Terms and Conditions

The Life After Prison (LAP)  Web Site (the “Site”) is a reentry organization in Massachusetts.  Life After Prison serves the community, including serving the poor and the vulnerable, especially the homeless, returning citizens, at-risk youth and persons with mental and developmental disabilities. LAP helps individuals and their families obtain stability and growth. The Site is available to access information and resources for those in need, subject to compliance with the terms and conditions set forth below.  Nothing in this Site shall be construed as creating any warranty or other obligation on the part of LAP.

Arbitration and Class Action Waiver.  Excluding claims for injunctive or other equitable relief, for claims related to the Site, including any donations made through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act. Comprehensive Arbitration Rules & Procedures then in effect.  There shall be no right or authority for any claims to be arbitrated on a class action basis.  The arbitration shall take place in Massachusetts or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by LAP.  The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who  shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, LAP shall appoint the arbitrator.

Agreement.  Please read the following information carefully before using this Site.  By using this Site, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. LAP reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Disclaimer of Warranties.  THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.

Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL LAP AND ITS OFFICERS, BOARD, OR EMPLOYEES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, LAP ’s’ liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.

Privacy.  Personal information transmitted to LAP will be treated in accordance with our Privacy Policy.

Donations.  Any donations provided to LAP are tax-deductible, to the extent permitted by applicable law, and LAP will provide a receipt for tax purposes via email or letter.

Accessibility.  This Site is designed to be accessible to visitors with disabilities.  If you have suggestions on how to make the site more accessible, please contact us.

Our Copyrighted Materials; Infringement Claims.  The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by LAP and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of LAP or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.  If you would like to publish material found on this Site, please contact us.

Trademarks.  Trademarks and service marks that may be referred to on this Site are the property of LAP or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of LAP or the LAP'’s logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain LAP’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.

Right to Preserve and Disclose.  LAP may preserve all information you provide.  LAP may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of LAP, its users and/or the public; or (f) in the event that all or substantially all of LAP’s assets are acquired by a third party.

Prohibited Actions.  You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except LAP; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.  Except as expressly provided herein, LAP and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibition on Scripts, Bots, Third Parties, etc.  You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.

Prohibition on Scraping.  You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.

Ownership of Usage Data. LAP may collect and aggregate data about your usage of the Site, and LAP shall be the sole owner of such information.

Links.  Although LAP controls  many hyperlinks in the Site, other links within this Site may lead to third-party sites. LAP includes these third-party links solely as a convenience to you.  The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that LAP is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference.  LAP reserves the right to terminate a link to a third party web site at any time.  The third party sites are not controlled by LAP, and may have different terms of use and privacy policies, which LAP encourages you to review.

Site Controlled from United States; Prohibited Persons and Countries.  This Site is controlled from offices within the United States. LAP makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF MASSACHUSETTS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.  YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF MASSACHUSETTS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. 

Dispute Resolution, Binding Arbitration, and Class Action Waiver.  Excluding claims for injunctive or other equitable relief and for relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction, you and LAP agree that all disputes or claims (whether in tort, contract, statutory or otherwise), including without limitation, claims or disputes arising out of or relating to: (i) the parties’ relationship, (ii) the existence, breach, interpretation, application or termination of this Agreement, and (iii) your use of our LAP website and services or purchase of goods or services (collectively, “Arbitrable Claims”), shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act. Comprehensive Arbitration Rules & Procedures then in effect. Massachusetts law shall apply.

THE PARTIES AGREE THAT DISPUTES BETWEEN THEM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JUDGE OR JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND LAP.

The arbitration shall take place in Massachusetts or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by AAA. The arbitration shall be conducted in the English language.  LAP shall be responsible for the arbitrator’s fees and arbitration expenses and any other administrative costs unique to the arbitration hearing, except that you shall be responsible for paying the initial filing fee in cases where you are the claimant. The arbitrator may award fees and expenses (including costs paid by LAP pursuant to this Agreement), including reasonable attorney’s fees, to the prevailing party, in accordance with applicable law.

There shall be no right or authority for any Arbitrable Claims to be arbitrated on a class or collective basis. All claims must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all information regarding the arbitration, including the identities of parties thereto, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

Opt-Out of Dispute Resolution, Binding Arbitration, and Class Action Waiver.  Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to CCDC.  The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time.  The Notice must be mailed to: 

Life After Prison

P.O. Box 2324

Taunton MA 02780

The Notice should be addressed to the attention of the Office of the Chief Operating Officer. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with LAP.

Not Authorized to Do Business In Every Jurisdiction.  LAP is not authorized to do business in every jurisdiction.  Information published on this Site may contain references or cross-references to services that are not available in your state or country.

Entire Agreement; Severability.  You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions.  You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and LAP and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.

For further information, or inquiries about this Agreement, please contact us at:

Chief Communications Officer

888-616-8527

administration@thelifeafterprison.org

September 28, 2023