The following are the terms of service (“Terms of Service”) that define the relationship between Invincible, Inc. (doing business as Invincible (“Company,” “Invincible,” “we,” or “us”)) and you, and govern your use of Invincible’s services.
PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION SECTION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE SERVICES.
We’ve done our best to write this policy in simple, clear terms. We’ve also added summaries below each section that provide short explanations of the legal language in plain English (it starts with ‘Basically...’) to aid in understanding, but it isn’t legally binding.
Last updated: September 26, 2019.
Thank you for your interest in Invincible, which owns and operates the services offered on www.invincibleapp.com (“Invincible Website”), including the Invincible platform (“Invincible Platform”), and any associated mobile applications (“Invincible Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).
These Terms of Service contain general terms that apply to you as a user of the Invincible Service ("User"), along with additional terms that may apply to you as a User registered as school staff or a parent.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
By using or signing up for Invincible, you agree to these terms. If you are under the age of 18, your legal guardian or parent will need to review and agree to the Agreement on your behalf. Welcome to the community!
Permission to use Invincible As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service solely to enable your use of the Service. The Service is available for your personal, noncommercial use and should only be used for educational purposes or lawful purposes that help bring school communities together or help parents and children build stronger relationships at home.
Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional Premium Features that Invincible may charge for. Please also be aware that while we currently provide our mobile services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
_Changes to the Service _
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you (or your school as applicable) own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Restrictions Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Invincible Technology” and “Acceptable Use and Conduct” sections.
You can use Invincible, as long as you follow the rules in these terms.
The Service and the Invincible Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement. “Invincible Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Invincible proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Invincible Marks. “Invincible Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Invincible.
Invincible Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Invincible Technology. You agree that, as between you and Invincible, all the intellectual property rights in the Invincible Service and Invincible Technology, which does not include User Content (as defined below), are owned by Invincible or its licensors. These terms do not grant you the right to use any Invincible Marks.
You will not, nor will you allow any third party (whether or not for your benefit) to:
Use of our Service does not give you any ownership rights to our intellectual property. We respect copyrights, trademarks and brands. Please respect ours, too!
User Content and Activities
In the course of using the Service, you and other Users may provide or post certain content or information.
School Personnel and Users may submit feedback, comments or suggestions for improvements to the Services (in written, oral or any other form) (“Feedback”).
Consistent with applicable law, as between Invincible and you, you (or your school as applicable) retain all ownership rights you have in any User Content. Invincible does not claim any ownership rights in the User Content.
In order to allow Invincible to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service, including distributing Activities, and providing the Premium Features), worldwide, royalty-free, and transferable (only to a successor) right and license to:
The license in 1(a) above will terminate when you or your Institution (as defined below) delete (i) any User Content with intellectual property rights, (ii) personally identifiable information, or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it.
Your Responsibilities and Invincible Rights
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Invincible cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
a) School Personnel: If you are a School Staff accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(i) Permissions and Authority: You agree that you are acting on behalf of (or have received all necessary permission from) your Institution to enter into this Agreement and to register and use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a User of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Invincible immediately at email@example.com.
(ii) Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent and you understand that we will not let children under the age of 13 use certain features of the Service
(iii) Communications with Parents. If you choose to use Messaging or other digital communications features with parents or guardians (“Parent Communications”) the following terms apply:
Please be sure your school or district is fine with you using Invincible, and acting on behalf of your school in this Agreement.
b) Parents: if you are a parent of a student and have been invited by the your child’s School Personnel to create a parent account on the Service, then the following terms apply to you:
(i) Text, SMS and Other Messaging. Invincible, on behalf of and at the direction of an Institution, may send parents/legal guardians informational text messages from your child's Institution, including, but not limited to, messages: (1) providing information related to their or their child’s use of the Services; (2) supplying information that they request; or (3) responding to their inquiries regarding their account or use of Invincible. If you as a parent/legal guardian, provide your telephone number to your child’s school, you are consenting to Invincible (on behalf of and at the direction of your child’s school) sending informational text messages closely related to the Institution’s mission. If you have created an account on the Service, and have provided Invincible directly with your phone number or email, you further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Service.
Invincible does not charge you for our text message features. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Parents: As part of our Service, we may contact you via text message.
If you want to use third-party services through your Invincible account (e.g., Google Apps), we’ll help you connect your account to those services so you can use them, and you are giving us permission to store and use certain information already associated with your authentication service. You can revoke our access to this account by updating your settings in your authentication service account.
If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience, ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Content, or any other data or content stored on the Invincible Service, to such Third-Party Applications, including through any Invincible API’s. Invincible shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Content, resulting from any such access by Third-Party Applications.
You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Content or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Invincible regarding Third-Party Applications for all content you link to or integrate with the Service through the use of any Third-Party Applications.
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page or elsewhere in the Services and/or as required by law. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
Invincible will not change how PII contained in Education Records or Student Data are used or shared under these Terms of Service without advance notice, including prominent notice to affected Users. If a change with respect to how PII contained in Education Records or Student Data is used or shared under these Terms of Service has a material adverse impact on the students, School Personnel or Institution and the School Personnel or Institution does not agree to the change, the School Personnel or Institution must notify Invincible within thirty days of receiving the notice of change as described under the caption “Contact Information” below. If School Personnel or Institution notifies Invincible as required, then the School Personnel or Institution will remain governed by the Terms of Service in effect immediately prior to the change until the end of the then current Term. If the Service is renewed, they will be renewed under Invincible's then current Terms of Service.
You warrant, represent and agree that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation, COPPA, state student privacy laws, and FERPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Content and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for providing notices and obtaining consents required by applicable Laws for students to use the Services or to provide User Content, including compliance with the applicable provisions of COPPA when obtaining School Consent.
You agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content.
We do our best to keep Invincible safe, but we cannot guarantee it. We need your help to keep Invincible safe, which includes the following commitments by you when using our Service:
Any violation of the above may be grounds for termination of your right to access or use the Service.
You agree not to misuse Invincible's services.
We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Invincible are not regularly tested for compatibility with experimental features. To enable an experimental feature, turn the switch on within a teacher account’s Settings. Experimental features will be added and old ones removed, possibly (probably) without notice.
Invincible sometimes offers experimental features which haven't been tested. These may be removed without notice.
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED PRODUCTS, PREMIUM FEATURES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT, Invincible TECHNOLOGY OR SOFTWARE AND ANY OTHER CONTENT (“COLLECTIVELY THE “Invincible OFFERINGS” ) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Invincible (AND ITS PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS,SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS (“INVINCIBLE PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Invincible OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN PARTICULAR, INVINCIBLE AND THE INVINCIBLE PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE Invincible OFFERINGS (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM Invincible SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL INVINCIBLE OR THE INVINCIBLE PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Invincible HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE INVINCIBLE OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE INVINCIBLE OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL INVINCIBLE OR THE INVINCIBLE PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE INVINCIBLE OFFERINGS IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, INVINCIBLE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Invincible is a free service and is provided “as-is.” We’re not liable to you for indirect, or special damages if something goes wrong. Additionally, we set a cap of our liability to you for any direct damages that you may incur as a result of using our Services to be the greater of the amount of fees you have paid to us for your use of the Service in the 12 months prior to the claim or $100.
As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information ("Company User ID"). Alternatively, (1) an Institution or School Personnel or (2) a parent, may create accounts and logins for students or their child (“Student Login(s)”). When you register or create a Student Login, you must provide Company with accurate, complete, and updated Company User ID and Student Login information. You may not select or use as a Company User ID or Student Login, a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Invincible reserves the right to refuse registration or to cancel a Invincible ID or Student Login in its discretion.
You shall be responsible for maintaining the confidentiality of your login credentials, Invincible ID OR password (“Account Credentials”) and will not share with anyone or let anyone else access your Account Credentials or account. You may not transfer your Account Credentials or account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account Credentials, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Invincible or another party due to someone else using your Account Credentials.
You expressly agree to (a) immediately notify Invincible of any unauthorized use of your account or any other breach of security of your Account Credentials, account or a child's personal information, and (b) ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant that (1) all Account Credential information you submit is truthful and accurate, and (2) if you are setting up a Student Login that you have obtained any and all necessary rights, permissions, or consents to access, setup, monitor, use or disclose any data from such accounts of other Users..
You should keep your username, password and any other login credentials secret!
You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend Company and the Invincible Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service or Premium Features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
Invincible reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Invincible. Invincible will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If someone brings a claim against us related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.
Content from other Users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Invincible has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access Third-Party Websites or interact or communicate with third parties through the Service, you do so at your own risk and are solely responsible for determining whether or not such Third-Party Content and Third-Party Websites are appropriate or acceptable to you. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
We’re not responsible for any third-party content posted, or third-party websites or services linked from our service, or any disputes you may have with them.
User Disputes. Invincible is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserves the right, but have no obligation, to become involved in any way with these disputes.
Release. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, successors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use , privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
There are many people who use Invincible. Although we expect every user to follow our guidelines, we are not responsible for their actions. We’ll enforce our acceptable use and other guidelines, but we won’t get involved in, nor are we responsible for any disputes you may have with other users of Invincible.
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). Certain Users (e.g., parents and School Personnel) may terminate their use of the Service or your account at any time by contacting us at firstname.lastname@example.org provided, however, that an Institution may require satisfaction of certain requirements before School Personnel can terminate their account. As a parent, if you created your child’s account (or your child is not using the Service at school), you can also terminate your child’s account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the student account originally).
You acknowledge that, if you knowingly, intentionally or negligently violate this Agreement, Invincible may suspend your license to the Services, in whole or in part, until the violation has stopped or terminate your license and use of the Services. In the event that you fail to correct the violation after reasonable notice from Invincible, Invincible may terminate your license and use of the Services and this Agreement. You agree and if such termination or suspension occurs, Invincible shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.
The following does not apply in the unforeseen circumstances in which Invincible ceases operations or files for bankruptcy at which point Invincible may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you. We believe that you (or your school as applicable) own your data and preserving access to such data is important. If we discontinue the Service (such as if we went out of business), where reasonably possible, we will give you advance notice and a chance to get information out of the Service. Click here for more information.
There is no obligation to use our Service, and you can stop using your account, or delete it completely, at any time. We can do that for you, too. Additionally, we might suspend or terminate your account if you violate our rules or the law.
a) Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action.
b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
d) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Company's address for Notice is: Class Twist, Inc., 735 Tehama St, San Francisco, CA 94103, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
e) Fees: In the event that you commence arbitration in accordance with these Terms of Service, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.
It is our goal to quickly and efficiently resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. If you bring a dispute in arbitration that is $10,000 or less, Invincible will pay all the filing fees and make arrangements for non-appearance based proceedings (if you prefer). Additionally, we each waive rights to bring class actions.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Please abide by these terms - we will!
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