These Terms of Service govern your access and use of all services offered by InPlay and its related organizations (collectively “InPlay” or “we”, “us”, or “our”) via the website located at www.InPlay.org (including any versions optimized for viewing on a wireless or tablet device) or other web application; all program offerings, OSCAR, all email newsletters published or distributed by InPlay; and all other interactive features and communications provided by InPlay, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by InPlay (collectively, “Services”). BY ACCESSING OR USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF SERVICE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY.
IN ORDER TO ACCESS OR USE OUR SERVICES, YOU MUST BE 18 YEARS OF AGE OR OLDER. IN ORDER TO SHAREPERSONAL INFORMATION ABOUT A MINOR, YOU MUST BE THE PARENT OR LEGAL GUARDIAN WITH NECESSARY RIGHTS TO SHARE SUCH INFORMATION. If you are accessing the Services on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms of Service. By accessing and using the Services, you represent and warrant that: (a) any and all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services will comply with and does not violate any applicable law, regulation, order or guideline.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. PLEASE TAKE A FEW MINUTES TO REVIEW SECTION 24.
You are responsible for all internet access, mobile data, or other charges incurred when using Services.
Our Service. We support families in finding, researching, planning, and enrolling in after-school, summer camps, and other supervised extracurricular, educational programs for children and youth. This may include connecting families with organizations and entities providing these activities. Our Services may include working directly with school districts to connect families with such opportunities.
Access License. InPlay grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Servicesfor your personal or internal business purposes. Except as expressly permitted herein, the Services and any portion of the Services may not be reproduced, sold, resold, visited, or otherwise exploited for any purpose without InPlay’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Some features may not be available on all devices.
Privacy. Data collection and use, including collection and use of personal information (“User Data”), is governed by InPlay’s Privacy Policy which is incorporated into and is a part of these Terms of Service. You shall retain all title to and ownership of and all proprietary rights with respect to User Data, and shall be solely responsible for its use thereof. You are also responsible for securing your User Data. You hereby grant InPlay/OSCAR a worldwide, royalty-free, and non-exclusive license to access and use User Data for the sole purpose of enabling InPlay/OSCAR to provide the Services, and for the limited purposes set forth in InPlay/OSCAR Privacy Policy. Student information obtained by InPlay from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to InPlay. In such cases, InPlay will not use any information in a student record for any purpose other than those required or specifically permitted by the InPlay Terms of Use and Privacy Policy. InPlay is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
Copyright and Ownership. All of the content featured or displayed on the Services, including text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by InPlay, its licensors, vendors, agents, or its Content providers. All elements of the Services, including the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Servicesare being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of InPlay or its licensors, vendors, agents, or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Services.
Trademarks/No Endorsement. All trademarks, service marks, and trade names of InPlay used herein (including but not limited to: InPlay name, InPlay logo, the Services name, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of InPlay or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify InPlay trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without InPlay's prior written consent.
Account Registration and Security. You may need to create an account to access parts of the Services. You will: (i) provide true, accurate, current, and complete information about yourself, the entity you represent, and your school-age minor(s) as prompted by the Services registration (such information, "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or InPlay has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, InPlay has 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 are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. InPlay will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The personal information you provide to InPlay for the purpose of creating and maintaining your account is governed by the InPlay Privacy Policy.
Solicited Submission Policy. Where InPlay has specifically invited or requested submissions or comments, InPlay encourages you to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to InPlay that they are created for consideration in connection with the Services (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content on our Services, you expressly grant InPlay a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and InPlay shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. You may not use a false e-mail address or otherwise mislead as to the origin of any User Submission. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, privacy or other rights, or otherwise injurious to any person or entity and that none of those submissions contain any viruses, trojan horses or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network.
Inappropriate User Submissions. InPlay does not encourage, and does not seek any User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your User Submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. InPlay will reject any User Submissions in which InPlaybelieves, in its sole discretion, that any such activities have occurred. InPlay has the right (but not the obligation) to monitor, edit, and remove any activity or content. If notified that a submission allegedly violates any provision of these Terms of Service, InPlay reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Services at any time and without notice.
Inappropriate Material. You shall not use the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by these Terms of Service. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any portion of these Terms of Service, we may take any action we deem necessary to cure or prevent the violation, including banning you from using the Services and the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Access and Interference.** **You shall not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
Right to Take Down Content. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user's e-mail or content posted to the Services unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on InPlay or the Services; (2) protect and defend the rights or property of InPlay, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and InPlay shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Services or any part thereof.
User Published Content.** **User published content and User Submissions do not represent the views of InPlay or any individual associated with InPlay, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, InPlay’sendorsement of such user published content. InPlay does not vouch for the accuracy or credibility of any user published content on our Services or User Submissions published through our Services, and does not take any responsibility nor assume any liability for any actions you may take as a result of reviewing any such user published content or User Submission. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, you assume all associated risks.
Feedback. If you give to InPlay any idea, proposal, suggestion, or feedback, including ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you give to InPlay, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose.
Third Party Links. While InPlay does not sell space on the Services to third party advertisers, in addition to our program partners (see Section 15), the Services may display links or promotional content related to organizations that we think may be of interest to you. Such links, as well as any other links to websites that are not owned, operated or controlled by InPlay or its affiliates are provided solely as a convenience to you. If you use these links, you will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from these Services, you do so entirely at your own risk. A significant portion of InPlay’s Services includes connecting parents with educational organizations. InPlay is not responsible for the actions, content, or representations made by the organizations InPlay connects users to.
Program Partners. We may partner with organizations to enable your registration for (and interaction with) partners’ programs via our Services. If you access or use such partner programs or services (e.g., via a registration page), you are transacting directly with the partner. On those pages or locations, the partners’ brands will be visible. When using these partner pages or services within our Services, you are bound by any additional partner terms of service in addition to remaining bound by these Terms of Service. Further, InPlay is not a party to your agreement with any such partner. InPlay makes no promise that the partner programs or services promoted or offered are appropriate or available and disclaims all liability related to your experience accessing or using such programs or services. To the extent there is a conflict between these Terms of Service and the partner’s terms of service, the partner’s terms of service will prevail.
Eligibility. Because InPlay offers Services that enable schools and other third parties to connect parents with education programs, eligibility to access or use the Services will be specific to each program offered and determined by InPlay’s partners. If you meet the eligibility requirements of these third parties and comply with these Terms of Service, you may register for the Services offered. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to services or opportunities you subscribe to through our Services.
Termination. You or we may suspend or terminate your account or your use of this Services at any time, for any reason or for no reason. We may block your access to our Services in the event that: (i) you breach these Terms of Service; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users or us. If your account is terminated, we may delete any data you’ve provided to the Services and your User Submissions, in accordance with applicable law. As a result, you may no longer be able to access any of the Services (or your submissions that you’ve stored on the Service).
Representations and Warranties.** **You represent that you are over the age of 18, have the right and authority to enter into these Terms of Service, have the necessary rights to share personal and personal information of a participant minor, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of these Terms of Service. In addition, you represent and warrant that your User Submissions and all elements thereof are (i) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your User Submissions, or you are otherwise legally entitled to grant InPlay all of the rights granted herein; and (ii) InPlay’s use of your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights, or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
DISCLAIMERS. YOUR USE OF THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICESPROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER INPLAY, NOR ANY OF ITS PARTNERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER INPLAY, NOR ANY OF ITS PARTNERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INPLAY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. INPLAY DOES NOT ASSUME ANY RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICES. IN NO EVENT WILL INPLAY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICESCONTAINED ON ANY OR ALL OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL INPLAY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (I) TWENTY FIVE DOLLARS (US $25.00) OR (II) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE SERVICES.
Indemnity. You agree to defend, indemnify, and hold InPlay and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (i) the use of the Services or your placement or transmission of any User Submission or other content, message, or information on this Services by you or your authorized users; (ii) your violation of any provision of these Terms of Service, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to InPlay, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.
Release. In the event that you have a dispute with one or more other users of the Services, you release InPlay (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Force Majeure. Neither InPlay nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge, or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Dispute Resolution. *PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND INPLAY HAVE AGAINST EACH OTHER ARE RESOLVED. *This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and InPlay agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding: (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with InPlay; or (iii) any data or information you may provide to InPlay or that InPlay may gather in connection with such use, interaction, or transaction (collectively, “InPlay Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other InPlay Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against InPlay, and any claim that InPlay may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any InPlay Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, InPlay agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (d) or (h) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You further agree that:
(a) Arbitrator Will Interpret these Terms of Service. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and these arbitration provisions in this Section hereof, including but not limited to any claim that all or any provision of these Terms of Service is void or voidable;
(b) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and InPlay; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(c) Governing Law. The Arbitrator (i) shall apply internal laws of the State of California consistent with the FederalArbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(d) No Class Relief. The Arbitration can resolve only your and InPlay’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(e) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(f) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, InPlay will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(g) Reasonable Attorney’s Fees. In the event you recover an Award greater than InPlay’s last written settlement offer, the Arbitrator shall also have the right to include in the Award InPlay’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but InPlay shall in all events bear its own attorneys’ fees;
(h) Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor InPlay shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(i) Modification of Arbitration Clause With Notice. InPlay may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after InPlay has given notice of such modifications and only on a prospective basis for claims arising from InPlay Transactions and Relationships occurring after the effective date of such notification; and
(j) *Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. *Notwithstanding the foregoing arbitrationprovisions, at your option, you may bring any claim you have against InPlay in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
General. Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the State of California. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by InPlay in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive this agreement shall survive any termination or expiration of these Terms of Service.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Services. InPlayhas in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. InPlay has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of InPlay or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Service. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is legal@InPlay.org.
Please provide the following notice:
We may give notice to our users of any infringement notice by means of a general notice on our Services, electronic mail to a user's e-mail address in our records, or by written communication. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federaldistrict court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Entire Agreement. The Agreement contains the complete and entire understanding between you and us regarding your access to and use of the Services. The Agreement supersedes all prior agreements between you and us regarding Your access to and use of the Services.
Assignment. The Agreement is personal to you, and you may not assign or transfer your rights or obligations under the Agreement. We may assign our rights and obligations under the Agreement to a third party in connection with a merger or sale of all or substantially all Our assets related to the Services.
Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us by email at legal@inplay.org.
Changes. We may modify or replace these Terms at any time by placing revised Terms of Service on this page. We will notify you of changes to any material terms of these Terms by placing a notice at the top of these Terms. By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.
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