCE AND EFFECT PERMITTED UNDER STATE/PROVINCIAL LAW. SHOULD ANY PART OF THIS CONTRACT BE FOUND INVALID OR NOT ENFORCEABLE BY A COURT OF LAW, THEN THE REMAINING PORTION SHALL CONTINUE TO BE VALID AND IN FORCE.

1-Indemnification Agreement
I agree to defend, indemnify, and hold SNP, its founder, board members, directors, employees, members, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with my participation in SNP’s membership and/or events.

SNP is not responsible for Content that individual members post or the communications that individual members send stemming from their membership with SNP. SNP is not responsible for Content that members post or the communications that members send using our social media or list serve.  SNP does not generally review Content before it is posted.  If you see Content that violates SNP’s Terms of Service, you may report inappropriate Content to SNP’s Chairperson or Director of Publicity.


2-Policies, Guidelines and Applicable Laws 

SNP requires that that you follow SNP’s policies and guidelines when using SNP’s social media or list serve. SNP has no responsibility for Content that anyone posts to SNP’s social media or list serve.

When you use SNP’s social media or list serve, SNP requires that you follow standard Usage and Content Policies, Group Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, and Trademark Usage Guidelines. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, SNP may modify, suspend or terminate your membership or access to the SNP’s social media and list serve, the sole discretion of the Board of SNP.

SNP does not control the Content of other members. When SNP becomes aware of inappropriate Content, SNP reserves the right to investigate and take appropriate action, but SNP does not have any obligation to monitor, nor does SNP take responsibility for, the Content of other members.
SNP does not conduct or require background checks on members, and does not attempt to verify the truth or accuracy of statements made by members. SNP makes no representations or warranties concerning the conduct or Content of any members or their interactions with other members or the public.

3-Release

You agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a SNP group or SNP event. You also agree not to hold organizers responsible for their negligence in connection with their Content, a SNP group, or SNP event.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “SNP Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a SNP group or a SNP event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a SNP group, or a SNP event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a SNP group or SNP event. You also agree not to hold organizers responsible for their negligence in connection with their Content, a SNP group, or SNP event.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “SNP Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a SNP group or a SNP event. You also agree to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a SNP group, or a SNP event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

4- Indemnification
You agree to reimburse us if we get sued in connection with your use of our Social media and list serve.
You agree to indemnify, defend and hold all SNP Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Social media and list serve, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a SNP group or a SNP event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all SNP Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

5- Warranty Disclaimer and Limitation of Liability

Our Social media and list serve is provided to you “as is” and we make no warranties of any kind with respect to our Social media and list serve. Our liability in connection with the Social media and list serve is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
Warranty Disclaimer: Our Social media and list serve is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Social media and list serve, (b) any information, advice, services, or goods obtained through or advertised on our Social media and list serve or by us, as well as for any information or advice received through any links to other websites or resources provided through our Social media and list serve, (c) the results that may be obtained from the Social media and list serve, and (d) the correction of any errors in the Social media and list serve, (e) any material or data obtained through the use of our Social media and list serve, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Social media and list serve.
Limitation of Liability: You agree that in no event shall any SNP Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any SNP Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Social media and list serve or this Agreement or the inability to use our Social media and list serve (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Social media and list serve, (c) your use of our Social media and list serve or transportation to or from SNP events, attendance at SNP events, participation in or exclusion from SNP groups or SNP events and the actions of you or others at SNP events, or (d) any other matter relating to the Social Media and List Serve. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct.

Intellectual Property: If you use SNP’s trademark be sure to follow our Trademark Usage Guidelines. Also, don’t infringe on anyone’s intellectual property. If you believe your intellectual property is being infringed somewhere on the SNP Social media and list serve, please contact an Executive Board Member via written communication immediately.

Intellectual Property of SNP- SNP trademarks, logos, service marks, and service names are the intellectual property of SNP. You must get permission from a member of the Executive Board to use the SNP Trademark.  Our Social Media and List Serve, including our material on the Social Media and List Serve, are also our or our licensors’ intellectual property. Except as described in the Trademark Usage Guidelines and as otherwise permitted by law, you agree not to use our intellectual property without our prior written consent.

Intellectual Property of Others- SNP respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our social media and list serve to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please review our Intellectual Property Dispute Policies.

6- Arbitration Agreement
I agree that any dispute arising out of or relating to this Agreement, my participation at SNP, or otherwise arising between the parties, including, without limitation of any statutorily created or protected rights, as permitted by applicable state/provincial or federal laws, will be settled by arbitration in the state/province and county in which the program is held, in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorney’s fees associated therewith. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force. I hereby acknowledge that I understand the terms of this ARBITRATION AGREEMENT, and agree to comply with all of its terms and provisions.

If you have a dispute with SNP, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. SNP has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.

Informal Resolution: Before making any claim, you and SNP agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this section to mean any dispute, claim or controversy arising out of or relating to your use of our Social Media and List Serve or this Agreement, including your participation in SNP events. You or SNP may initiate this process by sending written notice describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or SNP may bring a claim.

Arbitration Agreement: Except as set forth above, you agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and SNP are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with SNP.
Arbitration Time for Filing: Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.

Class Action Waiver: You agree to resolve disputes with SNP on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.

Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the Chairperson and Vice Chairperson of SNP.  The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Santa Clara County, CA or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

7-Agreement to Terms and Conditions
I certify that I have read through, understand, and agree that I will be held to the Terms and Conditions set forth below. I also agree that I have reviewed the Terms and Conditions. I understand that I must act in a way that is in keeping with the Terms and Conditions and that my membership can be terminated if my actions or attitudes seem to be harmful to the atmosphere, other members, or staff, in the opinion of SNP’s Board. I understand that SNP reserves the right to dismiss me from SNP’s membership without any prior warning for violating any of the provisions of the Terms and Conditions. Refunds will not be given for members dismissed for failure to abide by the Terms and Conditions. I also acknowledge that upon member observation of me at any SNP event, the Board may determine that continued membership is no longer suitable. In this case, SNP’s Board may revoke my membership and no refund of remaining membership dues will be issued. SNP will exhaust every opportunity for an excellent relationship with every member. However, in some rare cases, SNP may not be a compatible environment for every member.
8-Code of Conduct
Members/Candidates will NEVER:
1.           engage in or threaten violence;
2.           bully, intimidate, or harass others;
3.           damage facilities or equipment;
4.           sexually harass others;
5.           use, possess, or be under the influence of illegal or un-prescribed  drugs;
6.           possess weapons, of any kind, at any SNP event; and/or
7.         use the membership list for personal, financial, fundraising, political, or religious solicitations.

Members/Candidates MUST:
1.           abide by the rules and regulations of each location and partner locations;
2.           respect facilities and property; (Should intentional damage to facilities or
             property be found to be inflicted by a member/candidate, the
             member/candidate will be responsible for fines and damages.);
3.          not hold SNP responsible for any lost, stolen or damaged personal items;
             and/or
4.          acknowledge you are responsible for the content you post on SNP’s social
             media and list serve


9-Membership Cancellations and Dues Refunds

Cancellations of Membership: I understand and agree that I may cancel my membership at any time. I must issue a written request for cancellation to the Chairperson and Membership Chair. No portion of the previously paid annual dues will be refunded under any circumstances.

10-Health and Safety
I understand that physical and recreational activities contain inherent risk of injuries.  I certify that I am in good health and able to participate in SNP events. If, for any reason, I should be restricted from participating in an activity, it is my responsibility to not attend an SNP event requiring said restricted activity.
I agree to be financially responsible for any medical treatment needed during the duration of my membership with SNP. I understand that I am responsible for providing the sole insurance coverage for any medical treatment I receive and hold harmless SNP and its constituents.

11-Membership Activities
Dues: Dues include access to all SNP events, list serve, directory, social media, community events, and public and private member functions.
Photos: As a condition of participation, I authorize that photos, videos, and images may be taken of me and agree that said content may be used by SNP in promotional materials, marketing collateral, and online media. I understand that SNP, its founder, Board members, agents, partners, members, facility providers, and employees will not be held liable for damages and injuries associated with said publishing, including any and all claims based on negligence. I agree that all images, photos, and video taken at or in connection with SNP events are the sole and exclusive property of SNP.
Payment Policy
US Dollars: I agree that all financial transactions are made and quoted in U.S. Dollars.
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Returned Check/Dishonored Transaction Fees: A $25 returned check fee will be assessed for any checks returned or card transactions that are not honored.
12-Rights Reserved
SNP reserves the right to update or modify these Terms and Conditions at any time.


13-Privacy Policy
I have read, understood and agree that I am bound by SNP’s privacy policy.


14-Non-Discrimination Provision

SNP does not discriminate on the basis of race, religion, gender, disability, or national origin, either in eligibility for membership or in those whom we serve.

15- Additional Terms and Conditions

This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.

Entire Agreement. This Agreement constitutes the entire agreement between you and SNP, superseding any prior agreements between you and SNP on such subject matter.

Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
Assignment. This Agreement is not assignable, transferable or sub-licensable by you except with SNP’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of SNP’s assets, or similar transaction.

No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and SNP nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

Thank you. Please accept our wholehearted thanks for reading our Terms of Service.