Terms of Service
(Last updated March, 2017)
These terms of service (these "Terms of Service") set forth the terms and conditions upon which Cloud Cloth Education, a 501(c)(3) corporation, ("CCE", "we", "our " or "us") offers you, whether as a guest or a registered user, and our third party end users (each, an "End User"), access to CCE’s proprietary services, content and functionality through the Dreamline website located at www.dreamline.org (the "Website") and the Dreamline mobile application (the "App") (the Website and the App, collectively, the "Service"). The Service is operated by Cloud Cloth Education, a 501(c)(3) corporation.
1. Acceptance of the Terms of Service
The Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with CCE and meet all of the foregoing eligibility requirements. If you are under the age of 13 in your jurisdiction, make sure that your parent or legal guardian reads and agrees with the Terms of Service on your behalf. If you do not meet all of these requirements, you must not access or use the Service. In the Terms of Service "you ", "user" or " your" means any person or entity using the Service, including End Users, provided that if such person is under the age of 13, "you" and "your" also includes such person’s parent or legal guardian.
2. Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service or participation in any Event (as defined below) constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Service.
3. License to the Service; Restrictions
Subject to End User’s compliance with the terms and conditions of these Terms of Service, CCE hereby grants to End User a limited, personal, non-exclusive, non-transferable, license to use and access Service solely for the End User’s own personal purposes. Except for the licenses and rights expressly granted under these Terms of Service, no licenses or rights are granted by CCE to End User hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved by CCE.
End User shall not (i) copy or modify the Service for any purpose; (ii) reverse engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Service; or (iii) distribute, disclose, market, rent, lease or otherwise transfer the Service to any other person or entity.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Additional prohibited uses are set forth in Section 8 below.
4. CCE’s Intellectual Property Rights
CCE retains all intellectual property rights in and to the Service and all related documentation interest (including all copyrights, patents, service marks, trademarks and other intellectual property rights), including but not limited to any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. Except for rights specifically provided in these Terms of Service, End User hereby assigns to CCE all other intellectual property rights it may now or hereafter possess in the Service and related documentation, and all derivative works and improvements thereof, and agrees to execute all documents, and take all actions, that may be necessary to confirm such rights. End User also agrees to retain all proprietary marks, legends and patent and copyright notices that appear on the Service and any related documentation delivered to End User by CCE and all whole or partial copies thereof.
End User shall promptly notify CCE in writing upon its discovery of any unauthorized use or infringement of the Service or the related documentation, or CCE’s intellectual property rights with respect thereto. CCE shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party, and, in the event that CCE brings such an action or proceeding, End User shall cooperate and provide full information and assistance to CCE and its counsel in connection with any such action or proceeding.
5. Access and Accounts
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. When you create an account with us, it is a condition of your use of the Service that your age is correct and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password. You acknowledge that you are responsible for restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 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 password or other personal information.
We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
6. User Content
The Service contains message boards, conversation pages, profile pages, blogs, fundraising pages, public forums and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post ") content, including photos, videos, artwork, personal names, school/educational organization or affiliation names, school/educational organization or affiliation locations, age ranges and grades of students, job or role titles, comments and other materials (collectively, "User Content") on or through the Service. When posting User Content, you may be required to specify your name and the name of your school/educational organization or affiliation, both of which will be considered User Content.
All User Content must comply with the Content Standards set out in Section 7 of these Terms of Service. User Content must not contain the last names or family names of students.
Any User Content that you post to the Service will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, adapt, create derivative works of, perform, translate, display, distribute and otherwise disclose such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any additional compensation to you. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms of Service. You also agree that this license includes (1) the right for us to use your User Content for the marketing and promotion of the Service and CCE (including the mission of CCE) and (2) the right for us to post or display portions of your User Content, expressly including your name and the name of your school/educational organization or affiliation that is participating, on our Service.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by CCE or its affiliates of any User Content.
You are responsible for obtaining any and all required consent, including when applicable consent from parents or legal guardians, prior to submitting User Content.
You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity; (iii) you have obtained any and all required consent, including when applicable consent from parents or legal guardians, prior to submitting the User Content; and (iv) all of your User Content complies with these Terms of Service.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not CCE, have fully responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Service.
7. Content Standards
The following content standards apply to any and all User Content and the use of any Interactive Services. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
8. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
Additionally, you agree not to:
9. CCE Rights of Monitoring and Enforcement
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS CCE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Term and Termination
End User’s access to the Service shall begin on the date End User registers for the Service and shall continue until terminated under the provisions of this Section 10 or as otherwise set forth in these Terms of Service.
CCE may terminate End User’s use of the Service at any time. End User may terminate these Terms of Service at any time by cancelling its account for the Service and uninstalling the App.
Upon the expiration or sooner termination of these Terms of Service, all license rights of End User under these Terms of Service shall automatically and immediately cease and End User shall promptly cease all uses of the Service and shall uninstall the App. This provision and Sections 6-7, 14, and 17-27, shall survive the expiration or sooner termination of these Terms of Service.
The following are trademarks of CCE or its affiliates or licensors: DREAMLINE. You must not use such marks without the prior written permission of CCE. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
12: Copyright Policy
CCE will investigate claims of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that any content accessible through the Service (as defined in the Terms of Service) has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:
To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material.
How to Make a Counter Notification
If you are a registered user of our Service and you feel that material that you have placed on the Service and that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512(g)(3) of the DMCA requires that, to be valid, the counter notification must be written and addressed to our Designated Agent (listed above) and must provide the following information:
Our Designated Agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, CCE is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
If you do not comply with all of the requirements of this Copyright Policy, your DMCA notice or counter notification may not be valid. Only DMCA notices and counter notifications should go to our Designated Agent.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at email@example.com.
It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.
13. Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. 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 Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 CCE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CCE. 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.
14. Participation in Events
From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the "Events ") through the Service, including but not limited to activities to raise money and awareness of the Service, CCE and its mission. CCE appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.
WAIVER, INDEMNITY AND RELEASE OF LIABILITY:
You acknowledge, agree and understand that while participating in any Event and other related activities, you may be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.
In consideration of the acceptance of the services provided by CCE in connection with any such Event, you assume full and complete responsibility for any injury or accident which may occur during your participation in any Event, and you hereby release, indemnify and hold harmless CCE and its affiliates and all CCE employees and other persons and entities associated with this event (all individually and collectively known as "Released CCE Parties"), from any and all claims, losses, injuries, and liabilities, or damages (collectively, "Damages") that you have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, any such Event, WHETHER SUCH DAMAGES BE CAUSED BY YOU OR BY THE NEGLIGENCE, OF ANY DEGREE, OF CCE, ITS AFFILIATES OR EMPLOYEES OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH ANY SUCH EVENT. These Terms of Service may not be modified orally or in writing by any individual. Your participation in any Event is at your own risk.
You acknowledge, agree and intend by the foregoing waiver and release of liability to release in advance, and to waive your rights and to discharge all of the Released CCE Parties, from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASED CCE PARTIES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this waiver and release of liability is binding on your heirs, assigns and legal representatives.
You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by CCE and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.
On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the release and waiver of liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the Released CCE Parties, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASED CCE PARTIES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.
By registering for any Event, continued use of the Service or any services in connection with any Event, or selecting the "I AGREE" button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.
15. Notice; Electronic Communications
When you visit the Service or send e-mails to CCE, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Disclaimer of Warranties
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INTERACTIVE SERVICES AND ALL OTHER CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NEITHER CCE NOR ANY PERSON ASSOCIATED WITH CCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER CCE NOR ANYONE ASSOCIATED WITH CCE REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You understand that we cannot and do not guarantee that the functions contained in the Service will be free of viruses or other harmful components. 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 Service for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, 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 SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitations of Liability
IN NO EVENT WILL CCE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL 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, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless CCE, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
20. Third Party Links
In an attempt to provide increased value to our visitors, CCE may link to sites operated by third parties. However, even if the third party is affiliated with CCE, CCE has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of CCE. These linked sites are only for your convenience and therefore you access them at your own risk and subject to the terms and conditions of those sites. Without limiting the foregoing, CCE specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
21. Territorial Restrictions
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CCE to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that CCE provides.
Software and other materials downloaded or otherwise made available from the Service may be subject to United States export control. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
CCE does not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States export control laws.
22. Law and Jurisdiction
These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law or conflict of law provisions.
If the arbitration and dispute resolution provisions of these Terms of Service are not enforceable, you agree that, except as set forth below, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Philadelphia and County of Philadelphia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any controversy or claim between the parties or arising out of these Terms of Service or any use of the Service or services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the "AAA"). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within 45 days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Philadelphia, Pennsylvania, U.S.A. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
24. Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND CCE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND CCE BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF SERVICE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND CCE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
25. Waiver and Severability
No waiver of by CCE of any term or condition set forth in these Terms of Service 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 CCE to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
26. Entire Agreement
CCE may assign its rights and duties under these Terms of Service to any party at any time without notice to you. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of CCE. Any purported assignment or delegation by you without the appropriate prior written consent of CCE will be null and void.
28. Questions and Feedback
If you have any questions about these Terms of Service or the Service, please contact us by mail at Cloud Cloth Education, 1735 Market Street, Suite A447, Philadelphia, PA 19103, by telephone at 215-645-2863, or by email at firstname.lastname@example.org.