1. Changes to this Agreement. Except with respect to Section 16.4 (Mandatory Arbitration), HGF reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the PJ Our Way Privacy Policies, which are incorporated into, a part of, and governed by this Agreement) at any time; provided, however, that HGF will provide you with notification of any material changes (as determined in HGF’s sole and absolute discretion) by e-mail, postal mail, website posting, pop-up screen, or in-service notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Continued use of the Service following any material revision to this Agreement and notification, as set forth above, constitutes your complete acceptance of any and all such changes.
2. No Endorsement. HGF operates the Service as an engagement program in which program participants receive books and are able to provide feedback. HGF partners with other organizations to provide the Service. While HGF tries to provide quality books and services, it cannot make any claims, promises or guarantees about the quality or contents of the books. HGF does not endorse or warranty any third party organization or program or any product, service, opinion, or other information that may be referenced on or through the Service.
Access to the Service.
3.1. Subject to your acceptance of and compliance with this Agreement, HGF grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the content except as specifically allowed in this Agreement.
3.2. HGF may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. HGF may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any application-, tool- or content-specific rules published within the Service.
3.3. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of HGF’s rights in and to the Service. HGF reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at HGF’s discretion.
4. Use of the Service by Minors. Individuals under the age of 18 may not use the Service unless their parent or guardian registers them to use the Service. In the event that you register a minor to use the Service, you hereby agree to this Agreement on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the Service by the minor you register, whether or not such uses were authorized by you.
5. Representations of Parents/Guardians.If you are a parent or guardian registering a minor to use the Service, you hereby represent and warrant that you are the legal parent or guardian of that minor.
6. Registration and Subscription. To participate in the Service, a user will be required to register as a member of the Service at no cost. As a registered member, the user will have the ability to use the certain features of the Service.
7. Ownership of Intellectual Property.
7.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by HGF and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including, but not limited to, all books) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. HGF and the HGF logos, including without limitation the PJ OUR WAY trademarks, are trademarks of HGF and may not be used without the express written permission of HGF.
7.2. You do not acquire any ownership rights by using the Service.
7.3. You agree not to copy, redistribute, publish or otherwise exploit material from the Service (including, but not limited to, all books), except as expressly permitted herein, without the express prior written permission of HGF.
7.4. You hereby grant to HGF an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, suggestions, ideas, reviews, ratings, quiz answers, and other submissions disclosed, submitted, or offered to HGF in connection with your use of the Service, including without limitation by e-mail to HGF (collectively, “Submissions”) in any manner whatsoever HGF may desire, including, but not limited to, marketing and/or promotional purposes, and to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law HGF may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you, and with or without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
7.5. You agree to not remove or alter HGF’s trademark, service mark, copyright or other proprietary rights notices as provided by HGF on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by HGF from time to time. You agree that all goodwill that arises in connection with your use of HGF's trademarks or service marks inures exclusively to HGF, and you agree not to challenge HGF's ownership or control of any HGF’s trademarks or service marks, nor use or adopt any trademarks or service marks that might be confusingly similar to such HGF’s trademarks or service marks.
7.6 Community Areas. If you use a community area of the Service, such as forums, blog areas, or other public areas or member communities, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the community areas or other areas of the Service. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with other users, in any online community area is by design open to the public and is not private. The HGF Parties (as defined herein) reserves the right to, but shall not be obligated to, record any dialogue or exchanges in the community areas of the Service. The HGF Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the community areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.
8. Passwords. HGF has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform HGF of any need to deactivate a password. You grant HGF and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
9. Privacy and Protection of Personal Information. HGF respects the privacy of visitors to, and users of, the Service. Information collected from you and any individual you register to use the Service is subject to the PJ Our Way Privacy Policies. Please see the PJ Our Way Privacy Policies for more information on the collection and use of your information. You acknowledge and agree that the PJ Our Way Privacy Policies, including, but not limited to, the manner in which HGF collects, uses and discloses your personally identifiable information and non-personally identifiable information, are incorporated into, made part of, and governed by this Agreement. By accepting this Agreement, you agree to all of the terms of the PJ Our Way Privacy Policies. You further agree to hold all information you may receive from HGF in confidence and to comply with all applicable laws with respect to all information you may receive from HGF.
10. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, HGF hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGaurdOnline (http://www.onguardonline.com/). Please note that HGF is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
11. Disclaimers; Limitations; Waivers of Liability.
11.2. THE HGF PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR (B) WITH RESPECT TO THE QUALITY, CHARACTER, SIZE, CONDITION, OR TIMELINESS OF DELIVERY OF ANY GOODS OBTAINED THROUGH YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY BOOKS OR OTHER PUBLICATIONS.
11.3. THE HGF PARTIES DO NOT ENDORSE OR WARRANTY ANY ORGANIZATIONS OR ANY PRODUCT, SERVICE, OPINION, OR OTHER INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. HGF HAS NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN A USER OF THE SERVICE AND ANY ORGANIZATION OR OTHER THIRD PARTY USER.
11.4. THE HGF PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE HGF PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE AND DETERMINATION IS MADE THAT HGF IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY AND THE MOST HGF WOULD BE RESPONSIBLE FOR IS $100. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL HGF BE LIABLE TO YOU FOR MORE THAN THE AMOUNT ONE HUNDRED U.S. DOLLARS ($100).
11.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
12. Release. You forever release, discharge, and covenant not to sue The HGF Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of The HGF Parties, or otherwise, in connection with your use of the Service or your interaction with any party, including any educational, religious, or community program or organization, through or as a result of the Service. In other words, you agree that you cannot sue The HGF Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
13. Indemnification. You agree to defend, indemnify and hold harmless the HGF Parties from and against all liability, claims, actions, and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
14. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy: It is HGF’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or e-mail address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HGF will also terminate a subscriber's account if a subscriber is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than once. Our designated agent, to whom you should e-mail your infringement claim (or other complaints), is:
ATTN: ALEX ZABLOTSKY
Harold Grinspoon Foundation
PJ Our Way
67 Hunt Street, Suite 100
Agawam, MA 01001
Telephone Number: 413-276-0744
16. Governing Law/Waiver of Injunctive Relief.
16.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Springfield, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Springfield, Massachusetts.
16.2. You acknowledge that the rights granted and obligations made hereunder to HGF are of a unique and irreplaceable nature, the loss of which will irreparably harm HGF and which cannot be replaced by monetary damages alone so that HGF will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
16.3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and HGF agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating an arbitration proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Harold Grinspoon Foundation, 67 Hunt Street, Suite 100, Agawam, Massachusetts 01001, ATTENTION: LEGAL DEPARTMENT.
16.4. Mandatory Arbitration. If you and HGF are unable to resolve a Dispute through informal negotiations within 30 days, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and HGF may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
16.5. You and HGF agree that arbitration will be limited to the Dispute between HGF and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16.6. You and HGF agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or HGF’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
17.1. The failure of HGF to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of HGF's right to assert or rely upon any such provision or right in that or any other instance.
17.2. You and HGF agree that if any portion of this Agreement, except any portion of Section 16.6, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 16.6 is found to be illegal or unenforceable then neither you nor HGF will elect to arbitrate any Dispute falling within that portion of Section 16.6 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Springfield, Massachusetts, and you and HGF agree to submit to the personal jurisdiction of that court.
18. Miscellaneous. HGF operates and controls the Service from its offices in the United States. HGF makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HGF to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, HGF or any other website or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from HGF if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in HGF’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, HGF shall retain all rights to the Submissions pursuant to this Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without HGF's prior written consent. This Agreement (including the PJ Our Way Privacy Policies) contains the entire understanding of you and HGF, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon HGF's request, you will furnish HGF any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against HGF by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
19.Statute of Limitations. You and HGF both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the PJ Our Way Privacy Policies) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.