TERMS AND CONDITIONS OF USE

This document (the “Terms”) together with Kr8 Ventures LLC’s (“Company”) Privacy Policy (collectively the “Agreement”) sets out the terms and conditions governing visits, access and use of Kr8 Studio Student Enroll’s website studentenroll.kr8.studio (“Website”), which is owned and operated by Company. Any use of the Website or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.

 

PLEASE BE ADVISED: YOU WILL BE SUBJECT TO PROVISIONS THAT GOVERN HOW ANY CLAIMS THAT YOU MIGHT HAVE AGAINST THE COMPANY CAN BE BROUGHT (SEE ‘SECTION 5  BELOW). THESE PROVISIONS WILL REQUIRE YOU TO RESOLVE CLAIMS YOU MIGHT HAVE AGAINST COMPANY IN EITHER MEDIATION OR BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. 


The Website and its enrollment and related services for persons and/or families who are seeking enrollment information from Company’s school partners (“Schools”) for their children (collectively, the “Service”) are owned and operated by the Company. From time to time, we may advertise and provide services (or seek to do so) to potential individuals or families with whom we have connected through the Website.  The purpose of this Agreement is to make you aware of the terms and conditions of your use of the Website and the Service. By using the Website and/or its Service, you agree to be bound by the terms of this Agreement and acknowledge that Sections 5 and 6 are not binding upon you unless you provide your express written consent, as more fully described below.


By using the Website, you expressly acknowledge and consent to all provisions contained herein, including your express consent to the Mediation and Arbitration provisions of this agreement.


The terms “you,” “your” or “User(s)” refers to any individual accessing the Website or the Service for his/her/its own personal purposes or those of one’s children, on behalf of an entity or other person, for purposes related to school enrollment. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User(s)” shall include you individually and any such entity or person that you purport to represent, and you further represent and warrant that you are in fact an authorized representative of such entity or other person, that you have the authority to bind such entity or other person to this Agreement, and that your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person.


If you do not unequivocally agree to be bound by the provisions of this Agreement, unless otherwise provided herein, you may not use or otherwise access the Website or the Service or post or download content or any other information to or from the Website or the Service. Alternatively, access and/or use may be limited as determined by the Company in its sole discretion. Your sole remedy for dissatisfaction with the Website or the Service or any content is to stop using the Website, and/or Company Services.


1. General Terms of Use and Restrictions on Use of Materials

The Company hereby grants you a limited, non-exclusive, non-assignable, nontransferable license to access and use the Website solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by this Agreement are reserved by Company. If you do not comply with the Agreement at any time, Company reserves the right to revoke the aforementioned license(s), limit your access to the Website, or restrict your ability to post or download Content, which may include the ordering of products and Services. All materials made available through the Website, are protected by United States and international trademark and copyright laws, are owned or controlled by Company (or its partners), and must only be used for certain approved purposes as established by Company. You may only view or download material from this Website for your own use or as otherwise expressly authorized by Company. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of the Website or any part thereof.


The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of any material available on or through this Website or the Service is strictly prohibited without the prior written consent of the Company. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Website, including subscription content (“Content”), if any. The copying, posting, linking or other use of Content from this Website or the Service on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Website or the Service can be made by contacting Company in writing at the address listed below. You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Website. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. You shall not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Content, trademarks, Service marks, logos, or icons displayed on the Website or Website, which are the property of Company, or its affiliates or licensors, if any, unless otherwise specifically noted in this Agreement. Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Company and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.


If you do not comply with the Agreement at any time, Company reserves the right to terminate, limit, or otherwise alter your access to the Website or the Service. We may discontinue or alter any aspect of the Website or the Service, including, but not limited to, (i) restricting the time the Website or the Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Website or the Service, at Company’s sole discretion and without prior notice or liability.


2. School Enrollment Services

Through the use of the Website Company may be used to connect you with Schools that will provide school enrollment and educational services to your child. School officials are not employees or agents of the Company. Rather, schools are independent educational service providers. Company has a formal agreement with every school represented on the Website. Each public charter school partner is a tuition-free open enrollment school that is active and registered with its corresponding state Department of Education. Each private school partner is active and registered with its state Department of Education. We do not act as a school or educational institution, and we do not have control over the admission decisions made by schools or educational authorities. We do not guarantee admission or enrollment into any particular school or educational program. Further, schools are required by law to not discriminate on the basis of race, color, national, or ethnic origin in the administration of its policies.


3. Eligibility You must be 18 years of age or older and a parent or legal guardian using the Website for school enrollment purposes on behalf of yourself or your child. By using the Website, you represent and warrant that you are at least 18 years old and have the authority to act on behalf of your child. 


4. Use of Personal Information

When using the Website for school enrollment purposes, you may be required to provide certain personal information about yourself, such as name, contact details, and other relevant data. By submitting personal information through the Website, you consent to the collection, use, and processing of such information in accordance with our Privacy Policy. You acknowledge that the transmission of information over the internet is not completely secure, and we cannot guarantee the absolute security of your personal information during transmission. However, we take reasonable measures to protect your information in accordance with industry standards.


5. Modification of this Agreement

Since offerings and technologies change, the Company reserves the right to change, modify, add or remove portions of this Agreement at any time without prior notice. Continued use of the Website or Services after any such changes shall constitute your consent to such changes. The Company reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting.


If you have any questions, or would like further clarification, please email [email protected].


6. Consent to Communications

You have the right to refuse certain communications from the Company.  Only upon receipt of your Express Written Consent to receive Company communications, you shall agree to receive the following:


a) Agreement to Receive Communications from Company;

By using the Website and providing your phone number and/or email on the Website, you agree and acknowledge that Company may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), facsimile, and all phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, artificial messages, pre-recorded messages, and all other electronic communication. You agree that these calls may be regarding products and/or Service that Company may market to you and that you are not obligated to receive such calls in order to purchase said products and/or Service. Company will not charge you a fee for sending SMS text messages, but your communication Service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to Company or Company’s assigns, successors, Servicers or agents, without reimbursement from Company or them.


You understand and agree that, if Company sends you a communication but you do not receive it because your primary email address or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive communications, Company will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Company to your email address book so that you will be able to receive the communications Company sends to you.


By electronically providing your Express Written Consent to this consent to communications, you are confirming that you have agreed to the terms and conditions herein and you have had an opportunity to download or print a copy of the Agreement.


b) Agreement to Share Information with Schools;

By using the Website and providing your phone number and/or email on the Website, you agree and acknowledge that Company may share your information with Schools.


c) Electronic Signature.

You acknowledge that by clicking on the “I Accept”, “Sign Up”, “Pay Now”, “Submit”, “Send,” or similar button on the Company’s website, you are communicating your acceptance of these Communication provisions and that selection of any of these buttons shall constitute your Express Written Consent to Communications and have the same effect of an electronic signature wherein you express your consent to these terms.


d) How to Withdraw Your Consent to Communications.

You may withdraw Consent to Communications by notifying Company of such withdrawal and expressing that you revoke such consent Until such consent is revoked and, you may receive calls from Company at your phone number. 


You may withdraw your consent to receive communications by writing to Company at [email protected] or by contacting Company via the “Contact” link at the top and bottom of the homepage on Company’s website. If you wish to opt-out of promotional emails, you can unsubscribe from Company’s promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of promotional texts, you may reply to the number from which you received the text and text “STOP” from the mobile device receiving the messages. If you wish to opt out of promotional calls, you can unsubscribe by following the prompt after the call or you may text “STOPCALL” to the number from which you received the call from the device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Website or the Service. You acknowledge that opting out of receiving calls and/or texts may impact your use of the Website or the Service. At Company’s option, Company may treat your provision of an invalid phone number, or the subsequent malfunction of a previously valid phone number as a withdrawal of your consent to receive SMS text messages. Company will not impose any fee to process the withdrawal of your consent to receive SMS text messages. Any withdrawal of your consent to receive SMS text messages will be effective only after Company has a reasonable period of time to process your withdrawal.


e) Requesting Paper Copies of Electronic Communications.

Upon your request, Company will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this consent. If you would like a paper copy of any of this material please email [email protected] within 30 days of the communication for which you are seeking a paper copy. 


f) Miscellaneous.

You agree to indemnify, defend, and hold Company harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under Section 6, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Company will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider. Company may modify or terminate its text messaging service from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other User or a third party.


7. Dispute Resolution Through Mediation or Arbitration

You expressly acknowledge that any civil claim that you might have against Company or any of the Company’s affiliates, subsidiaries, parents, successors and assigns, and each of Company’s respective officers, directors, employees, agents, or shareholders must be resolved through binding Dispute Resolution in the form of either Mediation or Arbitration.  If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation,  you and the Company agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. In the event Mediation is unsuccessful, the dispute must be resolved by arbitration.


By agreeing to this Arbitration and Mediation clause you acknowledge that you are voluntarily and freely waiving your right to litigate any civil claims against Company in a court of law by a judge or jury, and you also waive your right to participate in any class action lawsuit naming Company or any of the Company’s affiliates, subsidiaries, parents, successors and assigns, officers, directors, employees, agents, or shareholders, as defendants.  You further agree that you shall be bound by the final findings of either a) an Alternative Dispute Resolution Professional in a confidential Mediation; or b) by an Arbitrator who is a member of the American Arbitration Association. This arbitration provision (“Mediation and Arbitration Provision”) shall survive after the Agreement terminates or your relationship with Company ends.  ANY ARBITRATION OR MEDIATION UNDER THIS PROVISION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Mediation and Arbitration Provision applies to all claims between you and Company, including Company’s affiliates, subsidiaries, parents, successors and assigns, and each of Company’s respective officers, directors, employees, agents, or shareholders.


DISPUTES AND CLAIMS subject to this provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Website; the Service; any other goods or service made available through the Website; your relationship with Company; the threatened or actual suspension, deactivation or termination of this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions or offers made by Company; any city, county, state or federal wage-hour law; trade secrets; unfair competition; breaks and rest periods; expense reimbursement; wrongful termination; discrimination; harassment; retaliation; fraud; defamation; emotional distress; breach of any express or implied contract or covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance for employees eligible under the specific benefit plan), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Mediation and Arbitration Provision) shall be decided by the arbitrator.


c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement, to the fullest extent permitted by law: (1) you agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, you agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Provision or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration and Mediation Provision or the requirement that any remaining claims be arbitrated or mediated on an individual basis pursuant to the Arbitration and Mediation Provision; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those claims, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration or mediation.


d) Rules Governing an Arbitration.

In the event Mediation is unsuccessful, any arbitration conducted pursuant to this Provision shall be administered by the American Arbitration Association pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Arbitration Provision. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.


e) Legal Fees and Arbitration Awards.

All parties shall be responsible for their own legal fees and costs of dispute resolution, Mediation, and/or arbitration.  The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If you initiate arbitration under this Arbitration Provision after participating in the mandatory Mediation process described in this section and are otherwise required to pay a filing fee under the relevant AAA Rules, you agree that you shall be responsible for your filing fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim 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 such fees will be governed by the AAA Rules.

  2. If Company initiates arbitration under this Arbitration Provision, Company will pay all AAA filing and arbitration fees.

  3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

  4. At the end of any arbitration, the arbitrator may award reasonable arbitration fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.

  5. The prevailing party in an arbitration shall have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration.

  6. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made after you participated in good faith in the mandatory Mediation process, then Company will pay the amount of the award or $1,000 (USD), whichever is greater.


f) Location and Manner of Mediation and Arbitration.

Unless you and Company agree otherwise, any mediation or arbitrations will take place in the county of the company’s business address. If AAA arbitration is unavailable in that county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. You also agree to participate in an electronic remote video arbitration if requested by the mediator or arbitrator.


g) Exceptions to Arbitration.

This Arbitration Provision shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in section (c) of such action is deemed unenforceable by a court of competent jurisdiction; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and (4) claims that may not be subject to arbitration as a matter of law.


Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with any local, state, or federal agency and nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any local, state, or federal agency, to the extent you are entitled to pursue such a claim, in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, however you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Arbitration Provision. Nothing in this Agreement or Mediation and Arbitration Provision prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.


h) Severability.

In addition to the severability provisions in section (c) above, in the event that any portion of this Arbitration Provision is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Provision shall be given full force and effect.


8. Your Privacy

In an effort to address your privacy concerns, Company has instituted a Privacy Policy located on our website (“Privacy Policy”) that is incorporated here by reference. The Company reserves the right to change the Privacy Policy as set forth therein. You acknowledge that you have read and understand the Privacy Policy and that you have the obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in this Agreement conflict with any terms, conditions or clauses contained in the Privacy Policy, the provisions of this Agreement shall govern. Further, the Company may disclose information to trusted affiliates, independent contractors, and partners, who may use the information for certain business purposes deemed to be aligned with Company’s goals and business objectives. In addition, Company may transfer information collected from Users in connection with a sale or restructuring of Company.


9. User Representations

You hereby represent and warrant to Company that: (a) you (i) have reached the age of majority in the jurisdiction where you reside; (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) possess legal parental or guardian consent to use this Website, or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Company is truthful, accurate and complete; (c) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Website; (d) your access to and use of the Website or any part thereof or purchase and use of any products or Service will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (e) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.


10. Links

As a service to users, Company may provide information about other resources that may be of interest. However, Company is not responsible or liable for any content, advertising, products, or other materials on, or available from, such sites or resources, and the presentation of third-party links or content by Company is not intended to be an endorsement, sponsorship, or recommendation by Company. Please be aware that when you exit our Website or Website, you are subject to the policies of the new website. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party website or resource.


11. Prohibited Activities

You shall not (nor cause any third party to) use the Website or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;

  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;

  • that would constitute fraud;

  • transmitting any material that contains software viruses, trojan horses, malware, spyware, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, impede or limit the functionality of any computer software or hardware or telecommunications equipment;

  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;

  • interfering with or disrupting the Website or the Services;

  • disrupting the activities or enjoyment of the Website or the Services for other users;

  • collecting or storing personal data about other users;

  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);

  • use of the Website to gain competitive intelligence about Company, the Website, or any product or Service offered via the Website or to otherwise compete with Company or its affiliates;

  • framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or

  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by you including without limitation any of the User Content created or submitted by you.


12. Release / Indemnification

You agree to release Company, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Website and the Services. If at any time you are not happy with the Website or the Services or object to any material within the Website or the Service, your sole remedy is to cease using them.


13. Exclusion of Warranties / Disclaimer

To the maximum extent allowed by law, the Website or the Services, and any company content are provided “as is” and “as available,” and at your sole risk. Although Company uses reasonable efforts to ensure that the information contained on the Website and through the Service is as accurate as possible, Company gives no warranty of any kind regarding the Website or the Services, or company content posted or otherwise made available therein. Any company content or other material downloaded or otherwise obtained through the use of the Website or the Service is done at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such company content or material.


14. Limitation of Liability

You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) the cost of procurement of substitute products or Services resulting from the inability to access or utilize any products, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Website or the Service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Website or the Service. in no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the Website or the Service.


15. Assignment

This Agreement may not be assigned by you to any other party without Company’s prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.


16. Term and Termination

Unless otherwise specified herein, in addition to any other method of termination, suspension, or survival provided for in this Agreement, the Company reserves the right to unilaterally suspend Services and terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that Company shall not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof, removal of Content or sale of any Services. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Website and any Services received thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.


17. Governing Law and Other Miscellaneous Terms

Except as otherwise set forth in the Agreement, the validity and effect of the Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, USA, without regard to its conflicts of laws principles. The prevailing party in an arbitration shall be entitled to recover its attorneys’ fees and legal costs, together with any other relief awarded by an arbitrator. 


18. Copyright and Copyright Notices

Company respects the intellectual property of others, and asks its users to do the same. If you believe the Company has copied in a way your work in a manner that constitutes copyright infringement, please provide Company’s copyright agent at [email protected], and provide the following information:

  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Website sufficient to

  • allow Company to locate the allegedly infringing material;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please use the Subject Line: Copyright when providing such notice of a potential infringement to the Company. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice. Conversely, if you believe that any User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send the Company a counter-notice containing the following information to [email protected] with the Subject Line: Counter Notice:

  • your physical or electronic signature;

  • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and

  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction and venue of the federal court in the District of Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the copyright agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.


These Terms were last updated on: 05/25/2023

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