Effect Date: 9/16/2020
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.
I. THE TERMS
The Site is intended for users who are at least 13 years old. By accessing or using the Site, either you represent and warrant that you are least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them, or, if you are under the age of 18, you represent and warrant that your parent or legal guardian has read, understood, and agreed to the Terms on your behalf.
We reserve the right to make changes to these Terms at any time, in accordance with applicable law. If we make changes to these Terms, such amended Terms will be posted on the Site or through some other reasonable method, and such amended Terms will take effect immediately when they are posted. If you do not accept a change, then you are free to stop using the Terms. Your use of the Terms following a change to these Terms shall constitute your acceptance of that change. Certain provisions of these Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages within the Terms, and we will use reasonable efforts to make you aware of such legal notices and/or terms.
You must register and create an account in order to use portions of the Site. When creating your account, you must provide true, accurate, current, and complete information about yourself and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that the information is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and access to the Site.
During the registration process, you will be asked to select a username and a password. You are responsible for maintaining the confidentiality of your password, and username, and are solely responsible for all activities that occur with your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
III. YOUR USE OF THE SITE
The Site may only be used for bona fide non-commercial educational purposes, in accordance with education and student privacy laws.
Use of the Site for other purposes is prohibited. For example, without limitation, the Site may not be:
- used in any commercial tie-in (e.g., use of the Site in order to gain advertising revenue);
- made available or accessible for a charge (e.g., charge for access to the Site);
- incorporated into a product that you sell for profit (e.g., selling ads on another site targeted to the Site or Content);
- used to advertise or promote a product or derive information or profiles of users;
- used to build a business utilizing the Content or Site, whether or not for profit;
- used in any other manner that may be construed as an endorsement, express or implied, of any party, product, or other entity.
You also may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any materials you transmit;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Site without our written consent; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
If you are a teacher, school leader, or other similar school personnel (“School Personnel”), by using the Site, you represent that you are familiar with and agree to be responsible, as relevant, for compliance with the Family Educational Rights and Privacy Act and the U.S. Department of Education’s implementing regulations at 34 CFR Part 99 (collectively “FERPA”), the Children’s Online Privacy Protection Act, and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about students and children, as applicable. For example, without limitation, to the extent you are a School Personnel who directs a student to use the Site, you represent that you have designated RRFF as a “school official” under your institution’s “direct control” and with “legitimate educational interests” in any PII contained in “education records,” as those terms have been interpreted under FERPA. You also agree you will not direct students under the age of 13 to use the Site.
IV. LICENSE AND INTELLECTUAL PROPERTY
As between you and us, we own the Site, including, without limitation, all text, graphics, artwork, layout, interface, logos, links, photographs, audio files, video, still images, and other content or material provided in or through use of the Site (all of which form part of and are collectively referred to as the “Site” in these Terms), and all worldwide intellectual property rights in the foregoing.
We grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Site for your personal and non-commercial use and for its intended educational use only and subject to any other restrictions, as provided through the Site. We may notify you, by notice within the Site or otherwise, that the Site contains materials governed by the license of a third party, and you agree to abide by the terms and conditions of the same. Except as expressly permitted in these Terms, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, lease, sublicense, distribute copies of, adapt, create derivative works based on, or otherwise use the Site.
We, in our sole discretion, may make available updates, and/or future versions of or to the Site, and such updates and/or future versions may not include all previous or existing features, functionality or components of the Site. These Terms will govern the use of such updates and future versions.
Any trademark, service mark, logo or trade name contained in the Site, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such trademarks without our permission. Nothing in these Terms grants you any right to use any trademark, service mark, logo or trade name of ours or any third party.
When using the Site, you may download materials. In doing so, you may not obfuscate, remove or otherwise alter any trademark or copyright registration symbols or attribution. If the license we have granted you is revoked for materials you have downloaded, you must destroy the downloaded materials in your possession.
V. Links To Third-Party Content
The Site may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
VI. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR ASSIGNS, BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH (1) THE USE OF THE SITE, (2) ANY INTERRUPTION IN AVAILABILITY OF THE SITE OR DELAY IN OPERATION OR TRANSMISSION, (3) ANY COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SITE OR THE DATA COLLECTED THROUGH THE SITE; IN EACH CASE, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SITE AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
VIII. GOVERNING LAW; MANDATORY OBLIGATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO MANDATORY, BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
These Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without regards to the conflicts of law principles thereof. If any clause or provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such clause or provision shall not affect the validity of the remaining clauses or provisions of these Terms, including but not limited to the class action waiver. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of the State of New York, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.
All claims arising in connection with your use of the Patient App should be reported and brought to our attention as soon as possible in a written statement delivered to firstname.lastname@example.org. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the Site unless you bring it within one (1) year of the date of the event giving rise to such claim.
EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RRFF WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
YOU AGREE THAT RRFF AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND THAT CLASS ARBITRATIONS, CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU HEREBY AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION.
The arbitration will be administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules (the “Rules”) (available from the AAA at www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to the parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will, to the extent required to make this Section 8 enforceable, pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator will be bound by these Terms, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, we may use the applicable Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local government agencies or from seeking public injunctive relief in court where that right cannot be waived under applicable state law.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site.