CLR Spaces Terms of Use

Effective Date: March 21, 2024

These CLR App workplace mobile application Terms of Use (“Terms of Use,” “Terms”) apply when you access or use a mobile application (“App”) made available for employees of Comprehensive Mental Health Center of Tacoma-Pierce County d/b/a Comprehensive Life Resources (referred to in these Terms of Use as “CLR,” “we,” “us” and “our”), and any related services provided through the App (the App and these services constituting the “Service”). We prepared these Terms of Use to help explain the terms that apply to your use of the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE AND DELETE THE APP FROM YOUR MOBILE DEVICE IMMEDIATELY. THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ALSO, THESE TERMS SET FORTH SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 9 AND 10 TO LEARN MORE.

1.  Updates to these Terms of Use.

We may change, modify or amend these Terms of Use from time to time. We will notify you of material changes to these Terms of Use by posting the amended terms on the App. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new Terms of Use take effect, you will be bound by the modified Terms of Use.

2. Privacy Policy.

In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Service.

3. Affirmative Representations Regarding Your Use of the Service.

When you use the Service, you represent that: (A) your use of the Service does not violate any applicable law or regulation; (B) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use; and (C) you are an employee of CLR using the Service solely for job-related purposes .

4. Third Party App Stores.

If you have downloaded the App through a third party mobile app store, such as the Apple App Store or Google Play Store (each, a “Third Party App Store”), you acknowledge and agree that the availability of the Service may be dependent on that Third Party App Store. You further acknowledge that these Terms of Use are between you and CLR and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the App. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms of Use will apply with respect to your use of the Service.

5. Mobile Services.

The Service is accessible via mobile phone or other wireless device (each, a “Mobile Service”). Your use of the Mobile Service that you use to access the Service is subject to your mobile carrier’s applicable normal messaging, data, and other rates and fees. In addition, downloading, installing, or using the Service may be prohibited or restricted by your mobile carrier through your Mobile Service. You are solely responsible for verifying whether the use of the Service is compatible with or permitted by your Mobile Service, and what restrictions or additional cost, if any, may be applicable to your use thereof.

6.  Prohibited Activities. You agree that, in connection with your use of the Service, you will not:

• use the Service for any unauthorized purpose;
• interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
• impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
• decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
• circumvent, disable or otherwise interfere with security related features of the Service.

7. Limited License; Our Intellectual Property Rights; Your Intellectual Property Rights. 

7.1. Limited License; Our Intellectual Property Rights. We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely to enable you to use and enjoy the benefit of the Service as provided by CLR, in the manner permitted by these Terms of Use. CLR or its licensors solely and exclusively owns the Service and reserves all rights in and to the Service.

7.2.  Your Intellectual Property Rights. As part of the Services, you may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") user generated content (“UGC”). By Posting UGC, you represent and warrant that you own the UGC or otherwise have the right to grant CLR the license provided below. You also represent and warrant that the Posting of UGC does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting UGC. CLR will remove UGC if we are properly notified that UGC infringes on another person’s rights. You acknowledge that CLR does not guarantee confidentiality with respect to UGC. By Posting UGC, you are not forfeiting any ownership rights in your UGC to CLR. After Posting your UGC, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your UGC, you grant CLR a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works, or publicly perform, and publish such UGC through the Services and on other platforms and services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. This license you grant to CLR is non-exclusive (meaning you are not prohibited by us from licensing your UGC to anyone else in addition to CLR), fully-paid, royalty-free (meaning CLR is not required to pay you for the use of your UGC), and sublicensable (so that CLR is able to use its affiliates, subcontractors, and other partners to provide the Services). By Posting your UGC, you also hereby grant each user of the Services a non-exclusive, limited license to access your UGC, and to use, display, reproduce, distribute, and perform such UGC as permitted through the functionality of the Services under these Terms. CLR does not endorse any UGC, and UGC that is Posted does not reflect the opinion or policies of CLR. CLR reserves the right, but has no obligation, to monitor UGC and to restrict or remove UGC at it sole discretion. In no event does CLR assume any responsibility or liability whatsoever for any UGC, and you agree to waive any legal or equitable rights or remedies you may have against CLR with respect to such UGC.

8.  Our Management of the Service; User Misconduct.

We reserve the right, but do not undertake the obligation to: (A) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and/or (B) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION.

9. Arbitration of Claims.

PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. In the event there is an issue with the Services, you and CLR agree to first discuss any issue informally for at least 60 days before commencing an arbitration proceeding.

If we do not reach an agreed upon solution after our discussions for at least 60 days, you and CLR agree that any and all claims, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Please note YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

YOU AND CLR AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, CLR, and any other parties to the arbitration proceedings.

In accordance with the JAMS Rules, the party initiating the arbitration (either you or CLR) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (i) that award is greater than the amount of our last written settlement offer; or (ii) if we did not make a settlement offer, then in addition to pay for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.

It is important that you understand that the arbitrator’s decision will be binding and final (except for a limited appeal right under the U.S. Federal Arbitration Act) and may be entered as a judgement in any court of competent jurisdiction. Please note that nothing in this Section shall be construed as consent by CLR to the jurisdiction of any other court with regard to disputes not covered by these Terms.

Right to Opt-Out of Agreement to Arbitrate. You may opt-out of these Arbitration of Claims provisions by providing written notice of you decision within thirty (30) days of the date that you first use the Services by mailing a notice containing your full name and contact information stating you wish to opt-out of these provisions to 737 Fawcett Ave. Tacoma, WA 98402.

10.  Warranty Disclaimer; Limitation on Liability; Limitation on Time to Bring a Claim

10.1.  Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT, MATERIAL OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

10.2.  Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY CONTENT, MATERIAL OR ITEMS ON THE SERVICE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

10.3. Limitation on Time to Bring a Claim. To help resolve issues between us promptly, you and CLR agree to bring any claim arising out of or relating to these Terms (including the Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

11.  Indemnity.

You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service, or any violation of these Terms of Use, as applicable. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from CLR’s own negligent conduct.

12. Other Provisions.

12.1. Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of Washington without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 9 is not applicable, you and CLR agree to submit to the exclusive jurisdiction of the courts located in Pierce County, Washington.

12.2. Integration, Amendment, and Severability. Please note that these Terms, including the Privacy Policy which is incorporated into these Terms, constitute the entire legal agreement between you and CLR in relation to the Services and govern your use of the Services, and completely replaces any prior agreements between you and CLR in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and CLR agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

12.3. Consent to Receive Electronic Communications. From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address and notices posted in the Services). You consent to receive electronic communications from CLR and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.

12.4. Survival. The provisions of these Terms, which by their nature should survive cancellation or deletion of your account with the Services, shall survive such cancellation or deletion.

13. Contact Information.

If you have any questions about these Terms of Use or the Service, please contact us at:

Comprehensive Life Resources

737 Fawcett Ave.

Tacoma, WA 98402

1 253-396-5800 / communications@cmhshare.org