TERMS OF USE
Last
updated
March 04, 2024
AGREEMENT TO OUR
LEGAL TERMS
We are The Rebel
Scholar Corp.
, doing business as BRiDDG
(
"Company," "we," "us,"
"our")
, a company registered in
Delaware, United States
at 251 Little Falls Drive
, Wilmington
, DE
19808
.
We operate
the website
https://briddg.com
(the "Site")
, as well as any other related products and services
that refer or link to these legal terms (the
"Legal Terms")
(collectively, the "Services").
BRiDDG is a supportive community that celebrates the unique journeys
and diverse talents of every high school student. We're more than just grades and test
scores – we're about showcasing your passions, sharing your voice, and connecting with a
community that values who you are.
You can contact us by email at support@briddg.com
or by mail to 1534 N
Moorpark Rd, #375
, Thousand Oaks
, CA
91360
,
United States
.
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Rebel
Scholar Corp., concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to be bound by all
of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any
time and for any reason. We will alert you
about any changes by updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the changes in
any revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
The
Services are intended for users who are at least 13 years of
age. All users who are minors in the jurisdiction in which
they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent
or guardian to use the Services. If you are a minor, you
must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
We recommend that
you print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services 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 us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
__________
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are provided in or
through the Services "AS IS" for your
personal, non-commercial use only.
Your use
of our Services
Subject to your compliance with these Legal Terms, including
the "
PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to
which you have properly gained access.
solely for your
personal, non-commercial use.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the
Services, Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: support@briddg.com
. If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly
granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the Services (
"Submissions"
), you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any
Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),
and exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions and/or
posting Contributions through any part of
the Services or making Contributions accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you:
- confirm that you have read and agree with our "
PROHIBITED
ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or
Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have
the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable law.
We may
remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time
without notice if in our reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such Contributions, we may also
suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
refer to the
"
COPYRIGHT INFRINGEMENTS
"
section
below.
By using the Services, you represent and
warrant that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration
information as necessary;
(3) you have the legal capacity and you
agree to comply with these Legal Terms;
(4) you are not under the age
of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any
illegal or unauthorized purpose; and (8) your use of the Services will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
We
accept the following forms of
payment:
- Mastercard
- Visa
- American Express
You
agree to provide current, complete,
and accurate purchase and account information for all purchases made via the Services.
You further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall
be in
US dollars.
You
agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We
reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless canceled. You consent to our charging your payment
method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order.
The length of your billing cycle will depend
on the type of subscription plan you choose when you subscribed to the Services.
Free Trial
We offer a 30-day free trial to new
users who register with the Services.
The account will be charged according to the user's chosen
subscription at the end of the free trial.
Cancellation
You can cancel your subscription at any time by logging
into your account. Your cancellation will take effect at
the end of the current paid term. If you have any questions or are unsatisfied with our
Services, please email us at support@briddg.com.
Fee Changes
We may, from time to
time, make changes to the subscription fee and will communicate any price changes to you
in accordance with applicable law.
7.
POLICY
All sales are final and no refund will be issued.
You may not
access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such
as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of the Services, including features that
prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or
the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the Services.
- Use
any information obtained from the Services in order to
harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false
reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorized framing of
or linking to the
Services.
- Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation,
or maintenance of the
Services.
- Engage
in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from
any Content.
- Attempt
to impersonate another user or person or use the
username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices
(sometimes referred to as
"spyware" or "passive collection mechanisms" or
"pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services
or the networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services
to you.
- Attempt
to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any
portion of the
Services.
- Copy
or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or
launch any
unauthorized
script or other
software.
- Use
a buying agent or purchasing agent to make purchases on
the Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email
addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating
endeavor
or commercial enterprise.
-
Use the Services to advertise or offer to sell
goods and services.
-
Sell or otherwise transfer your profile.
9.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or
have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Services, and
other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and
these Legal Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited
or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin,
gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these
Legal Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension
of your rights to use the Services.
By
posting your Contributions to any part of the Services
, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into
other works, such Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any
media channels.
This
license will apply to any form,
media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to
pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
11.
THIRD-PARTY WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through,
or installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any website to which
you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party
Content or any contact with Third-Party
Websites.
12.
ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other relationship with
advertisers.
13.
SERVICES MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
14.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
__________
. By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the United States
, then through your continued use of the Services, you
are transferring your data to
the United States
, and you expressly consent to have your data transferred
to and processed in
the United States
.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will
delete that information from the Services as quickly as is reasonably practical.
15.
COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a
"Notification"). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
16.
TERM AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
17.
MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases
in connection therewith.
18.
GOVERNING LAW
These Legal Terms
and your use of the Services are governed by and construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed within
the State of California
, without regard to its
conflict of law principles.
19.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive,
we will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in
Ventura County,
California
. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts
located in
Ventura County,
California
, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1)
years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right
or authority for any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
21.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
22.
LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU
TO US
DURING
THE six (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24.
USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails,
and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
26.
CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27.
MISCELLANEOUS
These
Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
28.
CONTACT US
In
order to resolve a complaint regarding
the Services or to receive further information regarding use of the Services, please contact
us at:
The Rebel Scholar Corp.
1534 N Moorpark Rd, #375
Thousand Oaks
, CA
91360
United States
support@briddg.com