KidRewards Terms of Service
The following are the terms of service (“Terms of Service”) that define the relationship between Abacove LLC. (doing business as KidRewards (“Company,” “KidRewards,” “we,” or “us”)) and you, and govern your use of KidRewards’ services.
PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION SECTION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE SERVICES.
We’ve done our best to write this policy in simple, clear terms. We’ve also added summaries below each section that provide short explanations of the legal language in plain English (it starts with ‘Basically...’) to aid in understanding, but it isn’t legally binding.
Last updated: October 20, 2020
Agreeing to our Terms
Thank you for your interest in KidRewards, which owns and operates the services offered on KidRewards.org and kid.lu (“KidRewards Website”), including the KidRewards platform (“KidRewards Platform”), and any associated mobile applications (“KidRewards Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).
These Terms of Service contain general terms that apply to you as a user of the KidRewards Service ("User"), along with additional terms that may apply to you as a User registered as a teacher, school leader, aide, or other similar personnel ("School Personnel"), or a parent. If you are School Personnel, you will also be subject to our Student Data Protection Addendum (“DPA”)
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
By using or signing up for KidRewards, you agree to these terms. If you are under the age of 18, your legal guardian or parent will need to review and agree to the Agreement on your behalf. Welcome to KidRewards!
Using the Service
Permission to use KidRewardsAs long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service solely to enable your use of the Service. The Service is available for your personal, noncommercial use and should only be used for educational purposes or lawful purposes that help bring school communities together or help parents and children build stronger relationships at home. You may use KidRewards for personal, non-commercial use only.
Please also be aware that your carrier’s normal rates and fees apply, such as text messaging and data fees.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Changes to the Service
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you (or your school as applicable) own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Please see our FAQ for more information.
RestrictionsExcept as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “KidRewards Technology” and “Acceptable Use and Conduct” sections.
You can use KidRewards, as long as you follow the rules in these terms.
The Service and the KidRewards Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement. “KidRewards Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including KidRewards proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all KidRewards Marks. “KidRewards Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of KidRewards.
KidRewards Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the KidRewards Technology. You agree that, as between you and KidRewards, all the intellectual property rights in the KidRewards Service and KidRewards Technology, which does not include User Content (as defined below), are owned by KidRewards or its licensors. These terms do not grant you the right to use any KidRewards Marks.
You will not, nor will you allow any third party (whether or not for your benefit) to:
- Run, license, rent, lease, loan, distribute, or sell access to the KidRewards Service or the KidRewards Technology.
- Build or support (and/or assist a third-party in building or supporting) products or services in competition with KidRewards, or access the KidRewards Service to build a product using similar ideas, features, functions, interface or graphics of the KidRewards Service.
- Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the KidRewards Technology for any purposes other than as expressly permitted under this Agreement.
- Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any KidRewards Technology.
- Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content or KidRewards Technology or enforce limitations on use of the KidRewards Service or the User Content and KidRewards Technology.
- Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any KidRewards Premium Features or other custom products or merchandise, or otherwise use any of the KidRewards Technology in a manner that creates the impression that the KidRewards Technology belongs to you.
Use of our Service does not give you any ownership rights to our intellectual property. We respect copyrights, trademarks and brands. Please respect ours, too!
Your Information and Content
User Content and Activities
School Personnel may contribute educational content, create answers to assessments, create activities for students to complete, create derivative works (e.g. completion of assignments) and transmit this data and content to KidRewards (collectively “Activities”).
School Personnel and Users may submit feedback, comments or suggestions for improvements to the Services (in written, oral or any other form) (“Feedback”).
Consistent with applicable law, as between KidRewards and you, you (or your school as applicable) retain all ownership rights you have in any User Content. KidRewards does not claim any ownership rights in the User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us or our service providers.
In order to allow KidRewards to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service, including distributing Activities, and providing the Premium Features), worldwide, royalty-free, and transferable (only to a successor) right and license to:
- use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Content as necessary to (a) provide, improve and make the Service available to you and other Users including through any future media in which the Service may be distributed;
- use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes);
- use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you;
- use any User Content (including any Student Data or Education Record) that has been de-identified for any product development, research or other lawful purpose subject to the DPA; and
By default, if School Personnel contribute Activities, such Activities will be licensed royalty-free to KidRewards under the Creative Commons Attribution 4.0 License (“CC License”), which is available at https://creativecommons.org/licenses/by/4.0/. Such Activities shall be available to the School Personnel's school and its Users, but KidRewards may also sub-license such Activities to other Users of the Services at other schools. You acknowledge and agree that Activities will be licensed under the CC License unless you "opt-out" of sharing to other schools. Such Activities will continue to be licensed under the CC License until School Personnel “turns off” such sharing for that particular Activities. However, you understand and agree that if you "turn-off" sharing for Activities (i) the Activities will be available to Users within the School Personnel's school only; (ii) the change is prospective and does not terminate any sub-licenses to the underlying Activities previously granted by KidRewards to any third parties (such as teachers from other schools and districts), and (iii) KidRewards thereafter shall not grant any additional sub-licenses for the underlying Activities to third parties such as other schools.
The license in 1(a) above will terminate when you or your Institution (as defined below) delete (i) any User Content with intellectual property rights (like photos or videos) (“IP content”)), (ii) personally identifiable information (such as that in Student Data or an Education Record), or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. When you share User Content this can be viewed by other teachers, students and parents and it means that you are allowing others to access and use that information and to associate it with you (i.e., your name and profile picture if you provide one as a teacher or parent).
Your Responsibilities and KidRewards Rights
You agree that you, or your Institution, are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. Institution or School Personnel, as applicable, represents, covenants and agrees on behalf of yourself and your student Users that the submitting User (including your students) has all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content it submits or uploads without violating any third-party rights. You are responsible for ensuring your User Content complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of User (e.g., teacher, parent, or student). When you include User Content, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. KidRewards is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. KidRewards cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that KidRewards and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone’s intellectual property rights.
While KidRewards does not permit User Content containing personal information of Users under the age of 13 to be public, if you as a parent or School Personnel, upload any User Content to any area of our Service in areas that my be viewed by others containing your likeness or the likeness of others, you also agree to the following:
You consent to the use of your likeness, and you have obtained (as necessary) the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained any necessary written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's first and last name or address) with such User Content.
Analyzing User SubmissionsOur automated systems analyze your User Content (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. KidRewards will not analyze any personal information contained in Educational Records or Student Data for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to (i) prohibit KidRewards from marketing or advertising directly to parents or other Users so long as the marketing or advertising did not result from the use of personal information contained in Educational Records or Student Data obtained by KidRewards from providing the Service (unless with parental/guardian consent), (ii) apply to the marketing of school memorabilia such as photographs, yearbooks or class rings, (iii) prohibit KidRewards from using aggregate or De-Identified Data to inform, influence or enable marketing, advertising or other commercial efforts by KidRewards, (iv) limit the ability of KidRewards to use Educational Records or Student Data for adaptive learning or customized student learning purposes, or (v) prohibit KidRewards from using Student Data or Education Records to recommend educational products and services to parents/guardians, students or School Personnel so long as the recommendations are not based in whole or part in payment of other consideration from a third party.
Privacy and Security
Additional Terms by User Type
a) Students: if you are a student accessing the Service at the invitation of a teacher or other school official or your parent, the following terms apply to you.
(i) Invitation and Account Creation: Only students who have been invited, or given access to the Service, by their teacher, school, district, or parent may use the Service. You may not access or use the Service unless you are invited or given access to the Service by (i) a teacher, school, or district who is authorized to give you access to the Service (including creating your student account on your behalf to allow you to login to allow you to set up your own account) or (ii) your parent who must create your student account on the Service or allow you to use their KidRewards App on their device to access the Service.
(ii) Information Provided to KidRewards: We request minimal personal information to be provided from students to use the Service. If you are under 13 years of age, and you want a student account on KidRewards, you will need to either (1) have the student account created at school by your teacher (only after the teacher represents to KidRewards that they have obtained any necessary parental consent or acted as the agent of the parent and consented on their behalf) which allows you to then login to your student account , (2) receive a unique student code from your teacher to create your own account with a username (and/or email address) and password, or (3) have your parent create your student account after we have obtained parental consent from them. If you are creating your own account in addition to the unique student code from your teacher, we will either ask you for (1) a username (and/or email address), password, as well as your parents email address so that we can provide notice or obtain consent for you to use the Service.
If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you use the Service or as directed by your parent, teacher, school, or district, such as through the use of the Portfolios feature or use of Premium Features.
(iii) Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained either by 1) KidRewards if the parent is setting up a student account directly or allowing their child to use certain Premium Features within their parent account, or the student has received a unique student code from their teacher and is setting up their own account; or 2) a student’s teacher, school, or district if the teacher, school or district is setting up the student’s account and allowing the student to login. Any student account (or access to a student account) created for the student by the parent, or the student’s teacher in class, or the student directly, are linked together (these are not different accounts, but rather the same singular account). Children under the age of 13 are prohibited from using certain features of the Service without Consent, including, without limitation, student accounts. By using a student account on the Service, you promise that, if requested during your use of the Service, you provided your real age and that you are (a) over the age of 13; or (b) your parent (or you with the unique student code given to you by your teacher) has set up your student account and that any response sent to Company in response to Company seeking your parent’s consent comes from your parent or legal guardian; or (c) your teacher, school, or district has set up your student account or is otherwise allowing you to use the Service.
Students: if you want to create a KidRewards account, your account must be set up by a teacher or parent or you must be given a unique student code by your teacher to set up your own account. If you’re under 13, your parent must first give their permission or your school must have obtained your parent’s consent or acted as their agent and consented on their behalf.
We collect minimal information from students in order to create a KidRewards student account to provide them with the KidRewards service – usually a username, password, email address, and their age (and a parent’s email address to ask for Consent when applicable). Parents and teachers may also create the account on the student’s behalf.
b) School Personnel: If you are a School Personnel accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(i) Permissions and Authority: You agree that you are acting on behalf of (or have received all necessary permission from) your Institution to enter into this Agreement and to register and use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a User of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify KidRewards immediately at [email protected]kidrewards.org .
(ii) Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent and you understand that we will not let children under the age of 13 use certain features of the Service unless:
- KidRewards obtains Consent from the child’s parent or legal guardian if 1) the parent is creating an account for the student on KidRewards or allowing the student to access and use the Services on the parent device; or 2) the student has created their own student account using the unique student code given to them by their teacher; or
- You obtain School Consent in situations where you set up the child’s student account on their behalf to enable them to then log in or otherwise allow the student to access certain features of the Service in the classroom which may result in the collection of personal information from the child. KidRewards will not provide use of student accounts or access to the Service to children under the age of 13 if we are unable to obtain Consent or learn that you have not obtained School Consent. You agree that you will not knowingly create a child’s student account on their behalf or allow the child to use the Service in the classroom until you have obtained School Consent .
(iii) School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that KidRewards is not responsible) for 1) providing all required notices to parents under COPPA; 2) obtaining parental consent (or if allowed by your Institution’s policy, acting as the agent of the parent and consenting on their behalf) under COPPA; and 3) providing a means for a parent to review any personal information contained in Student Data collected through the Service and refuse to permit its further use as required by COPPA. This includes without limitation, limiting access to the Service to those student Users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating any required parental consent forms to the parents of potential student Users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify KidRewards to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. For more information on School Consent please see our FAQ . Under no circumstances will KidRewards be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.
(vi) Google Login. If you choose to allow your students to log in on the Service using their Google for Education or other Google Accounts (“Google Login(s)”), you are responsible for educating your students on the proper use of their Google Login, including to help educate your students on better protecting their Google Login by turning on two-factor authentication. Note that KidRewards does not request or store passwords associated with any Google Logins. Additionally, please see the section “Social Media and Third-Party Authentication Services” for more detail on the use of Google Login.
(vii) Communications with Parents. If you choose to use digital communications features with parents or guardians (“Parent Communications”) the following terms apply:
- You are solely responsible for reviewing all Parent Communications you distribute and ensuring that all Parent Communications (including any personal information contained therein if not removed by you) meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” and the “Acceptable Use and Conduct” Sections.
Please be sure your school or district is fine with you using KidRewards, and acting on behalf of your school in this Agreement. Additionally, if you are creating student accounts in the classroom for students under 13 to enable them to login to their accounts, or otherwise allowing students under 13 to use the Service, you will be responsible for obtaining parental consent under COPPA.
c) Parents: if you are a parent of a student and have been invited by the your child’s School Personnel to create a parent account on the Service, or create a parent account not linked using a unique parent code, and you also (i) want to create an account for your child on the Service, (ii) allow your child to create their own account (“Student Created Accounted”), (iii) allow your child’s School Personnel to create an account on your child’s behalf, or (iv) allow your child to access or use Premium Features on your device, then the following terms apply to you:
(i) Your Consent. If your child is under the age of 13, Consent must be given in order for 1) you to create the student account; or 2) your child to create a Student Created Account; or 3) your child’s School Personnel to create a student account on behalf of your child, enabling them to login . This Consent may be obtained either by: 1) KidRewards if you or your child is setting up the Student Created Account or you are allowing your child to access | or 2) a student’s School Personnel (through School Consent ) if they are setting up your child’s Student Account, enabling them to login, or otherwise allowing them to access and use the Service in school. Any student account created by you, your child’s teacher, or your child directly are linked together (these are not different accounts, but rather the same singular account). If you are the parent or legal guardian of a child who is using the Service and your child’s account was not set up by your child’s School Personnel, and you did not give Consent, you can email us at [email protected]kidrewards.org to have that child’s account deleted. Please note that if you, as a parent, provide an email to School Personnel when the school is obtaining School Consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted in to email marketing or have separately created an account on our Service.
(ii) Text, SMS and Other Messaging. KidRewards, on behalf of and at the direction of an Institution, may send parents/legal guardians informational text messages from your child's Institution, including, but not limited to, messages: (1) providing information related to their or their child’s use of the Services; (2) supplying information that they request; or (3) responding to their inquiries regarding their account or use of KidRewards. If you as a parent/legal guardian, provide your telephone number to your child’s school, you are consenting to KidRewards (on behalf of and at the direction of your child’s school) sending informational text messages closely related to the Institution’s mission. If you have created an account on the Service, and have provided KidRewards directly with your phone number or email, you further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Service.
Message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
(ii) Creating Your Child’s Account. If you would like to create your child’s student account at home, you must first have created a parent account on KidRewards. To create your child’s student account, we will first require your Consent . In order to comply with COPPA and similar laws in other applicable jurisdictions, which govern the online collection of data from children, KidRewards may take additional steps to verify that the user granting permission for the creation of a child’s student account is his or her parent or legal guardian. The current ways in which we seek to verify are set forth in our FAQ . As part of the process of creating your child’s student account, we will link the information given by your child’s teacher (such as your child’s name and points to your child’s student account and you will not need to provide any additional registration information for your child.
Once your child has a student account (including if your child created their own Student Created Account (after you have Consented ) or your child’s teacher has created the student account on your child’s behalf, they will be able to upload User Content (which is not viewable by the general public, but by linked parents and School Personnel). You are responsible for ensuring that such submissions (when not used during school) meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” and the “Acceptable Use and Conduct” Sections. You can request to remove any User Content uploaded by your child either by 1) contacting your child’s School Personnel if the User Content was uploaded during school, and we will respond to valid requests received from the School Personnel or Institution, or 2) contacting us directly at [email protected]kidrewards.org when the User Content is collected directly from your child while not at school, including when KidRewards obtains the parent consent directly (not the school).
Parents: if your child is under 13 and you create a KidRewards student account for them at home, allow them to access features on your device or account, or they create one with a unique student code , we’ll need your permission to set up their account. If your child’s teacher or other school personnel wants to create your child’s student account on their behalf, they will obtain your permission (or, depending on school policy, act as your agent and consent on your behalf in what is commonly referred to as “school consent”).
KidRewards understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to KidRewards by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. Please see our DPA for more information regarding FERPA, KidRewards’ commitments to help Institution’s comply with FERPA, and Institution’s obligations with respect to FERPA. KidRewards is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school's own legal counsel for more information.
FERPA gives parents and students certain rights over their education records. FERPA requires schools to not share PII in education records without either meeting an exemption or obtaining parental permission. So, if a teacher provides student information to KidRewards, the school must either meet an exemption or obtain the appropriate permission in advance. Please see our DPA for more information regarding FERPA, KidRewards’ commitments to help Institution’s comply with FERPA, and Institution’s obligations with respect to FERPA.
Social Media and Third-Party Authentication Services
Third-party Applications and Integrations
If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience, ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Content, or any other data or content stored on the KidRewards Service, to such Third-Party Applications, including through any KidRewards API’s. KidRewards shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Content, resulting from any such access by Third-Party Applications.
If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content ("Third-Party Application Created Content") to your account on KidRewards, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music not already part of KidRewards and as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section and the Community Guidelines. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of KidRewards with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Content or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by KidRewards regarding Third-Party Applications.
Modification to Agreement
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page or elsewhere in the Services and/or as required by law. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
KidRewards will not change how PII contained in Education Records or Student Data are used or shared under these Terms of Service without advance notice, including prominent notice to affected Users. If a change with respect to how PII contained in Education Records or Student Data is used or shared under these Terms of Service has a material adverse impact on the students, School Personnel or Institution and the School Personnel or Institution does not agree to the change, the School Personnel or Institution must notify KidRewards within thirty days of receiving the notice of change as described under the caption “Contact Information” below. If School Personnel or Institution notifies KidRewards as required, then the School Personnel or Institution will remain governed by the Terms of Service in effect immediately prior to the change until the end of the then current Term. If the Service is renewed, they will be renewed under KidRewards's then current Terms of Service.
Your Representations and Warranty
You warrant, represent and agree that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation, COPPA, state student privacy laws, and FERPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Content and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for providing notices and obtaining consents required by applicable Laws for students to use the Services or to provide User Content, including compliance with the applicable provisions of COPPA when obtaining School Consent .
You agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content.
Acceptable Use and Conduct
We do our best to keep KidRewards safe, but we cannot guarantee it. We need your help to keep KidRewards safe, which includes the following commitments by you when using our Service:
You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
You will not post unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Service.
You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
You will not upload viruses or other malicious code, files or programs.
You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
You will not use the Service to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of any Law.
You will not bully, intimidate, or harass any User or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
You will not post or approve any User Content or use the Service in a manner that infringes, violates or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.
You will not use the Service in any way to upload, post, transmit, email or otherwise distribute content that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by KidRewards.
You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other Users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
You will not access (or attempt to gain unauthorized access) to the Service or to KidRewards’ computer systems by any means other than as permitted in this Agreement or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any Users' content or information, or otherwise access the Service, - except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved."
You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
You will not use the Service in any commercially unreasonable manner or in any manner that would disparage KidRewards.
You will not impersonate a KidRewards employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. KidRewards absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.
You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Content, the prior written consent of such User.
You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.
Any violation of the above may be grounds for termination of your right to access or use the Service.
You agree not to misuse KidRewards's services.
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of KidRewards are not regularly tested for compatibility with experimental features. To enable an experimental feature, turn the switch on within a teacher account’s Settings. Experimental features will be added and old ones removed, possibly (probably) without notice.
KidRewards sometimes offers experimental features which haven't been tested. These may be removed without notice.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED PRODUCTS, PREMIUM FEATURES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT, KidRewards TECHNOLOGY OR SOFTWARE AND ANY OTHER CONTENT (“COLLECTIVELY THE “KidRewards OFFERINGS” ) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KidRewards (AND ITS PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS,SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS (“KidRewards PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE KidRewards OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN PARTICULAR, KidRewards AND THE KidRewards PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE KidRewards OFFERINGS (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM KidRewards SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL KidRewards OR THE KidRewards PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KidRewards HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE KidRewards OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE KidRewards OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL KidRewards OR THE KidRewards PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE KidRewards OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, KidRewards’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
KidRewards is provided “as-is.” We’re not liable to you for indirect, or special damages if something goes wrong. Additionally, we set a cap of our liability to you for any direct damages that you may incur as a result of using our Services to be the greater of the amount of fees you have paid to us for your use of the Service in the 12 months prior to the claim or $100.
Registration and Security
As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information ("Company User ID"). Alternatively, (1) an Institution or School Personnel or (2) a parent, may create accounts and logins for students or their child (“Student Login(s)”). When you register or create a Student Login, you must provide Company with accurate, complete, and updated Company User ID and Student Login information. You may not select or use as a Company User ID or Student Login, a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. KidRewards reserves the right to refuse registration or to cancel a KidRewards ID or Student Login in its discretion.
You shall be responsible for maintaining the confidentiality of your login credentials, KidRewards ID, Student Login, or password (“Account Credentials”) and will not share with anyone or let anyone else access your Account Credentials or account. You may not transfer your Account Credentials or account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account Credentials, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by KidRewards or another party due to someone else using your Account Credentials.
You expressly agree to (a) immediately notify KidRewards of any unauthorized use of your account or any other breach of security of your Account Credentials, account or a child's personal information, and (b) ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant that (1) all Account Credential information you submit is truthful and accurate, and (2) if you are setting up a Student Login that you have obtained any and all necessary rights, permissions, or consents to access, setup, monitor, use or disclose any data from such accounts of other Users..
You should keep your username, password and any other login credentials secret!
You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend Company and the KidRewards Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service or Premium Features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
KidRewards reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of KidRewards. KidRewards will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If someone brings a claim against us related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.
It is KidRewards’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). KidRewards may remove any allegedly infringing content without any liability to you. KidRewards will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. KidRewards, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
We respect copyright.
Third Party Content and Websites
Content from other Users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and KidRewards has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access Third-Party Websites or interact or communicate with third parties through the Service, you do so at your own risk and are solely responsible for determining whether or not such Third-Party Content and Third-Party Websites are appropriate or acceptable to you. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
We’re not responsible for any third-party content posted, or third-party websites or services linked from our service, or any disputes you may have with them.
User Interactions and Release
User Disputes. KidRewards is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserves the right, but have no obligation, to become involved in any way with these disputes.
Release. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, successors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use , privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
There are many people who use KidRewards. Although we expect every user to follow our guidelines, we are not responsible for their actions. We’ll enforce our acceptable use and other guidelines, but we won’t get involved in, nor are we responsible for any disputes you may have with other users of KidRewards.
Term and Termination
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). Certain Users (e.g., parents and School Personnel) may terminate their use of the Service or your account at any time by contacting us at [email protected]kidrewards.org provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate their account. As a parent, if you created your child’s account (or your child is not using the Service at school), you can also terminate your child’s account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the student account originally). Parents of students whose accounts were created (or directed to be used by) your child’s teacher in school will first need to contact your child’s school to request termination. Please see our FAQ for what information is deleted when you terminate or delete your account.
You acknowledge that, if you knowingly, intentionally or negligently violate this Agreement, KidRewards may suspend your license to the Services, in whole or in part, until the violation has stopped or terminate your license and use of the Services. In the event that you fail to correct the violation after reasonable notice from KidRewards, KidRewards may terminate your license and use of the Services and this Agreement. You agree and if such termination or suspension occurs, KidRewards shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.
The following does not apply in the unforeseen circumstances in which KidRewards ceases operations or files for bankruptcy at which point KidRewards may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you. We believe that you (or your school as applicable) own your data and preserving access to such data is important. If we discontinue the Service (such as if we went out of business), where reasonably possible, we will give you advance notice and a chance to get information out of the Service.
There is no obligation to use our Service, and you can stop using your account, or delete it completely, at any time. We can do that for you, too. However, if you are a student (or parent of a student) - you (or you parent) must first contact your school if you wish to terminate your account created at your school and your school can tell you what the process will be. Additionally, we might suspend or terminate your account if you violate our rules or the law.
a) Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
d) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Company's address for Notice is: todo: Address . The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
e) Fees: The payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Dallas, Texas, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions: you and company 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 Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.
It is our goal to quickly and efficiently resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. Additionally, we each waive rights to bring class actions.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Texas without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Please abide by these terms - we will!