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Website Terms of Use

Last Modified: November 24, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between you and PeduL, Inc. (“PeduL”, “Company, we or us”). The following terms and conditions, as updated from time to time (collectively, these Terms of Use”), govern your access to and use of WWW.PEDUL.COM, including any content, functionality and services offered on or through WWW.PEDUL.COM (collectively, the Website”), and the data, information, tools, software and related services delivered or provided by us through the Website or our computing or mobile applications (the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services, or otherwise indicating agreement to these Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy[ML1] , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Age Requirement

PeduL does not knowingly collect information from children under the age of 13. If you are under the age of 13, please do not submit any information to PeduL and/or use the Services. Parents and legal guardians should monitor the internet usage of their children under the age of 13 and to help enforce our Terms of Use and Privacy Policy by instructing their children never to provide information on PeduL’s site. If you have reason to believe that a child under the age of 13 has provided information to PeduL through its website or any of its subsidiaries or services, please contact us at INFO@PEDUL.com[ML2] .

By using the Website, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent(s) or legal guardian(s) to do so.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, and if we do, we will made you aware of the update. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Service following notice of revised Terms of Use (including changes to the Privacy Policy), or other means of acceptance, means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services, in our sole discretion.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

Our Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non­commercial use only. You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software (the “Software”), all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Our name, our logo and all related names, logos, product and service names, designs and slogans are our trademarks or those of our its affiliates or licensors. You must not use such marks without the prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Rules of Conduct

You agree that you will not violate any applicable law or regulation in connection with your use of the Services.

You agree not to use the Service:

·                     In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

·                     For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

·                     To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.

·                     To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

·                     To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

·                     To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.

            You agree not to distribute, upload, make available or otherwise publish through the Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:

·                     is unlawful or encourages another to engage in anything unlawful;

·                     contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;

·                     violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party;

·                     is false, inaccurate, fraudulent or misleading; or,

·                     is libelous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

Additionally, you agree not to:

·                     Modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Services;

·                     Submit, post or make available false, incomplete or misleading information to the Services, or otherwise provide such information to us;

·                     Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

·                     Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

·                     Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

·                     Use any device, software or routine that interferes with the proper working of the Services.

·                     Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·                     Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.

·                     Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

·                     Otherwise attempt to interfere with the proper working of the Services.

            You are not licensed to access any portion of the Services that is not public, and you may not attempt to override any security measures in place on the Services.

            Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

User Contributions

The Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, post”) Content or Submissions (collectively, User Contributions”) on or through the Services.

All User Contributions must comply with the content standards set out in these Terms of Use.

You agree that any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such User Contributions, including without limitation distributing part or all of the User Contributions in any media format through any media channels.

You represent and warrant that:

·                     You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·                     All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

You acknowledge that we are under no obligation to maintain the Services, or any User Contributions. We reserve the right to withhold, remove and or discard any such material at any time.

Content Shared Through the Services

You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself and/or your business that you may include and that may be generated by the Services. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

Monitoring and Enforcement; Termination

We have the right to:

·                     Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·                     Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.

·                     Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·                     Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

·                     Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

All grants of any rights from you to us related to User Contributions  or other materials, including but not limited to copyright licenses, shall survive any termination of this Terms of Use. Further, your representations, defense and indemnification obligations survive any termination of this Terms of Use.

You may terminate this Agreement at any time by ceasing use of the Services or by closing your account through the functionality of the Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. You agree that we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Campaigns and Donations

The Service is designed to permit users to launch and manage crowdfunding campaigns (each a “Campaign”) for permitted third-parties to donate funds to the user’s campaign (such third-parties, “Donors”, and their funds “Donations”), that upon completion, are to be disbursed to the educational institution identified in the Campaign.

Campaigns can be created and launched by users (such users, the “Campaign Operator”). A Campaign will not begin until the Campaign Operator has, among other things, established a profile, set a fundraising goal, identified a particular institution to which the Donations will be disbursed[SS3] , completed a questionnaire, and provided additional information as the Service may require. We may require additional information during the course of a Campaign, at its completion, or thereafter, and the Campaign Operator is required to comply with any such requests.

When a Campaign Operator’s configuration of a Campaign is complete, they may publish the Campaign at their discretion, at which point, the Campaign is able to accept Donations from permitted Donors.

When a Donor selects to donate to a Campaign, they are making a financial commitment to donate the amount they designate at a time in the future when the Campaign is completed, as controlled by the Campaign Operator. Once a Donor has committed to a Donation, the commitment cannot be withdrawn unless the Campaign is cancelled. We reserve the right to exclude any Donor from use of the Service, in our sole discretion, and we may reverse any Donation at any time. If we reverse a Donation without cause, we will refund that amount to the Donor.

By using the Service as a Donor, you warrant and represent that any donation you make is legal in your jurisdiction, and that your designated payment method will be able to charge or disburse your designated Donation at the time that a Campaign is declared completed.

A Campaign Operator may declare a Campaign completed at any time through the functionality of the Service, even if the Campaign goal has not been reached. When a Campaign is declared completed by the Campaign Operator, we may request additional information, and may validate that the Campaign Operator is admitted to the applicable institution. In addition, at that time or before and funds are disbursed, the Campaign Operator must agree to certain additional student-specific terms, which may include a refund policy for unused funds in the event of the Campaign Operator fails to enroll and/or remain enrolled in the specified institution (the “Campaign Completion Policy”).

Once such additional terms and review has been completed, the Service may charge the Donors their designated Donations and collect those funds. We have then deduct our service fees (“Our Fees”), which will be no greater than 5% of the overall Donations collected by us for a specific Campaign. After deducting Our Fees, we will disburse the balance of the collected Donations to the specified educational institution.

We may use a third-party payment processor (the “Payment Processor”) to bill and remit payments and to draw amounts from accounts as indicated. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor, all Donations that you make at the time the Donation payment is triggered, and you authorize us, through the Payment Processor, to charge your chosen payment provider or account (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Users may make certain changes to their Campaign during the course of the Campaign, as such changes are permitted by the Service. Certain significant changes, however, may not be made, such as changing the educational institution to which disbursements are to be made at the end of a Campaign. To make a material change not permitted by the service mid-Campaign, the user must cancel their Campaign and launch a new Campaign. A user may cancel a Campaign at any time prior to disbursement of the Donations.

We may cancel a Campaign at any time, even after a Campaign goal has been reached or the Campaign has been declared closed by the Campaign Operator. If a Campaign is cancelled prior to disbursement of the Donations, all commitments of Donations will be refunded to the Donor to the account through which they made the Donation commitment.

If a Campaign Operator fails to abide by the terms of the Campaign Completion Policy and money is refunded to us by the specified institution, we will make reasonable efforts to refund such monies to the Donors pro-rata, in accordance with the percentage of the overall Campaign Donations in the subject Campaign. However, we have no obligation to pursue such refund from the educational institution, and make no warranty or guarantee that a Donor will be refunded any amount or a specific amount, even if the Campaign Operator violates these Terms of Use or the Campaign Completion Policy, and even if funds are returned to us by an educational institution.

 

Copyright Infringement

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via PeduL’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that a user has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process.

When a clear and valid notice is received pursuant to the guidelines set forth below (a “Notice”), we may respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the user who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content, but we may not if we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Services activities or communications. As such, they are not subject to PeduL’s Privacy Policy. This means we may publish or share them with third parties at our sole discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees.

Guidelines for Filing a Notice

Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a Notice in accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA. To file a DMCA Notice with PeduL, you must send us a written Notice. We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:

1.                  Identify specifically the copyrighted work(s) you believe has/have been infringed, or, if your claim involves multiple copyrighted works, a representative list of such works.

2.                  Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Website. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible.

3.                  Provide information sufficient to permit us to contact you directly: your name, mailing address, telephone number, and email (if available).

4.                  If possible, provide information sufficient to permit us to notify the Alleged Infringer.

5.                  Include the following statement: “I have 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.”

6.                  Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7.                  The Notice must include your physical or electronic signature.

8.                  The Notice must be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

PeduL, Inc.
P.O. Box 8071
Newark, NJ 07108

tel: (646) 630-9070

info@pedul.com[ML4] 

Filing a Counter-Notice

We will take reasonable steps to promptly notify you in the event that your Allegedly Infringing Content has been removed or blocked by us as a result of a DMCA Notice. If you believe that such content was removed or blocked by mistake or misidentification, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Content to be restored. To file a DMCA Counter-Notice with us, you must send us a written Counter-Notice.

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Content and we will reinstate the Allegedly Infringing Content within fourteen (14) business days, unless that party obtains a court order supporting removal of the Allegedly Infringing Content. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.

Your Counter-Notice must:

1.                  Describe and list all material(s) that were removed by PeduL and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;

2.                  Provide your name, address, telephone number and email address (if available);

3.                  State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Essex County, New Jersey if your address is outside of the United States);

4.                  State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.

5.                  Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

6.                  The Counter-Notice must include your physical or electronic signature.

7.                  The Counter-Notice must be sent to our designated DMCA designated agent at the following address:

DMCA Designated Agent

PeduL, Inc.
P.O. Box 8071
Newark, NJ 07108

tel: (646) 630-9070

info@pedul.com[ML5] 

Please be aware that if you knowingly misrepresent that your Allegedly Infringing Content was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the DMCA. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.  

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

The Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the state of New Jersey in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY FEATURES, SOFTWARE OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY FEATURES OR SOFTWARE OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE FITNESS, PERFORMANCE, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, MERCHANTABILITY, OR NON-INFRINGEMENT OF THE SERVICE OR ANY ELEMENT THEREOF.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, COVER, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER  CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

Indemnification

You agree to defend, indemnify and hold us and our affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your actual or alleged violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Website, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from us.

Disputes, Governing Law and Jurisdiction

 

You agree that any claim or dispute arising out of or relating in any way to your use of the Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New Jersey[SS6]  shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address:

PeduL, Inc.

Attn: Dispute Resolution

P.O. Box 8071

Newark, NJ 07108

 

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

            To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in Essex County, New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY[SS7] .

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

GENERAL

Waiver; Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement. The Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

Assignment. We may assign our rights or obligations under this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any of your rights or obligations under this Terms of Use without our prior written consent. Any unauthorized assignment shall be null and void.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Terms of Use are not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@pedul.com.


 [ML1]Insert active link

 [ML2]Please specify pedul.com  or pedul.org  throughout.

 [SS3]Does a student need to be admitted, and if so, is that verified?

 [ML4]Please confirm address, phone number, and e-mail, then register with the copyright office.

 [ML5]Please confirm address, phone number, and e-mail, then register with the copyright office.

 [SS6]TBD

 [SS7]TBD