TERMS AND CONDITIONS OF USE FOR PERSONALJUSTICE.ORG
Effective Date: July 30, 2019
Last Updated Date: July 30, 2019
Fundseek, LLC (“Personal Justice”, “Company”, “we”, “us” or “our”) maintains a crowdfunding platform (“Our Platform”, or the “Personal Justice Platform”), designed to connect Public Defender Offices, Civil Legal Aid Providers, and Public Interest Law Firms (collectively, “Access to Justice Providers”, or “Qualifying Organizations”) with donors, as well as a section containing information regarding crowdfunding best practices (the “Personal Justice Learn Section”, or the “Learn Section”).
Our platform and the section containing best practices are accessible through the Personal Justice website (the “Website”) via https://PersonalJustice.org.
Our Platform, the Learn Section, and other Personal Justice products and services are provided by Fundseek, LLC. These Terms and Conditions of Use (the “Terms“) govern Your use of the Personal Justice Platform, the Learn Section, and other Personal Justice products (collectively, the “Services“), so please read them carefully.
PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
- Use of the Services and Company Properties. The Website, the Services, and the information and content available on the Website and in the Services (each, a “Company Property” and collectively, the “Company Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Company grants You a limited license to reproduce portions of Company Properties for the sole purpose of using the Services for Your personal or internal business purposes. Unless otherwise specified by Company in a separate license, Your right to use any and all Company Properties is subject to the Agreement. You may use Our Services only if You can form a binding contract with Personal Justice. No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 13. If You are using the Services on behalf of any entity, then You are agreeing to the Terms on behalf of that entity. These Terms do not grant You the right to use any branding or logos used in Our Services.
- Personal Justice Services for Access to Justice Providers. Personal Justice qualifying organizations, including Public Defender Offices, Civil Legal Aid Providers, and Public Interest Law Firms, two account options to use the Personal Justice Platform. The first is a Basic Account, which is offered at no Account Creation Fee and no recurring Monthly Account Fee. The second is a Premium Account which is offered at an Account Creation Fee of $2,500 and a recurring Monthly Account Fee of $50 per month. Personal Justice also offers certain additional Premium Services for Premium Accountholders to enhance their experience on Personal Justice. Using the Personal Justice Account Registration and Order Form, found at https://PersonalJustice.org, qualifying organizations, through their authorized representatives, can register and subscribe to be utilize the Personal Justice Platform. After Your initial Premium Subscription and/or Premium Services subscription period, and again after any subsequent subscription period, Your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Personal Justice’s then-current price for such subscription. You agree that Your account will be subject to this automatic renewal feature unless You cancel or reduce Your Services at least thirty (30) days prior to the Renewal Commencement Date (or in the event that You receive a notice from Personal Justice that Your subscription will be automatically renewed, You will have thirty days from the date of the Personal Justice notice), in writing by email at email@example.com. If You cancel Your subscription, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. However, You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, You authorize Company to charge Your payment provider now, and again at the beginning of any subsequent subscription period. Upon renewal of Your subscription, if Company does not receive payment from Your Payment Provider, (a) You agree to pay all amounts due on Your Account upon demand and/or (b) You agree that Company may either terminate or suspend Your subscription and continue to attempt to charge Your Payment Provider until payment is received (upon receipt of payment, Your Account will be activated and for purposes of automatic renewal, Your new subscription commitment period will begin as of the day payment was received). Any such suspension or termination will result in the cancellation of any promotional programs applicable to Your Services. You agree to submit any disputes regarding any charge to Your account in writing to Personal Justice within sixty (60) days of such charge, otherwise such dispute will be waived, and such charge will be final and not subject to challenge. By registering for a Premium Account, You agree to pay Personal Justice the one-time Account Creation Fee as well as the recurring Monthly Account Fee. Basic Accounts have neither an Account Creation Fee nor a recurring Monthly Account Fee. Payments for Premium Accounts and Premium Services will be charged on the day Your Account is create or Premium Service goes into effect and will cover the use of that Premium Account or Premium Service for the period indicated. Thereafter, You agree that monthly payments will continue to be charged to Your account until You cancel Your Premium Account or Premium Service. Please note that we reserve the right to increase fees for the Premium Account and Premium Services on a monthly basis. If we do increase fees, we will notify You and provide You with the ability to unsubscribe from Our Service at the end of Your then-current term to avoid billing the following month’s subscription fees. However, if You decide to continue to subscribe to the Core Subscription or Premium Service, then You agree to the increased fees at the end of the then-current term.
- Accuracy of Campaign Description. By creating a crowdfunding campaign on Our Platform, You agree that information You provide is accurate. If information changes, You agree to immediately amend Your campaign on Our Platform, and take reasonably prudent actions to inform all donors who have already contributed to Your campaign of such changes. If the donor decides that any change You made to the information on Your campaign materially alters their desire to have contributed to Your campaign, You agree to provide a full refund for their donation to Your campaign. In certain limited circumstances, to be determined by Us, We may decide to issue the refund for such a donation. Please contact Us if You have any questions regarding refunds by email at firstname.lastname@example.org.
- Matching Funds Promotion Program. To promote Our Platform and Services, Qualifying Organizations are invited to participate in Our limited Matching Funds Promotion Program. By participating in this Program, Your first campaign on Our Platform will be eligible to receive automatic matching contributions for contributions made to Your campaign.
- Enrollment. You may elect to participate in Our Matching Funds Promotion Program when You register for Your account on Our Platform via https://PersonalJustice.org.
- Restrictions and Limitations. Our Matching Funds Promotion Program has the follow restrictions and limitations:
- Only for Your first campaign
- Campaign must exceed $1000 (USD)
- Campaign Funding Goal cannot be changed
- Legal Advertising and Communications. IT IS SOLELY THE RESPONSIBILITY OF QUALIFYING ORGANIZATIONS TO ENSURE THAT ANY INFORMATION OR ADVERTISEMENTS THEY POST OR PLACE ON THE PERSONAL JUSTICE PLATFORM, AND ANY COMMUNICATIONS THEY MAY HAVE WITH OTHERS THROUGH THE SERVICES, FULLY COMPLIES WITH ALL APPLICABLE LAWS AND RULES OF PROFESSIONAL CONDUCT, INCLUDING THOSE CONCERNING THE UNAUTHORIZED PRACTICE OF LAW AND THOSE REGULATING THE FORM, MANNER OR CONTENT OF COMMUNICATIONS WITH CLIENTS, ADVERTISING, OR OTHER MATTERS.
- Beta. Please take note that this is a “beta” version of the Personal Justice Platform. This means that Personal Justice Platform is undergoing testing before its full public release. To the full extent permissible under applicable law, The Personal Justice Platform and Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory as to the suitability or usability of the Personal Justice Platform and Services. We shall not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of Our Website and Our Site Content; this includes but is not limited to losses resulting from alleged negligence on the part of Our Company. Any downloading or uploading of material to Our Platform or Our Website is done at Your own risk and You shall be solely responsible for any damage to any computer system or loss of data that results from such activities. Should You encounter any bugs, glitches, lack of functionality or other problems while using Our Platform or Our Website, please contact Us by email immediately at access@PersonalJustice.org so that we can rectify these accordingly. We appreciate any feedback that You can provide us so that we can provide Our Users with a better experience using Our Services.
- Promotion of Our Platform and Services Using Your Information and Logo. By subscribing to an account on Our Platform, You are agreeing to authorize Us to use information regarding Your organization for the future promotion of Our Platform and Services. This specifically includes demographic information about Your organization, as well as the reproduction of Your organization’s logo. This does not include financial information of any kind, including billing information, credit card information, or other sensitive material. Please contact us with any questions regarding Our use of Your information by email at access@PersonalJustice.org.
- Company Properties. Except with respect to Your Content, You agree that Company and its suppliers own all rights, title and interest in Company Properties (including but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and Company game clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Company Properties.
- Trademarks. The Personal Justice logo and other related graphics, logos, service marks and trade names used on or in connection with Company Properties or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Company Properties are the property of their respective owners.
- Other Content. Except with respect to Your Content, You agree that You have no right or title in or to any Content that appears on or in Company Properties.
- License to Your Content. Company does not claim ownership of Your Content. However, subject to any applicable account settings that You select, You grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Company Properties to You and to Our other Users. You agree that you, not Company, are responsible for all of Your Content that You make available on or in Company Properties.
- Your Profile. Any Content posted by You in Your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at Your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Company Properties.
- User Conduct. As a condition of Your use of the Company Properties, You agree not to use Company Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content, on or through Company Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Company; (vi) interferes with or attempt to interfere with the proper functioning of Company Properties or uses Company Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Company Properties, including but not limited to violating or attempting to violate any security features of Company Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Company Properties, introducing viruses, worms, or similar harmful code into Company Properties, or interfering or attempting to interfere with use of Company Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Company Properties.
- Investigations. Company may, but is not obligated to, monitor or review Company Properties and Content at any time. Although Company does not generally monitor user activity occurring in connection with Company Properties or Content, if Company becomes aware of any possible violations by You of any provision of the Terms, Company reserves the right to investigate such violations, and Company may, at its sole discretion, immediately terminate Your license to use Company Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
- Third-Party Websites, Applications & Ads. Company Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When You click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we may not warn You that You have left Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Company. Company is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Company provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at Your own risk. When You leave Our Website, Our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
- Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) Your use of, or inability to use, Company Properties; (c) Your violation of the Terms; (d) Your violation of any rights of another party, including any Users; or (e) Your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will fully cooperate with Company in asserting any available defenses. This provision does not require You to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of Your Account, the Terms or Your access to Company Properties.
- Disclaimer of Warranties and Conditions.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
- COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; OR (2) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- From time to time, Company may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion. The provisions of this section apply with full force to such features or tools.
- No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. FINALLY, IN ADDITION TO THE FOREGOING DISCLAIMERS, YOU ACKNOWLEDGE THAT THE RAW DATA INCLUDED IN COMPANY PROPERTIES AND WEBSITE IS GATHERED FROM STATE RECORDS AND OTHER THIRD PARTIES AND ACCORDINGLY THAT COMPANY PARTIES WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY IN RELATION TO ERRORS OR OMISSIONS IN THE COMPANY PROPERTIES OR WEBSITE.
- Legal Disclaimers. Our Services encompass both Personal Justice-created content, including the Personal Justice Platform, and content that is not created or developed by Personal Justice, including the Personal Justice Learn Section.
- Personal Justice is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms, or strategies. No advice or information obtained from Company or through Company Properties will create any warranty not expressly made herein.
- We may review third-party content, including the content published in the Personal Justice Learn Section, to determine whether it is illegal or violates Our policies, and we may remove or refuse to display content that we reasonably believe violates Our policies or the law. But we do not routinely screen third-party content that is published via Our Services, and we cannot guarantee the accuracy, adequacy, or quality of any such information, or the qualifications of those posting it. Personal Justice is not responsible for the content or accuracy of the information provided on Personal Justice, nor does Personal Justice endorse, approve, guarantee, or recommend any of the information provided on Our Platform.
- From Our website, You can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have expired.
- Please be also aware that when You leave Our website, other sites may have different privacy policies and terms which are beyond Our control. Please be sure to check the Terms of Service and Privacy Policies of these sites before engaging in any business or uploading any information.
- Do not remove, obscure, or alter any legal notices displayed in or along with Our Services.
- Limitation of Liability.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Company by You during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
- Violations. If Company becomes aware of any possible violations by You of the Terms, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Company Properties, including Your Content, in Company’s possession in connection with Your use of Company Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to Your requests for customer service, or (5) protect the rights, property or personal safety of Company, its Users or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.
- Breach. In the event that Company determines, in its sole discretion, that You have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Company Properties, Company reserves the right to:
- Warn You via e-mail (to any e-mail address You have provided to Company) that You have violated the Terms;
- Delete any of Your Content provided by You or Your agent(s) to Company Properties;
- Discontinue Your registration(s) with the any of Company Properties, including any Services or any Company community;
- Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which Company deems to be appropriate.
- Term and Termination.
- Term. The Terms commence on the date when You accept them (as described in the preamble above) and remain in full force and effect while You use Company Properties, unless terminated earlier in accordance with the Terms.
- Prior Use. Notwithstanding the foregoing, if You used Company Properties prior to the date You accepted the Terms, You hereby acknowledge and agree that the Terms commenced on the date You first used Company Properties (whichever is earlier) and will remain in full force and effect while You use Company Properties, unless earlier terminated in accordance with the Terms.
- Termination of Services by Company. Service Fees for any Service shall be non-refundable. If timely payment cannot be charged to Your Payment Provider for any reason, if You have materially breached any provision of the Terms, or if Company is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account.
- Termination of Services by You. If You want to terminate the Services provided by Company, You may do so by (a) notifying Company at any time and (b) closing Your Account for all of the Services that You use. Your notice should be sent, in writing, to Company’s address set forth below. THE SERVICES WILL CONTINUE UNLESS YOU CANCEL YOUR SUBSCRIPTION/SERVICES IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 3.
- Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of Your password and all related information, files and Content associated with or inside Your Account (or any part thereof), including Your Content. Upon termination of any Service, Your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from Our live databases. Company will not have any liability whatsoever to You for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
- No Subsequent Registration. If Your registration(s) with or ability to access Company Properties, or any other Company community is discontinued by Company due to Your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then You agree that You shall not attempt to re-register with or access Company Properties or any Company community through use of a different member name or otherwise, and You acknowledge that You will not be entitled to receive a refund for fees related to those Company Properties to which Your access has been terminated. In the event that You violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- International Users. Company Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in Your country. These references do not imply that Company intends to announce such Services or Content in Your country. Company Properties are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that Company Properties are appropriate or available for use in other locations. Those who access or use Company Properties from other countries do so at their own volition and are responsible for compliance with local law.
- Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires You to arbitrate disputes with Company and limits the manner in which You can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to Your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of Your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) You may assert claims in small claims court if Your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where You live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.
- Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither You nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address: Fundseek, LLC, 747 SW 2nd Avenue, Suite 343, Gainesville, FL 32601, within 30 days after first becoming subject to this Arbitration Agreement or by emailing access@PersonalJustice.org. Your notice must include Your name and address, Your Company username (if any), the email address You used to set up Your Company account (if You have one), and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Company.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that You had already provided notice to Company.
- General Provisions.
- Electronic Communications. The communications between You and Company use electronic means, whether You visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.
- Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or Your use of Company Properties. If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
- Assignment. The Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If You have any questions, complaints or claims with respect to Company Properties, please contact us at: access@PersonalJustice.org. We will do Our best to address Your concerns. If You feel that Your concerns have been addressed incompletely, we invite You to let us know for further investigation.
- Limitation Period. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both You and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of Delaware.
- Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of DELAWARE, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Notice. Where Company requires that You provide an e-mail address, You are responsible for providing Company with Your most current e-mail address. In the event that the last e-mail address You provided to Company is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: access@PersonalJustice.org. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Consumer Complaints. In accordance with California Civil Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Terms, along with the content of the Personal Justice Order Form, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms.