Terms of Use

Last Updated: August 24, 2024

Welcome to 1-800-WE-SURVIVED. These Terms of Use (“Terms”) govern your use of our services, including our website, applications, and any other services offered by 1-800-WE-SURVIVED (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and acknowledge that you have read and understood them.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to agree to these Terms on behalf of the organization and bind the organization to these Terms. The term “you” in these Terms refers to you as an individual or the entity on whose behalf you are using the Services, as applicable.

1-800-WE-SURVIVED reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after any such changes take effect constitutes your acceptance of the new Terms.

I. Acceptance of Terms

By accessing or using the services provided by 1-800-WE-SURVIVED (“Service Provider”), you (“User”) agree to be bound by these Terms of Use. If you do not agree to these terms, you must not access or use the services. These Terms of Use constitute a legally binding agreement between you and 1-800-WE-SURVIVED , governing your access to and use of the services provided.

II. Geographic Restrictions

  1.   Service Availability: The services provided by 1-800-WE-SURVIVED are currently available only to residents of the states of Florida and California. By accessing or using our services, you confirm that you are a resident of either Florida or California.

  2.   Eligibility Verification: Users may be required to provide proof of residency in Florida or California to access certain features or services. This may include providing a valid state identification card, utility bill, or other acceptable forms of proof of residence.

  3.   Limitations: Users outside of Florida and California are not eligible to use the services provided by 1-800-WE-SURVIVED at this time. We reserve the right to block or disable access to our website and services for users who do not meet this geographic criterion.

  4.   Future Availability: We may expand our services to additional states in the future. Any changes in the availability of our services to other regions will be updated in these Terms of Use and communicated to users through our website and other appropriate channels. California and Florida Specific Disclosures: In accordance with state laws, residents of California and Florida are entitled to specific rights and disclosures. For California residents, please refer to the “California Disclosures and Complaint Reporting” section for more information. For Florida residents, please be aware of your rights under Florida state law and how you can report any complaints or issues directly to us.

III. Ownership

1-800-WE-SURVIVED is owned and operated by “Gaia”-“vation” Inc., a California Corporation with its principal place of business located at “Gaia”-“vation”, 1401 21st street Suite “R”, Sacramento, CA 95811. All references to “we,” “us,” “our,” “Service Provider,” and “1-800-WE-SURVIVED” in these Terms of Use refer to “Gaia”-“vation”.

These Terms of Use are subject to change by 1-800-WE-SURVIVED at any time, in its sole discretion. Your continued use of the services after such changes are implemented constitutes your acceptance of the new terms. Therefore, we encourage you to review the Terms of Use periodically for any updates or changes.

IV. Modification of Terms

1-800-WE-SURVIVED reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, the Service Provider will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the Service Provider’s sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services.

V. User Eligibility

This Terms of Use Agreement (the “Agreement”) is entered into between 1-800-WE-SURVIVED  (“Service Provider”) and the User (“User”). By accessing or using the services provided by 1-800-WE-SURVIVED, the User represents and warrants that they are at least 18 years of age or, if under 18, are using the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Furthermore, the User confirms that they have the legal capacity to enter into this Agreement under the laws of California.

The User agrees not to use the services provided by 1-800-WE-SURVIVED if doing so would violate any applicable local, state, national, or international law or regulation. The Service Provider reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, should the User fail to meet these eligibility criteria.

VI. Information Sharing with Attorneys

By using the services provided by 1-800-WE-SURVIVED, you acknowledge and agree that the information you provide to us may be shared with attorneys or law firms within our network for the purpose of facilitating legal referrals. This information may include, but is not limited to, your name, contact information, and any details you provide about your legal needs.

We take your privacy seriously and will only share your information with trusted attorneys or law firms who have agreed to adhere to our privacy standards. However, once your information is shared with an attorney or law firm, it will be subject to their privacy policies and practices. For more information on how we handle your personal data, please refer to our Privacy Policy.

If you have any questions or concerns about how your information will be used or shared, please contact us at support@100WeSurvived.com before providing your information.

VII. Non-Guarantee of Case Acceptance

Submitting your information to 1-800-WE-SURVIVED does not guarantee that an attorney will take your case. The decision to accept a case is solely at the discretion of the individual attorney or law firm.

VIII. User Account and Security

In order to access certain features of the services provided by 1-800-WE-SURVIVED, the User may be required to create an account. The User agrees to provide accurate, current, and complete information as may be prompted by any registration forms on the Service Provider’s website or through other means of account creation. The User is responsible for maintaining the confidentiality of their account information, including the password, and for all activities that occur under their account.

The User agrees to immediately notify the Service Provider of any unauthorized use of their account or any other breach of security. The Service Provider will not be liable for any loss or damage arising from the User’s failure to comply with this section. However, the User may be held liable for losses incurred by the Service Provider or any other user of or visitor to the Service Provider’s website due to someone else using the User’s account or password.

The User is advised to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with their account. The Service Provider reserves the right to suspend or terminate the User’s account and refuse any current or future use of the 1-800-WE-SURVIVED’s services (or any portion thereof) if any information provided by the User is inaccurate, not current, or incomplete, or if the Service Provider has reasonable grounds to suspect that such information is inaccurate, not current, or incomplete.

IX. Intellectual Property Rights

All intellectual property rights in the content, services, and all materials provided by 1-800-WE-SURVIVED, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, software, and the compilation thereof (collectively, the “Content”), are owned by the Service Provider or its licensors and are protected by United States and international copyright, patent, trademark, and other intellectual property or proprietary rights laws.

By agreeing to the Agreement, the User acknowledges that all Content provided by the Service Provider is for the User’s personal, non-commercial use only. Except as expressly provided in the Agreement, no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Service Provider’s express prior written consent.

The User agrees not to use any automatic device, or manual process to monitor or copy any of the Content or for any other unauthorized purpose without the 1-800-WE-SURVIVED’s prior written consent. Additionally, the User agrees not to use any device, software, or routine that interferes with the proper working of the services, or to attempt to interfere with the proper working of the services.

The Service Provider reserves all rights not expressly granted to the User in and to the Content and the services.

X. User Conduct

The User agrees to use the services provided by the Service Provider in a manner consistent with all applicable local, state, national, and international laws and regulations. The User shall not use the services to:

  • Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

  • Impersonate any person or entity, including, but not limited to, a Service Provider official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the services;

  • Upload, post, email, transmit, or otherwise make available any Content that the User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services;

  • “Stalk” or otherwise harass another; or

  • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above items.

The Service Provider reserves the right to terminate the access of any User found to be in violation of this Agreement.

XI. User Responsibilities

Users of this website are responsible for providing accurate and truthful information when seeking referrals. Any false or misleading information provided may hinder the referral process and result in a delay or inability to connect with a suitable attorney.

XII. Limitations of Liability for Referrals

1-800-WE-SURVIVED shall not be liable for any actions or omissions of the attorneys or law firms to whom we refer leads. Our role is limited to providing referral services, and we do not provide legal representation or advice. Any legal relationship formed is strictly between the referred attorney and the client.

XIII. Third-Party Links and Content

The Service Provider may provide links to third-party websites, advertisements, or resources (“Third-Party Links”) as a convenience to Users. These Third-Party Links are not under the control of the Service Provider, and the inclusion of any link does not imply endorsement, approval, or recommendation by the Service Provider of the site or any association with its operators.

Users acknowledge and agree that the Service Provider is not responsible for the availability of these external sites or resources and does not endorse and is not liable for any Content, advertising, products, or other materials on or available from such sites or resources. Users assume full responsibility for their use of any Third-Party Links and acknowledge that their use of such links is at their own risk.

In no event shall the Service Provider be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Service Provider has been advised of the possibility of such damages), resulting from the use or the inability to use the Third-Party Links.

XIV. Disclaimer of Warranties

THE SERVICE PROVIDER, 1-800-WE-SURVIVED , PROVIDES THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE 1-800-WE-SURVIVED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 1-800-WE-SURVIVED  EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 1-800-WE-SURVIVED  DOES NOT WARRANT THAT THE CONTENT, THE SERVICES, OR EMAILS SENT FROM OR ON BEHALF OF 1-800-WE-SURVIVED  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

1-800-WE-SURVIVED  FURTHER DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. 1-800-WE-SURVIVED  ALSO DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. 1-800-WE-SURVIVED  DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM 1-800-WE-SURVIVED  OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

THE USER ACKNOWLEDGES THAT THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. REGARDING THIRD-PARTY LINKS, 1-800-WE-SURVIVED  DOES NOT ENDORSE, VERIFY, OR MAKE ANY REPRESENTATIONS REGARDING THESE THIRD-PARTY LINKS AND DISCLAIMS ALL LIABILITY ARISING FROM THE USE OF THESE THIRD-PARTY LINKS.

XV. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE SERVICE PROVIDER’S SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE PROVIDER’S SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE PROVIDER’S SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE PROVIDER’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The User acknowledges that the Service Provider does not warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the services.

This limitation of liability section shall survive any termination or expiration of the Agreement.

XVI. Indemnification

To the fullest extent permitted by law, the User agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the Agreement or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the Service using the User’s account.

This indemnification obligation will survive the termination of the Agreement and the User’s use of the Service. It is the User’s responsibility to ensure that their use of the Content and Third-Party Links does not infringe on the rights of any third party or violate any applicable law.

XVII. Termination and Account Cancellation

The Service Provider reserves the right, in its sole discretion, to terminate your access to all or any part of the services at any time, with or without notice, for any reason whatsoever, including, but not limited to, breach of this Agreement. Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the services.

The User acknowledges that the Service Provider has the right to delete or deactivate the User’s account, block the User’s email or IP address, or otherwise terminate the User’s access to or use of the services (or any part thereof), immediately and without notice, for any reason, including, but not limited to, the User’s breach of any terms of this Agreement. Upon termination, the User’s right to use the services will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

XVIII. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any principles of conflicts of law. By using the services provided by the Service Provider, the User agrees to submit to the jurisdiction of the state and federal courts located in California for the resolution of all disputes arising out of or in connection with this Agreement or the User’s use of the Service Provider’s services. The User acknowledges that any legal action taken against the Service Provider must be commenced and notified to the Service Provider within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

XIX. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures.

The place of arbitration shall be in the State of California, and the arbitration shall be conducted in the English language. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By agreeing to these terms, the User consents to the jurisdiction of the courts of California for such purposes.

The parties agree that any arbitration shall be conducted in the State of Wyoming on an individual basis and not in a class, consolidated or representative action.

XX. Class Action Waiver

YOU AND 1-800-WE-SURVIVED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 1-800-WE-SURVIVED agree otherwise, the court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

XXI. Jury Trial Waiver

THE USER AND 1-800-WE-SURVIVED HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE USER’S USE OF THE SERVICES OR THE RELATIONSHIP BETWEEN THE USER AND 1-800-WE-SURVIVED. This waiver extends to any and all rights to a jury trial which the parties may have under any statute, common law, or principles of equitable relief. The parties acknowledge that this waiver is a material inducement to enter into a business relationship and that they will continue to rely on the waiver in their related future dealings.

XXII. Consent to Electronic Communications

You hereby consent to the exchange of information and documents between you and 1-800-WE-SURVIVED via electronic means. By accepting these Terms of Use, you agree that we may provide electronically any and all communications concerning the Services, including but not limited to agreements, amendments, privacy notices, disclosures, notices of cancellation, and other information (collectively, “Communications”). Your consent to receive electronic Communications includes any Communications 1-800-WE-SURVIVED is required to provide to you by law.

You also agree that all Communications provided to you electronically by 1-800-WE-SURVIVED are considered to be “in writing.” You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. Your consent to receive electronic Communications is valid until you revoke it. You may revoke your consent to receive electronic Communications at any time by contacting 1-800-WE-SURVIVED’s Customer Service. However, please be aware that withdrawal of consent may result in the termination of your access to the Services.

To access and retain the electronic Communications, you will need a computer or device with an internet connection and an email account. By providing your consent, you affirm that you have the hardware and software described above, that you can receive, open, and print or save any Communications for your records.

The Service Provider reserves the right to provide any Communications in paper format to your address of record, even if you have chosen to receive it electronically.

XXIII. General Provisions

This Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions. The User agrees that any legal action or proceeding between the Service Provider and the User for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

The User’s use of the Content is at their own risk. The Service Provider, 1-800-WE-SURVIVED , does not warrant the accuracy, completeness, or usefulness of any Content, and the User hereby indemnifies and holds harmless the Indemnified Parties from any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or related to the User’s use of the Content or violation of this Agreement.

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Service Provider’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

This Agreement constitutes the entire agreement between the User and the Service Provider regarding the use of the services, superseding any prior agreements between the User and the Service Provider related to the User’s use of the services. There are no other understandings or agreements, verbal or otherwise, between the User and the Service Provider concerning the User’s use of the services.

Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, wars, insurrections, terrorist acts, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay. The affected Party shall notify the other Party of such force majeure event as soon as reasonably possible and shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized.

XXIV. California Disclosures and Complaint Reporting

In accordance with California state law, users who are California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted online at www.dca.ca.gov, or by telephone at 1-800-WE-SURVIVED (1-800-937-8784). The Service Provider encourages our users to report any complaints they have about our Services directly to us via email at support@1800WeSurvived.com so we can resolve them as soon as possible.

XXV. Florida Disclosures and Complaint Reporting

In accordance with Florida state law, users who are Florida residents are entitled to specific consumer rights notice: The Florida Department of Agriculture and Consumer Services may be contacted online at www.fdacs.gov, or by telephone at 1-800-HELP-FLA (1-800-435-7352). The Service Provider encourages our users to report any complaints they have about our Services directly to us via email at support@1800WeSurvived.com so we can resolve them as soon as possible.

XXVI. Contact Us

For any questions or comments regarding the Services or these Terms of Use, please contact us at:

1-800-WE-SURVIVED Customer Service

Email: support@1800WeSurived.com

Phone: 1-800-WE-SURVIVED (1-800-937-8784)

Address: Customer Service Department, 1-800-WE-SURVIVED, 1401 21 st Street, Suite R, Sacramento, CA 95811

Our customer support team is available from 9:00 AM to 5:00 PM (PST) Monday through Friday, excluding public holidays. We aim to respond to all inquiries within 48 hours.

XXVII. Contact for Support Services

If you or someone you know is a victim of sexual assault and needs immediate support services, please contact a local support organization or emergency services. 1-800-WE-SURVIVED provides legal referrals and does not offer crisis intervention or counseling services.