Terms of Use
These Terms of Use ("Terms") are the agreement between you and Open Arms Initiative ("Open Arms," "we," "us," or "our") for your use of openarmz.org (the "Site") and the programs, communications, and community-support activities we offer online or offline (together, the "Services"). They should be read together with our Privacy Policy.
1. Accepting these Terms
By using the Site, contacting us, donating, volunteering, or participating in our Services, you agree to these Terms. If you do not agree, please do not use the Site or the Services.
2. Not an emergency service
Open Arms is not equipped to handle emergencies. If someone is in danger or needs urgent help, call 9-1-1 or your local emergency services right away.
3. What we do — and what we don't
Open Arms is a community-support organization. We run programs, share resources, and connect supporters with opportunities to help. Availability of any program depends on capacity, location, eligibility, and other factors, and we may add, change, pause, or end any program at any time.
We do not provide legal, medical, financial, tax, counseling, or other professional services or advice. Information on the Site is general in nature; for advice about your situation, please consult an appropriately licensed professional.
4. Donations
Donations are voluntary, processed by third-party providers (whose terms apply to the transaction), and, unless we expressly agree otherwise in writing, non-refundable. Open Arms does not control any fees those third-party providers may charge.
5. Eligibility and minors
The Services are intended for adults. If you are under 17, please do not submit information directly; a parent or legal guardian should interact with us on your behalf.
6. Permission to contact you
When you share a phone number or email address with us, you agree we may contact you about Services, events, scheduling, donations, and related matters, including by automated dialing or texting where the law allows. Standard message and data rates may apply. You can opt out of SMS at any time by replying STOP; reply HELP for help. We are not responsible for messages delayed or undelivered by your carrier.
7. Acceptable use
Please use the Site and Services responsibly. You agree not to provide false or misleading information, attempt unauthorized access, scrape or interfere with the Site, impersonate others, harass anyone, or use the Site or Services for any unlawful or harmful purpose. We may suspend or end your access if you violate these Terms or if we reasonably believe your conduct is harmful or abusive.
8. Our content
The Site's text, graphics, logos, and design are owned by Open Arms or our licensors and are protected by intellectual-property laws. You may view and share the Site for personal, non-commercial purposes, but you may not copy, modify, distribute, or create derivative works from our content without our written permission.
9. Third-party links
The Site may link to third-party websites and services. We do not control them and are not responsible for their content, policies, or practices. Visiting them is at your own risk and subject to their terms.
10. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT THE LAW ALLOWS. WE DO NOT GUARANTEE THAT ANY PARTICULAR NEED WILL BE MET OR THAT ANY PARTICULAR OUTCOME WILL RESULT FROM YOUR USE OF THE SITE OR SERVICES.
11. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, OPEN ARMS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE OR SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Open Arms and its directors, officers, employees, volunteers, agents, contractors, and vendors from claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) that arise from your use of the Site or Services, your communications with us, or your violation of these Terms.
13. Talking it out first
If something has gone wrong, please tell us before filing a claim or posting a public complaint. Send a written description of the issue and the outcome you are looking for to the address in Section 18. We will work with you in good faith for at least thirty (30) days to try to resolve it.
14. Governing law and dispute resolution
14.1 Governing law and court venue
Except as governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. To the extent a dispute is filed in court consistent with this Section 14, you agree the venue will be Harris County, Texas, unless we agree otherwise in writing.
14.2 Binding individual arbitration
You and Open Arms agree that, after the thirty-day informal-resolution period in Section 13, any dispute, claim, or controversy arising out of or relating to the Site, the Services, our communications with you, or these Terms (each a "Dispute") will be resolved by binding individual arbitration rather than in court. This includes Disputes against our directors, officers, employees, volunteers, agents, contractors, affiliates, and successors (together with Open Arms, the "Covered Parties").
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time. If AAA will not administer the Dispute, JAMS will administer it under its consumer rules. If neither is available, a court in Harris County, Texas may appoint a neutral arbitrator who will proceed under procedures consistent with the Federal Arbitration Act.
Unless both sides agree in writing to a different arrangement, the arbitration will be decided by a single arbitrator seated in Harris County, Texas. The arbitrator's written award is final and binding, and judgment on the award may be entered by any court with jurisdiction.
14.3 Jury trial and class action waiver
You and the Covered Parties waive the right to a trial by judge or jury for any Dispute covered by this Section 14. Disputes must be brought only in an individual capacity. You and the Covered Parties waive the right to participate as a plaintiff, class member, or representative in any class, collective, consolidated, private-attorney-general, or representative action.
14.4 Small claims and limited injunctive relief
Either side may bring an individual claim in a Texas justice court if the Dispute fits that court's jurisdiction and venue rules. Either side may also ask a court in Harris County, Texas for a temporary order to protect against unauthorized access, misuse, or intellectual-property infringement while arbitration is pending. Seeking that limited relief does not waive the rest of this Section 14.
14.5 Fees
The party starting an arbitration pays the initial filing fee, subject to any consumer waivers available under the administrator's rules. Open Arms will pay administrator and arbitrator fees as required by those rules, with our total obligation for those fees in a single arbitration capped at $10,000 to the extent the law and the administrator's rules allow. Each side otherwise pays its own attorneys' fees unless a statute or rule authorizes a fee award.
14.6 Confidentiality
The parties will keep arbitration materials confidential except as needed to administer the arbitration, to enforce or challenge an award, or as required by law.
14.7 If part of this section is unenforceable
If any part of this Section 14 is found unenforceable, the rest stays in force. If the waiver of class or representative actions is found unenforceable for a particular Dispute, that Dispute will be resolved in court instead of arbitration.
15. Termination
We may suspend or end your access to the Site or Services at any time for any lawful reason. The provisions that by their nature should survive — including disclaimers, limitation of liability, indemnification, and Section 14 — will continue to apply.
16. Changes to these Terms
We may update these Terms from time to time. Updates take effect when posted, and your continued use of the Site or Services after that means you accept the changes. We will update the "Effective Date / Last Updated" line at the top whenever we revise the Terms.
17. Other terms
These Terms, together with our Privacy Policy, are the entire agreement between you and Open Arms about the Site and Services and supersede any earlier understandings on the subject. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of that right.
18. How to reach us
Questions, dispute notices under Section 13, or other written communications should be mailed to:
Open Arms InitiativeAttn: Legal
2028 E Ben White Blvd, Suite 240-2533
Austin, TX 78741