Welcome to STROKEFOCUS®, operated by Wohaula, LLC, a California limited liability company (the “Company,” “Strokefocus,” “we,” “our,” or “us”).
Strokefocus endeavors to support individuals who have suffered from a stroke or a traumatic brain injury, their family members and their friends (collectively, the “Survivors” and individually a “Survivor”) through its Platform by providing them with access to resources, information related to the recovery and rehabilitation process, emotional support, and the opportunity to communicate with other Survivors and local Support Groups (individually a “Support Group,” collectively, the “Support Groups”). By creating an account (see Section 3), you agree to comply with this Agreement and to treat your fellow Survivors with respect, compassion and kindness. (The “Platform” includes our website(s), our mobile application(s) and any electronic access of the Strokefocus community, services or other use of software provided through or by Strokefocus.)
As a Survivor, you will have access to information on the Platform that will enable you to communicate with other Survivors and Support Groups. In addition, other Survivors and Support Groups will be able to contact and communicate with you. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations, and with any and all rules, requirements, conditions and requests that we provide, regarding your use of the Platform, including but not limited to those that apply to your communications or interactions with any other Survivor. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
In order to have access to all of the services and functionalities provided by the Platform, you must create an account, which will require you to provide Strokefocus with certain personal and contact information. Once you create an account, Strokefocus will send you a welcome email with your login credentials.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of this Agreement, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing, and we may cancel your account in our sole and absolute discretion. Upon termination, the provisions of this Agreement that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
You are responsible for maintaining updated and correct information on your account. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security and confidentiality of your account. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for all activities and communications that occur under your account.
You agree to immediately notify the Company of any disclosure or unauthorized use of your confidential information, any disclosure or unauthorized use of any other Survivor’s confidential information, or any other breach of security at firstname.lastname@example.org. You acknowledge the importance of logging out from your account at the end of each session and agree to do so.
No part of Strokefocus is directed to persons under the age of thirteen (13). You must be at least thirteen (13) years of age to access the Platform, and if you are over the age of thirteen (13), but under the age of eighteen (18), you must have a parent or guardian’s permission to access the Platform. Your parent or guardian should be aware that the Platform is used primarily by adults. If you are a minor and if any of these circumstances are not acceptable to your parent or guardian, you may not use the Platform.
Any use of the Platform is void where prohibited. By accessing or using the Platform, you represent and warrant that: (i) you are at least thirteen (13) years of age; (ii) you have obtained your parent’s or guardian’s permission to access and use the Platform if you are under eighteen (18) years of age; (iii) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (iv) your access to and use of the Platform will at all times comply with this terms and conditions of this Agreement; and (v) you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete.
Using the Platform may be prohibited or restricted in certain countries. If you access or use the Platform from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform.
This Agreement will remain in full force and effect while you use the Platform, have an account, or maintain or continue any communications with any other Survivor or Support Group with whom you have ever interacted through, or as a result of, the Platform. You may terminate your account at any time, for any reason, by following the instructions on the Platform. The Company may terminate or suspend your account and/or your access to the Platform at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, in its sole and absolute discretion. Upon such termination or suspension, you will not be entitled to any refund of any costs or expenses incurred in relation to or arising out of the Platform. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated, you may no longer access or use the Platform.
The Platform is for personal, non-commercial use only. Survivors may not use the Platform or any content contained in the Platform in connection with any commercial endeavors, such as advertising or soliciting others to buy or sell any products or services not offered by the Company. Survivors using the Platform may not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other Survivor without their prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including but not limited to collecting usernames and/or email addresses of other Survivors by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform.
We reserve the right to post banners, advertisements, promotions, and similar content throughout the Platform. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Strokefocus's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Platform are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Strokefocus hereby disclaims all liability, direct or indirect, in connection with therewith.
The following activities are prohibited on the Platform and constitute express violations of this Agreement:
Strokefocus does not assume any obligation to monitor, censor or regulate Content posted, uploaded or transmitted by Support Groups, Survivors or third parties on the Platform; provided, however, Strokefocus reserves the right to do so in its sole and absolute discretion. In addition, Strokefocus does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any Content posted, uploaded or transmitted by Support Groups, Survivors or third parties, and such Content does not necessarily reflect the views of Strokefocus.
To the fullest extent allowed by applicable law, under no circumstances, including but not limited to tort, negligence or breach of contract, will Strokefocus be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with your access to or use of the Platform or your downloading of any content, materials, data, text, images, video or audio from the Platform even if advised of the possibility of such damages. The disclaimers and limitations contained in this Agreement are a material part of our ability to provide this Platform to you. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall Strokefocus be liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform. Without limiting the generality of the foregoing, in no event shall Strokefocus’s total liability to you for all damages, losses and causes of action (if any) exceed, in the aggregate $500.
You agree to indemnify, defend and hold harmless Strokefocus (which includes Strokefocus’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any and all damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against Strokefocus or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with your use of the Platform or any content, your violation of this Agreement, or your violation of any rights of any third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Strokefocus reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Platform’s security, information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; (iv) prosecute violators of this Agreement to the full extent of the law; and (v) discontinue this Platform or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
The Platform, the infrastructure used to provide the Platform, and any content displayed on the Platform are proprietary to us, our affiliates, subsidiaries and business partners. By registering for an account and accepting this Agreement, Strokefocus grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to this Agreement and to any additional terms and policies set forth by Strokefocus.
The Company owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
"STROKEFOCUS" is a registered trademark owned by the Company, and any use of this mark inures to the benefit of the Company.
Other marks on the Platform not owned by the Company may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated, or may be the property of their respective owners. You may not use Strokefocus’s name, logos, trademarks or brands without Strokefocus’s express permission.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that material or Content posted, uploaded or transmitted on the Platform infringes on your copyright or that of another, please contact us following the procedure below:
Procedure for Alleging Copyright Infringement:
Strokefocus will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Platform, then send us a written notice that includes all of the following:
(i) A legend or subject line that says: "DMCA Copyright Infringement Notice";
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) The URL of the Website and a description of where the material that you claim is infringing is located on that Website;
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) Your electronic or physical signature.
Strokefocus will only receive DMCA notices by mail or e-mail at the addresses below:
By Mail: Wohaula, LLC,
a California limited liability company
11801 Ricasoli Way
Porter Ranch, CA 91326
By email: email@example.com
Strokefocus may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Strokefocus may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may contact Strokefocus at firstname.lastname@example.org.
Strokefocus expressly reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. To protect the integrity of the Platform, the Company reserves the right at any time in its sole and absolute discretion to block certain IP addresses from accessing the Platform.
Strokefocus controls and operates the Platform from its headquarters in the United States of America, and Strokefocus makes no representation that the Platform is appropriate or available for use beyond the United States of America. If you access or use the Platform from other locations, you are responsible for compliance with applicable local laws. The Platform may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
An internet connection is required to access and use the Platform, and any associated expenses or charges incurred by your use of the Platform are your exclusive responsibility.
Except where prohibited by applicable law:
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by e-mail, regular mail, SMS, MMS, text message or through the Platform itself. Such notices may not be received if you violate this Agreement by accessing or using the Platform in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Platform in an authorized manner.
When you access or use the Platform or send emails to Strokefocus, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Strokefocus shall not be liable for any failure to perform in accordance with this Agreement which is due to an event beyond the control of Strokefocus, including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control and not reasonably foreseeable.