CONDITIONS FOR ACCESS AND USE
Welcome to the Action Switchboard, a human-staffed online platform bringing users together for creative direct actions ("schemes"), each of which will support a specific activist campaign goal. Users will also be able to propose their own schemes or join existing ones, and a staff of experienced facilitators will help users refine ideas, find collaborators, and generally bring world-changing actions to fruition.
All access to, and any use of, the Action Switchboard and any Web page or Internet site established through the Action Switchboard, is governed by the following disclaimers and limits on use.
The use of the Site and its Services is solely at your own risk. The Site and its Services are provided on an "as is" and "as available" basis. The Yes Lab expressly disclaims all warranties of any kind with respect to the Site and its Services, whether expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
The Yes Lab makes no warranty that the Site or Services will meet your requirements; that they will be uninterrupted, timely, secure, current, accurate, complete, or error-free; or that the results that may be obtained by use of the Site or Services will be accurate or reliable. The Yes Lab is not responsible for disclosing or verifying the identity of any Users.
You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Services is to cease to use the Site or Services. You may have other rights, which may vary from state to state.
Additionally, since some information may not be appropriate or satisfactory for your use, you should verify all information before relying on it. Any decisions made based on information contained in the Site, including information received through use of the Site or Services, should be used at your own discretion.
LIMITATION OF LIABILITY
The The Yes Lab considers every proposed Scheme that is submitted to the Action Switchboard and makes every effort to improve Schemes in their efficacy, however the responsibility for the schemes and the actions that they spawn are ultimately borne by the individuals who participate and carry out the scheme. That said, The Yes Lab will do our best to give support to anyone who gets into legal hot water because of a project that they carry out using the switchboard, including showing the situation to our own wonderful lawyers, The Electronic Frontier Foundation, to evaluate a reasonable course of action.
Various individuals and organizations advise and materially support the Action Switchboard. These entities function only in an advisory capacity, and do not bear any liability for the actions of ASB participants. In particular, organizations that are noted experts at achieving goals that schemes are being organized around may advise on how to best achieve those goals, and may provide incentives or assistance to the Action Switchboard to work towards those goals, but they are not taking responsibility for the schemes.
Users who publish personal information or information regarding their organization on this Site understand the risks they are exposing themselves to by sharing their information and making it public. It is possible that some people or organizations that are not affiliated with our Site will take this information and attempt to use it inappropriately. The Yes Lab is not responsible for damages caused by inappropriate use of the information published by Users. As mentioned above, we can only remove information from the Site or limit a User's privileges, but we are unable to take action beyond this Site.
You expressly understand and agree that The Yes Lab shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if Idealist has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the Site or Services; (ii) any link provided in connection with the Site or Services; (iii) your reliance on any portion of the Site or Services; (iv) the interruption, suspension or termination of the Site or any Services hereunder; (v) the timeliness, deletion, misdelivery, or failure to post or store any information; and/or (vi) any matter otherwise related to your use of the Site or Services. In no event shall The Yes Lab's liability to you relating to your use of the Site and/or Services exceed $50.
The Yes Lab is not involved in the relationship between individual members and organizations. If you have a dispute with another individual or organization, you understand that The Yes Lab is not required to assist you in the dispute. You hereby agree to release The Yes Lab from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the Site and its Services. You understand that the Site and its Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Site and its Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Site and its Services.
We are also not responsible for the behavior of individuals or organizations outside of the Site, as a part of society. The Yes Lab can only safeguard and seek to assure the good conduct of Users on the Site. Our intervention is limited to provide a space to publish information and thus generate connections.
Neither the The Yes Lab, the Yes Lab, nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the The Yes Lab, the Yes Lab, or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused.
First, a disclaimer for this indemnification: The Action Switchboard was founded by The Yes Men. Many people seem to think that the types of things that we do (and therefore the schemes on the Action Switchboard) must be illegal. Baloney! We’ve never had a criminal case brought against us, and we’ve only once had a civil lawsuit, which was in fact withdrawn after a few years of waiting. Compared to, say, waiting for climate change to take its course, there are few risks to the types of activities that we expect to find in the schemes on the Switchboard. That having been said, there is this next part of the agreement that indemnifies us in the unlikely event that you do attract the attention of litigious monsters.
User agrees to hold harmless and indemnify, the The Yes Lab, The Yes Men, the site developers (Glocal), and the ISP hosting the site (May First / PeopleLink), as well as its contributors, any entity jointly created by them, their respective affiliates and their respective directors, officers, employees, and agents from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any content therein, and (b) any use of the Site or Services that violates the Terms and Conditions.
This website attempts to make it easier for individuals to collaborate on activist projects. The user specifically acknowledges that the The Yes Lab, the Yes Lab, and its contributors are not responsible for any defamatory, offensive, misleading, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.