Last Updated: October 27, 2020
1. Introduction and Acceptance of Terms
1.1 This document states the terms and conditions (these “Terms”) upon which RemoteMode, LLC (“we” or “us”) will provide service to you on and through our websites, services, and applications (collectively, the “Services”). As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or their representatives, successors, assigns, and affiliates, and any of your or their devices.
1.2 By visiting, accessing, using, downloading, copying, installing and/or joining (collectively “using”) the Services, you express your understanding and acceptance of these Terms. If you do not agree to be bound by these Terms, cease using the Services and delete it. These Terms constitute a binding contractual agreement between you and us. These Terms also contains provisions under which certain claims may not be decided by a jury, so please read this document carefully.
1.3 In addition to these Terms, your use of the Services are subject to any other guidelines, rules, or licenses posted or made available in connection to any Courses (defined below), as they may be modified from time to time, and which are incorporated herein by reference. Furthermore, participation in any Courses or any other use of the Services subjects you to our Honor and Community Conduct Code, as they may be modified from time to time, and which are incorporated herein by reference.
1.4 NOTICE REGARDING DISPUTE RESOLUTION: These Terms contain provisions governing how claims between you and us are resolved, including an agreement and obligation to arbitrate disputes, which, with limited exceptions, requires you to submit claims you may have against us to binding arbitration. Pursuant to the arbitration clause, you will only be permitted to pursue claims against us on an individual basis and not as part of any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.
2. Eligibility and Accounts
2.1 Use of the Services is not permitted where prohibited by law. Without limiting the foregoing, you represent and warrant that you are not located in a country that is subject to international or applicable embargo, or a country that has been designated by the international or applicable law as a “terrorist supporting” country and that you are not listed on any applicable list of prohibited or restricted parties.
2.2 Subject to the following provisions, you must be at least 13 years of age to use the Services. If you are under 18 years old, but at least 13 years old, you represent and warrant that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into these Terms and comply with these Terms. The Services are not intended for, nor directed at, any person under 13 years old (or under the applicable age of consent in your applicable jurisdiction). If you are under 13 years old, you are not permitted to use the Services and you must immediately cease using the Services, regardless of parental authorization.
2.3 You may be required, from time to time and in our discretion, to create an account with us (an “Account”) to use the Services to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request. You acknowledge that we may also access, with your permission, personally identifiable information through Facebook, Instagram, Google, YouTube, or other means based on the permissions you provide. You shall not use another person or entity’s Account without authorization or access the accounts of any other person on any other systems. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to the further indemnification herein, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to all of your data on your Account, including any private content.
2.4 The consideration for your acceptance of these Terms is that we are providing you the Grant of Use to use the Services pursuant hereto. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Services.
3. Grant of Use and Termination
3.1 We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Services, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms and subject to the restrictions of the Services. You may only access and use the Services for your personal educational use.
3.2 This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your Account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Services, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Services after said termination. Upon termination, the grant of your right to use the Services shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.
4. The Services
4.1 We provide a wide variety of services through the Services, including, without limitation, information, content, services and materials made available through our websites and online channels that enable you to participate in our educational programs (collectively, “Courses”) as well as related services (including, without limitation, as may be made available from time to time, career and mentor services). Upon completion of certain Courses or a course of Courses, we may grant you a certificate of completion in our sole discretion and further subject to compliance with all our policies.
4.2 Without limitation to other provisions herein, we reserve the right to alter, modify or rearrange the schedule of Courses offered, or the topics for any Course, as well as the value of any assignments, tests, quizzes, exams, projects, participation, evaluations, or other criteria that are taken into account in consideration of your activities in any Course. You acknowledge and understand that both we and any instructors of any Courses maintain the right and ability to modify any Courses as they deem appropriate. Furthermore, some parts of the Services may be offered through third-parties and may be subject to whatever terms and provisions pursuant to which such third-parties offer the Services.
5. Intellectual Property and Course Materials
5.1 The Content, excluding User Submissions and Third Party Content (defined below), but including all Course materials (e.g., videos, resources, etc.) and all other text, graphical images, photographs, music, video, software, scripts, source code, and trademarks, service marks and logos contained therein (collectively, “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark, and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.
5.2 Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Proprietary Materials, Third Party Content or User Submissions of other users of the Services. Without limiting the generality of the foregoing, this means that you may not create derivative works of, copy, display, distribute, duplicate, publish, reproduce, resell, sell, share, transfer or otherwise exploit any Course materials, whether for commercial purposes or otherwise.
6. User Submissions
6.1 You are entirely responsible for any and all materials you upload, submit, transmit, create, modify or otherwise make available in or via the Services (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.
6.2 You shall be solely responsible for any and all of your own User Submissions and any and all consequences of uploading, submitting, modifying, transmitting, creating or otherwise making available the User Submissions. For any and all of your User Submissions, you affirm, represent and warrant that:
- You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Services and these Terms.
- You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Services and these Terms.
6.3 You further agree that you shall not upload, submit, create, transmit, modify or otherwise make available material that:
- Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein, or have other legal and effective basis to the material and to grant us all of the license rights granted herein.
- Is obscene, vulgar, pornographic, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion.
- Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals.
- Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity.
- Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation.
6.4 We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Services and these Terms. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions.
6.5 You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you have the right to upload, modify, access, transmit, create or otherwise make available the User Submissions on the Services, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.
6.6 You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.
6.7 Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Services in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.
6.8 If you make any suggestions to us about improving the Services or adding new features to the Services, you are assigning to us the right to use your suggestions without any compensation to you.
7. Content on the Services
7.1 You understand and acknowledge that, when using the Services (including, for instance, chat rooms, classrooms and other ways of interacting with other persons on the Services), you will be exposed to content from a variety of sources including content made available on or through the Services by other users, services, parties and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.
7.2 We claim no ownership or control over Third Party Content. Third parties retain all rights to their respective Third Party Content and they are responsible for protecting their rights as appropriate.
7.3 You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Services for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).
7.4 Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Services is provided to you “AS-IS” for your personal educational use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.
7.5 You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.
8. Marketing and Communications
8.1 We may contact you through our in-Services messaging services and notifications while you use the Services. You consent to receiving these messages and notifications. We may also provide contact information through the Services for you to contact us. If you use the contact information to contact us, you consent to receive any notifications, messages, or other communications back from us. These responsive communications may include telephone calls, text messages, instant messages (e.g., through Facebook Messenger, Gchat or otherwise), emails or other forms of response, marketing and solicitation.
8.2 Without limiting the generality of the foregoing, by providing us your contact information, you expressly consent to receive all communications, notifications, documents, disclosures and agreements, whether transactional, promotional, or otherwise, and that any such notices, disclosures or other communications that are provided electronically or otherwise satisfy any legal requirement that communications be in writing. You represent and warrant that you have the ability to store all electronic communications in a manner as they remain accessible and unchanged.
8.3 By agreeing to receive electronic communications and/or telephonic communications to your provided phone number, you represent and warrant that you are the subscriber of the telephone service at the telephone number provided, or that you are authorized by the subscriber to receive communications to that telephone number. You further consent to receive autodialed or prerecorded calls, SMS, MMS, text messages and instant messages. These communications may be for any of the following purposes, but without limitation: (i) to notify you about activity connected with your Account and its use; (ii) to provide you with the Services (including by marketing, promoting or soliciting you for the Services); (iii) to troubleshoot problems you may have with the Services; (iv) to resolve disputes; (v) to collect debt; or (vi) to otherwise as necessary service your Account and enforce these Terms and other agreements or arrangements between you and us.
8.4 You agree that we may share your content information with affiliates and third-party service providers (including, for instance, customer support, billing or collection companies, or marketing companies) to assist us with pursuing our rights and performing our obligations under these Terms and other agreements or arrangements between you and us. These parties may also contact you using autodialed or prerecorded calls, text messages and instant messages. Standard telephone minute and text charges may apply, for which you will be solely responsible.
8.5 You consent to us, from time to time in our discretion, monitoring or recording any telephone communications between you (or anyone acting on your behalf) and us (or our service providers) for quality control, training purposes, and for our own protection.
9. User Conduct
9.1 You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.
9.2 You hereby expressly authorize us to monitor, record and log any of your activities on the Services.
As a condition of your use of the Services:
- You agree not to use the Services for any unlawful purpose or in any way that is prohibited by these Terms.
- You agree to abide by all applicable local, state, national and international laws and regulations.
- You agree not to use the Services in any way that exposes us to criminal or civil liability.
- You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Services.
- You agree that all your User Submissions belong to you and that you have the right and authority to provide them to us and make use of them on or through the Services.
- You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Services.
- You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- You agree not to “stalk” or otherwise harass anyone on or through the Services.
- You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit.
- You agree not to disable, circumvent, or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Services or the content therein.
- You agree not to post, link to, or otherwise make available on the Services any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Services or any Content to any third party.
- You agree not to “frame” or “mirror” the Services.
- You agree not to reverse engineer any portion of the Services.
- You agree to be solely responsible for all acts and omissions that occur as a result of your use of the Services.
9.3 You may only use the Services consistent with these Terms and any and all agreements, rules, codes of conduct or other restrictions under which the Services are provided to you. You assume sole responsibility for obtaining any additional or related hardware or software required for use of the Services.
9.4 You are not permitted to decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Services, use any similar means to discover the source code of the Services or to discover any trade secrets or other intellectual property in the Services.
9.5 We reserve the right to take appropriate action against any user for any unauthorized use of the Services, including civil, criminal and injunctive redress and the termination of any user’s use of the Services. Any use of the Services and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign, and domestic criminal and civil laws.
9.6 In addition to termination of the grant of use of the Services, any violation of this Agreement, including the provisions of this Section, shall subject you to liquidated damages of ten thousand dollars ($10,000) for each violation. In the event that your violation results in legal action (whether against you or against us by any party) or physical or emotional harm to any party, you shall be subject to liquidated damages of One Hundred and Fifty Thousand Dollars ($150,000) for each violation. We may, in our discretion, assign any such damage claim or portion thereof to a third party that has been wronged by your conduct. These liquidated damages provisions are not a penalty, but instead an attempt by the Parties to reasonably ascertain the amount of actual damage that could occur from such a violation. You acknowledge and agree that the amount of these liquidated damages is a minimum and that if actual damages are greater you shall be liable for the greater amount. If a court of competent jurisdiction finds that these liquidated damages are unenforceable to any extent, then the liquidated damages shall be lowered only by the extent necessary for them to be enforceable.
10. Tuition and Payments
10.1 To access specific Content and benefits on the Services, including to join certain Courses or course of Courses, you must purchase a subscription, pre-pay tuition or fees for the Course or course of Courses or other parts Services as available and as listed. Prices for access to Content and other services and activities will be posted on the Services and may change from time to time in our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. If at any time we terminate your rights to use the Services because of a breach of these Terms, you shall not be entitled to a refund of any portion of any payment you have made. In all other respects, such fees shall be governed by additional rules posted on the Services as may be amended from time to time.
10.2 We require you to provide certain information to allow us or our payment processing affiliate(s) to process and authorize the payment of fees, including, without limitation, your name, billing address, card number, card expiration date, card security number, account number and routing number. You represent and warrant that (i) you have the legal right to use form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us, you grant us the right to provide this information to such third parties. Alternatively, you acknowledge that we may give you the option to make your payments directly through third-parties in our discretion. You agree to be bound by any applicable terms and conditions of our third-party payment processors.
10.3 You acknowledge and agree that we may charge any form of payment you have on file with us for any fees you incur on the Services. You authorize us and our agents (including payment processors) to charge the form of payment on file for such payments on your behalf.
10.4 You acknowledge that taxes or any other additional fees or charges may be added on to any charges or fees you make on the Services and that you are responsible for the same. We may modify, add or remove such taxes or additional fees or charges in our sole discretion from time to time. You must make sure to carefully review your order before confirming it.
10.5 When making a purchase, fees for Course or course of Courses or other parts of the Services must be paid in advance of the period for which you seek to use it. You may not have access to specific Content if you have not paid for that Content for that time period as applicable. We may in our discretion and from time to time offer a variety of models and payment plans that differ in terms of length, content, services, and prices.
10.6 We reserve the right to refuse, cancel or terminate your order and/or access for any time and for any reason in our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order and/or access because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
10.7 For your convenience and satisfaction, all products and services with recurring payments will automatically renew upon expiration unless you cancel it prior to the end of the current period. Pursuant to the following paragraph, upon all automatic renewals, we will automatically charge your payment method on file. All recurring products and services will continue indefinitely until cancelled by you or you graduate. Cancellations take effect at the end of the current billing period and there are no partial refunds or credits. Even if you do not use the Services during the period for which you purchased access, you are still responsible for any fees until you cancel your access or it is otherwise terminated.
10.8 YOUR PAYMENT METHOD ON FILE MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES AND/OR THE NEXT RECURRING PAYMENT PERIOD FOR YOUR PURCHASED SERVICES. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH PAYMENTS ON YOUR BEHALF.
10.9 You agree not to report as fraudulent, lost or stolen any form of payment which you have used in connection with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, for which you do not have a good faith reason to believe is in fact unauthorized. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
10.10 We may modify (including by increasing) the price of any part of the Services for which you are currently paying at any time in our sole discretion upon thirty (30) days’ prior notice to you. If you do not cancel your access prior to the effective date of the new modified price, you shall be deemed to have accepted the new price.
11.2 You acknowledge that we may collect and use technical data and related information, including but not limited to technical information about your device, system and Services software, and peripherals, that is gathered periodically to facilitate the provision of updates to the Services. You also acknowledge that we may sell information regarding you to third parties for marketing purposes.
11.3 You understand, acknowledge and agree that we may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably desirable or necessary for us.
12. Modification of These Terms
12.1 We reserve the right to amend these Terms at any time by posting such amended Terms to the Services. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE SERVICES FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
13. Indemnification, Release, Disclaimers and Limitations of Liabilities
13.1 READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONTAINS OTHER LIMITATIONS ON YOUR RIGHTS, AND OBLIGATIONS ON YOU IN CERTAIN CIRCUMSTANCES.
13.2 You hereby agree to indemnify us and hold us harmless from any and all damages, third-party claims, and expenses, including attorney’s fees, arising from your use of the Services and/or from your breach of these Terms.
13.3 In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
13.4 The Services may contain links to third-party websites or other services which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites or other services. We have no right or ability to edit the content of any third party websites or other services. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites or other services.
13.5 The Services (including, without limitation, all information received through the Services or from us, or as provided in any Courses) is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Services. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you or be limited insofar as they relate to such implied warranties.
13.6 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION RECEIVED THROUGH THE SERVICES OR FROM US), WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICES, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICES OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU OR BE LIMITED.
13.7 WE DO NOT WARRANT THAT (i) THE SERVICES (OR ANY INFORMATION THEREON OR FROM US OR ANY PART OF ANY COURSES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
13.8 ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES (OR OTHERWISE FROM US) IS OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES YOU MAY SUSTAIN AS A RESULT OF THE USE OF ANY INFORMATION OBTAINED FROM US.
13.9 YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES (OR ANY INFORMATION RECEIVED FROM US) EXCEED $500 IN AGGREGATE.
13.10 All of the above provisions shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.
14. Legal Disputes
14.1 To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of Massachusetts without regard to conflict of law provisions. Subject to the following arbitration provision, FOR ANY CLAIMS ARISING HEREFROM, YOU AGREE TO SUBMIT AND CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN THE UNITED STATES OF AMERICA. You hereby waive any right to seek another venue because of improper or inconvenient forum.
14.2 YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
14.3 Notwithstanding the foregoing, and except to the extent covered by Section 14.4, any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination or validity hereof or your use of the Services (a “Controversy”), shall be settled by arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures (modified only as herein expressly provided), and judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be carried out in person in Boston, MA before one arbitrator. The arbitrator may issue a default against any party that fails to participate in the arbitration. The arbitration will be held in accordance with and subject to the procedural and substantive laws of the State of Massachusetts. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award or (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of these Terms. The language used in the arbitration proceedings will be English.
14.4 Either party may elect to litigate instead or arbitration pursuant to Section 14.3 hereof in any of the following circumstances: (i) only to the extent that such party is seeking equitable relief; (ii) for claims that meet the jurisdictional requirements for small claims court; or (iii) to compel compliance with the arbitration provision. Any such litigation must be brought in accordance with Section 14.1 hereof.
14.5 You hereby agree that as part of the consideration for these Terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the Parties arising from or relating to these Terms or the Services. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of this section are waived.
15. Copyright Claims
15.1 We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Services if you submit any such Content.
15.2 REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS IN THREE DIFFERENT DAYS WITHIN ANY CONTIGUOUS THREE-MONTH PERIOD WILL HAVE HIS ACCOUNT BANNED FROM UPLOADING NEW VIDEOS TO STOP FURTHER INFRINGEMENTS AND/OR BE TERMINATED.
15.3 We comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Services, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to [email protected] or sent to:
539 Commonwealth avenue
Newton, MA 02492
15.4 All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:
- Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work.
- Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Services.
- Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address.
- A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law.
- A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed.
- A physical or electronic signature from the copyright holder or an authorized representative.
15.5 If your User Submission is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided and the location in which the purported copyright owner is located.
- A statement that you will accept service of process from the purported copyright owner or its agent.
16. General Terms
16.1 These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
16.2 Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
16.3 If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
16.4 Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
16.5 These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
16.6 You agree that we may provide you with notices by e-mail, regular mail, or postings to the Services.
16.7 The section titles in these Terms are for convenience only and have no legal or contractual effect.
16.8 As used in these Terms, the term “including” is illustrative and not limitative.
16.9 If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.