School Shares - Terms of Use

1. Acceptance of the Terms of Use
Welcome to the website of Organizing Chaos, LLC (“Organizing Chaos”, also referred to herein as “we”, “us”, and “our”). The following terms and conditions (the “Terms of Use”) govern your access and use of myschoolshares.com, including any content, functionality, services, or solutions offered on or through myschoolshares.com (collectively the “Website”). These Terms of Use form a legal agreement entered into between you and Organizing Chaos (the “Agreement”). You represent and warrant that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
The Website is offered in conjunction with our software application and related services that aid in the organization and creation of fundraising campaigns and other revenue generation services for schools, educational organizations, or other non-profit organizations (“Campaigns”). These Terms of Use apply to all users who access or use the Website in any capacity. This includes, but is not limited to:
(i) a school, educational organization, or other non-profit organization that has entered into a Software License and Master Servicing Agreement with Organizing Chaos (the “License Agreement”) (referred to as “Customers”) Any individual the Customer authorized to use the website is deemed an authorized Customer End User (as the term End User is defined in the License Agreement);
(ii) an individual or business that may offer products, services, and rewards for use in a Customer’s Campaign (“Businesses”); and
(iii) an individual or corporate donor to Campaigns or purchaser of product or services related to a campaign (“Donors”).
For the purposes of these Terms of Use, unless otherwise specifically stated, the terms “you” or “your” shall collectively refer to you, the user of the Website or any legal entity for whom you are an authorized employee or agent on behalf of when you are using or accessing this Website and includes all Customers, Businesses, and Donors.
Please read these Terms of Use carefully before you start to use the Website. By using or accessing the Website, and/or by clicking “I Agree” (or similar button) to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, all applicable laws and regulations, as well as our Privacy Policy https://myschoolshares.com/privacy_policy, which is incorporated herein by reference. If you do not accept and agree with these Terms of Use, you shall not use or access the Website.
2. Eligibility
In order to use this Website, you need to: (1) be 18 years of age or older or 13 years of age or older and have your parent or guardian’s consent and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. By accessing the Website, you represent and warrant that you are at least 18 years of age or older or 13 years of age and have our parent or guardian’s consent and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use. You may not use or access the Website if you do not agree to these Terms of Use or you are accessing the Website from outside of the United States.
3. Customer License
Any Customer’s use of this Website is outlined in the License Agreement, which is hereby incorporated by reference. This Agreement shall continue between Customer and Organizing Chaos from the effective date of the License Agreement until the termination of the License Agreement. In the event of any conflicts between this Agreement and the License Agreement, the License Agreement shall control.
4. Accessing the Website and Account Security
In order to access the Website or some of the resources the Website offers, Customers and Businesses may be required to register and create an account and provide certain registration details or other information such as your full name, phone number, and email address. It is a condition of your use of the Website that all of the information you provide on the Website is correct, current, and complete. You are responsible for: (1) making all arrangements necessary for you to have access to the Website and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You will create or be provided with a username and password to access the Website. You must treat your username, password, or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that your logout and exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information.
We maintain the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
We reserve the right to withdraw or amend this Website, and any service, product, solution, or material we provide on the Website. Other than for Customers as may be expressly stated in the License Agreement, we will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.
5. Authorized Users
If you create an account on the Website in the name of a legal entity, you represent that you have full corporate power and authority to enter into these Terms of Use on behalf of the legal entity and to bind the legal entity to the obligations in these Terms of Use. By using this Website and/or creating a user account, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you shall not be provided access to use the Website and you shall not otherwise access or use the Website.
6. Donations/Purchases and Payment Processors
Organizing Chaos provides a platform that allows you to support schools, educational organizations, and other non-profit organizations through Campaigns by making donations or purchasing products or services. You understand and acknowledge that Organizing Chaos is not a payment processor and does not collect any donations or payments for product or services purchases directly. Organizing Chaos uses the services of a third-party payment processor, Stripe, Inc. (“Payment Processor”), to process donations or payments for product or services purchases. You acknowledge and agree that the use of a Payment Processor is integral to the services provided through this Website. The Payment Processor manages the routing and processing of all required information from Donors to process donations and payments for product or services purchases including credit card and other financial information. Organizing Chaos is not affiliated with the Payment Processor and neither Organizing Chaos or the Payment Processor is an agent or employee of the other.
In making a donation, a Donor may be redirected to an external website operated by a Payment Processor. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor’s collection or use of your personal information. Donors agree that any personal information provided by you or automatically collected by you from a Payment Processor will be governed by that Payment Processor’s privacy policy and terms of use. Donors are solely responsible for all charges that occur through a Payment Processor and acknowledge and agree that Organizing Chaos shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed donations. Organizing Chaos expressly disclaims any responsibility and liability for all services provided by a Payment Processor.
This Website and associated services are provided for information purposes only. Organizing Chaos is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. Donors understand and agree that any donations you make to any fundraising campaign are at your own risk. We make no representations or warranties that any donations will be used for any particular purpose and you acknowledge and agree that we shall not be held liable for the use or misuse of donations by any school or educational organization. We make no representation or warranty as to whether any portion of your donation is tax deductible and no information on this Website is intended to provide financial, legal, tax, or other professional advice. Prior to making a donation, Donors should consult your financial, legal, tax or other professional advisor as you deem appropriate.
7. Technical Data; License to Your Data; Communications.
Organizing Chaos shall have the right to collect and analyze data and other information relating to the provision, use and performance of the Website and related systems and technologies, and we will be free to (i) use such information and data to improve and enhance the Website and for other development, diagnostic, and corrective purposes in connection with the Website and other service offerings; (ii) disclose such data in aggregated or de-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
In order for Organizing Chaos to provide the Website and associated services, you grant us a non-exclusive right and license to use, copy, distribute, and transmit information entered by you in creating and registering for a user account on the Website as well as technical information collected via the Website to the extent necessary to provide the Website and our services.
By providing your information via the Website, including while creating and registering for a user account or by making a donation, you authorize Organizing Chaos, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls to numbers (including to cellular phones) that are provided through the Website or as part of the registration process on the Website, and text messages (SMS or MMS) to cellular phone numbers that are provided through the Website or as part of registering and creating a user account to provide updates or other purposes related to the Website and services provided by Organizing Chaos. Your carrier may charge for these incoming calls or messages. You consent to such communications, which may occur by use of an automatic telephone dialing system. Telephone calls may be recorded, standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages, and you agree to be responsible for all such charges. Do not submit your information if you do not consent to being contacted by telephone, text, or email.
8. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effectively immediately when we post them on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page on the Website so you are aware of any changes, as they are binding on you. For certain types of updates and revisions, we may decide, in our sole discretion, to notify you of such changes via email or other method of written notice.
9. Website Ownership and Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Organizing Chaos, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you do not acquire any ownership rights to the Website, or any services offered through the Website, through this Agreement or by use of the Website. You acknowledge and agree that Organizing Chaos has and retains exclusive and valid ownership of all anonymized statistical information regarding use of the Website. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Website and any component thereof is strictly prohibited.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Organizing Chaos. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
10. Trademarks
The Organizing Chaos name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Organizing Chaos or its affiliates or licensors. You must not use such marks without the prior written permission of Organizing Chaos. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
11. Copyright Notice
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) to our copyright agent at copyright@myschoolshares.com.
12. User Generated Content and Contributions
You may transmit or publish content through the Website. You understand and acknowledge that you, not Organizing Chaos, shall be solely responsible for such content, including its legality, reliability, accuracy, and appropriateness, and the consequences of its transmission or publication. You represent and warrant that you own and control all rights in and to any content posted by you on the Website or are licensed to use and reproduce such content on the Website.
If you make any copyrighted content available on the Website, you affirm that you have the authorization to make such content available. Further, by making any content available, you expressly agree that Organizing Chaos will have the right to block access to or remove such content for any or no reason in its sole discretion.
For the purposes of these Terms of Use, the following terms shall have the meanings ascribed to them below:
“Software” means Organizing Chaos’s proprietary software-as-a-service application accessible via a web based portal and any associated database structures and queries, user interfaces, system interfaces, tools, and the like, together with any and all revisions, modifications, and updates thereof, all as are supplied or made available by Organizing Chaos pursuant to this Agreement associated with a Campaign or any services provided to a Customer pursuant to the terms of the License Agreement.
“Customer Data” means any of a Customer’s documents, electronic files, photographs, or other information entered into the Software by or on your behalf as such data is maintained on the Software.
“Customer Marks” means any trademark or service mark, whether or not registered, that a Customer supplies to Organizing Chaos for use in providing services under a License Agreement or this Agreement.
13. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, ay laws regarding the export of data or software to and from the United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
• To transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• To impersonate or attempt to impersonate Organizing Chaos, an Organizing Chaos employee, another user or any other person or entity (including, without limitation, by using email addresses identifying information associated with any of the foregoing).
• To make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Organizing Chaos or users of the Website or expose them to liability.
• To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• To post any content that violates the legal rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
• For competitive research or to send or post commercial communications.
Additionally, you agree not to:
• Directly, indirectly, alone, or with another party, (i) copy, download, disassemble, reverse engineer, or decompile the Software or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; (ii) modify, create derivative works based upon, or translate the Software; (iii) transfer or otherwise grant any rights in the Software in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, keystroke logger, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to or associated with the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Screen scrape, monitor, mine, copy, or mirror the Website.
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent.
• Otherwise attempt to interfere with the proper working of the Website.
14. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. The content on the Website may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Organizing Chaos, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. International Restrictions
The owner of this Website is based in the state of Alabama in the United States. We make no claims that the Website or any of its content or services is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Linking to the Website and Social Media Features
You may link to the Website’s homepage provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain content, or links to certain content, on this Website and/or (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not (i) establish a link from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use. We may disable all or any social media features or any links at any time without notice in our discretion.
17. Disclaimer of Warranties
THE WEBSITE, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE WEBSITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.
OTHER THAN AS EXPRESSLY PROVIDED TO CUSTOMERS IN THE LICENSE AGREEMENT, WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE CONTENT.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON THE WEBSITE, AND THE CONTENTS OF THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. ORGANIZING CHAOS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, SERVICE, DESCRIPTION, PHOTOGRAPH, FUNDRAISING CAMPAIGN, OR OTHER INFORMATION). ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. ORGANIZING CHAOS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ANY WARRANTY PROVIDED TO CUSTOMERS UNDER THE TERMS OF THE LICENSE AGREEMENT.
18. Limitation on Liability
IN NO EVENT WILL ORGANIZING CHAOS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.
EXCEPT FOR CUSTOMERS, OUR MAXIMUM TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR EQUITABLE THEORY INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). WITH RESPECT TO CUSTOMERS, OUR MAXIMUM TOTAL LIABILITY SHALL BE LIMITED TO ALL FEES PAID TO US BY THE CUSTOMER UNDER THE LICENSE AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE LIABILITY.
19. Indemnification
You agree to indemnify, defend, and hold harmless us and our successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, judgments, awards, losses, obligations, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to (i) your breach of these Terms of Use; (ii) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right, or (iii) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Website and any termination of this Agreement.
20. Governing Law, Legal Disputes and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Ay claims or actions regarding or arising out of these Terms of Use must be brought exclusively in a court of competent jurisdiction sitting in Birmingham, Alabama, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to these Terms of Use. Specifically, Organizing Chaos and you specifically waive, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any such action in such court and any claim that any such action, suit, or proceeding has been brought in an inconvenient forum.
All disputes and controversies of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms of Use shall first be submitted to mediation pursuant to the procedure set forth in this paragraph. Curiosity Lab or Customer may demand such mediation in writing within fourteen (14) days after the controversy arises. The parties agree that the mediator shall be appointed by the Atlanta office of the Judicial Arbitration and Mediation Services, Inc. (JAMS). The mediation shall be held at the JAMS Atlanta office and concluded within thirty (30) days of the selection of the mediator. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation.
All disputes and controversies of every kind and nature between the parties that are not resolved by mediation, shall be resolved, by confidential binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted in English in Birmingham, Alabama, in accordance with AAA International Arbitration Rules. In the event of any conflict between this Agreement and such rules, the provisions of this Agreement shall govern. Upon written notice by the claimant party to the other party of such claimant’s intention to arbitrate, the parties shall select one arbitrator within ten (10) days of such notice If an arbitrator is not appointed within such time limit, then such arbitrator shall be appointed by the AAA. The decision of the arbitrator must contain written reasons, and shall be final and incontestably binding upon the parties and not subject to any rights of appeal. Judgment upon any award may be entered in any competent court. The parties shall equally split and pay all fees and expenses of the arbitrator. All awards made pursuant to any arbitration proceeding conducted hereunder shall be in U.S. dollars, and if an award is made to any claimant which is greater than any amount offered in writing by the opposing party in settlement of such claim or if the opposing party has made no offer of settlement, then the opposing party shall pay all of such claimant’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all costs of arbitration, including all AAA fees and charges and the fees and expenses of the arbitrator. If no award is made to claimant or the amount of such award is equal to or less than any such amount offered in settlement, then the claimant shall pay the opposing party’s costs and expenses incurred in such arbitration, including reasonable attorneys’ fees, as well as all such costs of arbitration.
Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect confidential information, intellectual property, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The parties agree that the arbitrator has the power to award all costs of the arbitration, including reasonable attorneys’ fees and expenses, to the prevailing party. The Federal Arbitration Act, as amended shall apply to this provision.
The official language of this Agreement is English. You accept and approve the English version of this Agreement as controlling in any dispute among the parties arising from or related to the Agreement. All correspondence, communications, agreements, and requests with Organizing Chaos shall be in English.
21. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
22. Waiver and Severability
No waiver by Organizing Chaos of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Organizing Chaos to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provision of the Terms of Use will continue in full force and effect.
23. Entire Agreement
These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy https://myschoolshares.com/privacy_policy, constitute the sole and entire agreement between you and us with respect to the Website and supersede all previously written or oral agreements regarding the Website. However, these Terms of use do not supersede or amend any other agreement you have with us, including a License Agreement.
24. Termination
You may terminate this Agreement at any time by discontinuing your use of the Website and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.
25. Contact Information
All feedback, comments, request for technical support, and other communications relating to the Website should be directed to support@myschoolshares.com.