The Effective Date of these Terms of Use is March 24, 2023
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SUPER TEACHER APP OR OUR OTHER SERVICES (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU AGREE TO THESE TERMS BY ACCESSING OR USING THE SERVICES. (IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN MUST REVIEW THESE TERMS WITH YOU AND AGREE TO THEM ON YOUR BEHALF.) IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SERVICES.
These Terms of Use (“Terms”) apply to the Super Teacher mobile application (“App”), and any other website, mobile application, or feature or service owned or controlled by Super Teacher Inc. (“Company”, “we”, “us”, or “our”) that posts or includes a link to these Terms (collectively, the “Services”).
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTES/ARBITRATION/GOVERNING LAW PROVISION BELOW, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN YOU AND A COMPANY PARTY (DEFINED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Please also review our Privacy Policy, which describes how Company may collect and use personal information from users of the Services. There may be times when separate terms and conditions, in addition to these Terms, apply to a particular service or feature offered through the App (“Additional Terms”). In those cases, the Additional Terms control to the extent there is a conflict with these Terms.
If you are accessing the App on Apple Inc.’s (“Apple”) iOS platform, you acknowledge that: (i) Apple is not a party to and has not agreed to these Terms; (ii) Apple is not a sponsor of, affiliated with and does not otherwise endorse the App or Materials (defined below); (iii) Company, and not Apple, is responsible for the App; and (iv) your use of the App is also subject to Apple's Usage Rules as set forth in the Apple Media Services Terms and Conditions.
Our Services are intended for home use under the supervision of a parent and are not marketed to or intended for use in a K-12 school environment.
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (and all past, present, and future versions), including, without limitation: audio-visual content, graphics, layout, text, instructions, widgets, images, designs, trade names, trademarks (including logos and trade dress), any and all copyrightable material (including source and object code), the "look and feel" of the Services, the compilation, assembly and arrangement of the materials of the Services, and all other materials related to the Services (collectively, the "Materials") are owned, controlled, or licensed by or to Company (or its parents, subsidiaries, or affiliates) and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, publicity and other applicable laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, without the express permission of Company, unless and except as is expressly provided for in these Terms. Any unauthorized use of the Materials is prohibited.
Subject to your strict compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view and/or use the Services (and all Materials included in or available through the Services) on any device that you own or control for your personal, non-commercial use only and – if you are accessing the Services on Apple’s iOS platform – as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the Services or Materials in a manner that suggests an association between you or a third party and any of our products, services or brands; (c) you make no modifications to the Services or Materials; (d) you do not and you do not allow, aid, abet, or encourage any third party (whether or not for your benefit) to: (i) copy or adapt the object code of the App or any other code included in the Services or Materials; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Services creates to generate its content or any software or other products or processes accessible through the Services; and (e) you do not insert any code or product to manipulate the Services in any way that affects any user's experience. You also agree that you will not, including by using any robot, scraper, or other data-mining technology or process, frame, mask, extract data from, copy or distribute the Services or Materials (except as may be a result of standard search engine or Internet browser usage).
We reserve all other rights to the Services and Materials. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Materials without our permission. You also may not transfer, resell or sublicense this limited right to use the Services, including any Subscription Service (as defined below).
Without limiting the generality foregoing, the Services may make available worksheets that users can download as part of participating in a lesson. Any such worksheets are licensed to you solely for your own personal use (or that of your child(ren) or ward(s)) while you are a bona fide user of the Services. You may download, print and reproduce such worksheets as reasonably necessary to utilize them for their intended educational purposes related to your personal, non-commercial use of the Services and are expressly prohibited from further reproduction, publication, or distribution of such worksheets or similar Materials downloadable through the Services.
Company reserves the right to charge for use of the Services, in whole or in part (including as described in the Subscription Terms section below) and to change or add new fees from time to time in its discretion.
You may have the opportunity to submit feedback or other content through the Services – via a “Contact Us,” feature/content request, feedback form, or similar mechanism. (Any such submission is referred to as your “Feedback.”) Any Feedback you elect to submit will be treated as non-confidential and non-proprietary and will not be returned. By choosing to submit Feedback, you grant to us an irrevocable, worldwide right and permission to use and exploit in any manner your Feedback for any purposes whatsoever, including, without limitation, improving, developing, or marketing products and services, without any attribution, payment or other compensation of any kind to you.
Notwithstanding the foregoing, Voice Recordings as defined in our Privacy Policy are not considered “Feedback” for purposes of these terms and are subject to the restrictions detailed in our Privacy Policy. For any Voice Recordings, you grant to us a limited, sub-licensable license to reproduce, transmit, distribute, perform, adapt, translate, host, and otherwise use such Voice Recordings for the purposes of permitting you to use the Services and as otherwise described in our Privacy Policy.
(a) Paid Accounts: Automatic Renewal; Consent to Recurring Charges.
We offer Paid Accounts (as described in our Privacy Policy), which provide users with expanded access to our lesson offerings. Paid Accounts are offered on a subscription basis and renew automatically each billing period until canceled (“Subscription Service”). If you choose to subscribe to our Subscription Service, your subscription will automatically renew at the conclusion of the initial subscription period for additional periods of the same duration (or another duration, as disclosed to you at the time you enrolled in the subscription) at the then-current fee for such Subscription Service (plus tax, if applicable) unless you cancel your subscription.
(b) Fees; Payment Terms.
When you enroll in our Subscription Service, your billing relationship will be directly with (and subject to the policies of) the third-party app store (e.g., Apple) through which you acquired our App and purchased our Subscription Service (any an “App Store”) and your subscription fees will be billed as an in-app purchase or otherwise charged to your account with the third-party App Store.
You are responsible for payment of the applicable fees for any Subscription Service in which you enroll and, should your payment fail, agree that we may either terminate your subscription or suspend your access to subscription features until payment is received. Fees (plus tax, if applicable) will be charged at the time you enroll in the Subscription Service (or at the conclusion of your free trial (if any), as described below) and, for any renewal period, at the time of renewal. You may be able to choose different subscription periods and/or different payment plans depending on the Subscription Service in which you enroll.
(c) Cancellation.
(i) By You.
You may cancel your subscription at any time. Because your billing relationship for our Subscription Service will be with the applicable App Store, you must cancel by disabling automatic renewal of your subscription using the procedures established by the App Store. To avoid future charges, you must disable automatic renewal by the deadline established by the applicable App Store. For information on canceling a subscription purchased through Apple’s App Store, please visit: https://support.apple.com/en-us/HT202039. For information on canceling a subscription purchased through Google Play, please visit: https://support.google.com/googleplay/answer/7018481?
When you cancel renewal of your subscription, you may continue to use the Subscription Service until the end of the then-current subscription period for which you’ve previously paid, after which your subscription will expire and your access to the Subscription Service will be terminated.
(ii) By Us.
We may discontinue any Subscription Service (or any features or part thereof) at any time for any or no reason, with or without notice to you. Our sole obligation to you in the event we terminate a Subscription Service entirely will be a pro rata refund for the remainder of your then-current, fully paid-up subscription period (if any). The Company Parties (defined below) will not otherwise be liable to you should we exercise such rights, even if your use of or access to the Subscription Service is adversely affected by such modification.
If you fail to pay subscription fees when due, if you have materially breached any provision of these Terms, or if Company is required (in its sole judgment) to do so by law (e.g., where the provision of the Subscription Service is deemed, or becomes, unlawful), Company reserves the right to – immediately and without notice – block access to, suspend, or cancel any Subscription Service. You agree that all cancellations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any suspension or cancellation of your account.
(d) Introductory Offers and Promotional Access.
(i) Introductory Pricing & Free Trials. From time to time, we may offer (in our sole discretion) some or all new or eligible returning subscribers the opportunity to receive introductory pricing for or a free trial of our Subscription Service. For an introductory-price offer, you will be eligible to purchase the Subscription Service at a discounted price for a specified period, after which your subscription will automatically renew at the full price, unless canceled beforehand. For any free trial (should we offer one), you will be eligible to use the Subscription Service without charge for a designated period, after which the subscription will renew at full price, unless canceled beforehand. (For clarity, a “free trial” of our Subscription Service as described here is distinct from the free, limited-use “Trial Version” of our App that we may make available for use by non-subscribers.) You will be required to provide payment information prior to beginning any introductory offer. The terms of the applicable offer will be disclosed to you at the time of the offer is made.
Introductory pricing or free trials may not be combined with any other offer and are available to new or eligible returning subscribers only. If you or another member of your household has previously been a subscriber of the Subscription Service, you are not eligible to receive an introductory-price offer or free trial, except as otherwise expressly permitted by us in our sole discretion. We reserve the right, in our sole discretion, to determine your eligibility for an introductory-price offer or free trial.
At the conclusion of an introductory-pricing period or free trial, your subscription will automatically renew at the full fee for such Subscription Service as described above (plus tax, if applicable). To avoid being charged (or, for an introductory-pricing offer, to avoid additional charges at an increased price), you must cancel before the end of your introductory period or trial.
(ii) Promotional Access Periods. We may, from time to time, offer a promotional period during which non-subscribers may access a Subscription Service. At the end of any such promotional period, your access to that Subscription Service will expire and you will need to subscribe and pay the applicable subscription fee to continue using that Subscription Service.
(e) Refunds and Credits
Except in the event that we discontinue a Subscription Service entirely as set forth in subsection (c)(ii) above or as otherwise required by the terms of our developer relationship with the applicable App Store, we do not provide refunds or credits for any unused portions of the Subscription Services. If you cancel your subscription, you will retain access to the Subscription Service for the remainder of the billing period for which you have paid, but will not receive a refund. Any refunds, if issued (in our sole discretion), will be issued to the payment method used to pay for the Subscription Service.
(f) Changes by Company
We reserve the right to change the price of any Subscription Service at any time in our sole discretion. If a price change is applied to existing subscribers, we will notify you of any impending price change in advance. If you do not agree to the price change, you may terminate your subscription prior to that change taking effect.
We may introduce, change, or remove features, services, content, or materials to/from the Subscription Services at any time in our sole discretion. New or additional features, services, or materials may be a part of, or may be priced separately from, existing levels of subscription at our sole discretion.
(g) Registration Information; Subscription Not Transferrable
The Subscription Service may require registration or otherwise ask you to provide information to participate. When you provide such information, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
You agree you will not sell, transfer, rent, share, or assign your account for the Services and agree to restrict access to your login credentials and device used to access the Subscription Service so that others (outside of children within your immediate family) may not use the Subscription Service through your account. If we determine or reasonably suspect you have violated this provision, we reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice to you or liability.
There may be links from the Services, or in communications you receive from Company, to third-party websites or online features. Your correspondence and business dealings with others found on or through the Services are solely between you and the applicable third party. Neither Company nor its service providers are responsible for the practices of any third party.
To the maximum extent permitted by applicable law, the Services (including, without limitation, all Materials available through the Services) are provided on an "as-is", "as-available" and "with all faults" basis. To the maximum extent permitted by applicable law, Company, its parents, subsidiaries, and affiliates, any of their successors or assigns and each of their respective employees, officers, directors, members, agents, and vendors (collectively, the "Company Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the Services or Materials; (b) the functions made accessible on or through the Services; or (c) security associated with the transmission of information via the Services. In addition, to the maximum extent permitted by applicable law, the Company Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus with regard to the Services.
The Company Parties do not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the servers that make the Services available are free from any harmful components, including, without limitation, viruses. The Company Parties do not make any representations or warranties that the information on the Services is accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk.
The Company Parties do not warrant that your use of the Services is lawful in any particular jurisdiction, and the Company Parties specifically disclaim such warranties. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
If you are using the App on Apple’s iOS platform, then the following additional provisions apply to you:
In the event of any failure of the App to conform to any warranty not effectively disclaimed in these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; and, to the maximum extent permitted by applicable law, Apple and the Company Parties will have no other warranty obligations whatsoever with respect to the App or Services. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty not effectively disclaimed in these Terms will be Company’s sole responsibility. Notwithstanding the foregoing, you and Company acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the App or Services.
Subject to these Terms, but notwithstanding anything to the contrary contained herein, you and Company acknowledge that - as between Apple and Company - Company is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection or similar legislation.
Under no circumstances will the Company Parties be liable to you for indirect, economic, special, punitive, incidental or consequential loss or damages related to: (a) the Services or the Materials; (b) your use of, inability to use, or the performance of the Services; (c) action taken in connection with an investigation by the Company Parties or law enforcement authorities regarding your use of the Services; (d) any errors or omissions in the Services' technical operation; or (d) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction – even if foreseeable and even if the Company Parties have been advised of or should have known of the possibility of such damages. Further, the aggregate liability of the Company Parties arising under or with respect to these Terms or your use of the Services will in no event exceed the greater of the total cost paid by you to access and use the Subscription Service or ten US dollars ($10). The prior limitation on damages is not intended to limit the Company Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Company Parties’ liability for personal injury or property damage caused by Company Parties, or for the Company Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
You agree that, in the event you incur any damages, losses, or injuries that arise out of a Company Party's acts or omissions, the damages (if any) caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Services (including any Materials) or any other application, property, product, service, or other content owned or controlled by the Company Parties, and you will have no right to enjoin or restrain the development, production, distribution, advertising, or exploitation of the Services (including any Materials) or any such other application, property, product, service, or content – provided that nothing in these Terms will restrict a California resident’s right under applicable law (if any) to seek public-injunctive relief in accordance with the dispute-resolution procedures set out below.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory. Section 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the Company Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or relate to: (a) your use of the Services or activities in connection with the Services; (b) your breach or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authority, including, without limitation, all regulatory, administrative and legislative authorities; or (d) the Company Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Company. You will cooperate as fully required by the Company Parties in the defense of any claim. The Company Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the applicable Company Party.
Company reserves the right to terminate your access to and use of the Services in its sole discretion, without notice or liability, including, without limitation, if Company believes your conduct fails to conform with these Terms or any Additional Terms. Company also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities where appropriate. Upon termination of your access to the Services, or upon demand from Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
Company also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any Materials, information, or content available on the Services, including, without limitation, the cessation of all activities associated with the Services.
The information provided on the Services 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 Company to any registration requirement within such jurisdiction or country. Company controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Services (and/or the provision of any content, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
The App and other Services may be subject to United States export controls. Thus, no software from this Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or who is otherwise subject to applicable U.S. export restrictions. By downloading the App or otherwise accessing the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, on any such list, or subject to any such restriction.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data.
YOU AGREE THAT THESE TERMS AND YOUR USE OF THE SERVICES ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ANY CONFLICTS OF LAW PRINCIPLE THAT WOULD RESULT IN THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
BOTH YOU AND THE COMPANY PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND THE COMPANY PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING (OTHER THAN WITH REGARD TO A BATCH ARBITRATION AS DESCRIBED BELOW).
Except for disputes relating to the infringement of your or a Company Party’s intellectual property (such as trademarks, trade dress, copyright and patents) or where a Company Party is seeking injunctive relief (the “Excluded Disputes”), you and the Company Parties each agree to finally settle all disputes only through individual arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to these Terms or your use of the Services will be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within thirty (30) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. If an in-person hearing is required, then it will take place in New York City, NY, Chicago, IL, Los Angeles, CA, Atlanta, GA, Seattle, WA, or Dallas, TX (whichever is closest to your residence) or – if required by the JAMS rules (or the rules of any alternate arbitration service used by the parties) – in or near your county of residence. The federal or state law that applies to these Terms will also apply during the arbitration.
Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations (except for Batch Arbitration, as described immediately below); provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Kings County or New York County, New York. Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the arbitrator/administrative fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you (but specifically excluding any of your travel or other costs to attend the arbitration hearing and your attorneys’ fees). Either party may, notwithstanding this provision, bring qualifying claims in small-claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Services or any other property of a Company Party (provided that nothing in these Terms will restrain a California resident’s right (if any) under applicable law to seek public-injunctive relief in accordance with this dispute-resolution provision).
You and Company agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against one or more Company Parties within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Company agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
If you access or use the App on Apple’s iOS Platform, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of the Terms. If you are accessing the App on Apple’s iOS Platform, you agree that if the App or your possession and use of the App infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You agree that you will be responsible for obtaining and maintaining all computer hardware and other equipment needed to access and use the Services. The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Company's rights with respect to such breach or any subsequent breaches. No waiver by Company of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Company may assign its rights and duties under these Terms to any party at any time without any notice to you. You may not assign these Terms without Company's prior written consent. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Section titles in these Terms are included only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Company by virtue of Company having drafted them. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties, Limitation of Liability; Waiver, and Disputes/Arbitration/Governing Law).
Company reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them so that they are accessible through Services, and that your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward.