Welcome to educatorsthriving.org, the website and online service of Educators Thriving LLC, a California limited liability company (“Educators Thriving,” “we,” or “us”). This page explains the terms by which you may use our services (both online and otherwise), website, content, and/or software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. Educators Thriving reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

 

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

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1 | Our Service

 

Educators Thriving seeks to strengthen school communities with a holistic approach that equips educators and evolves the systems that support them. We offer research-based personal development programs, evaluation, and consultation. Through our personal development program, educators learn strategies empirically proven to increase resilience and well-being. Our systems-of-support team uses our own research-based and educator-generated survey tool in an effort to measure, prioritize, and improve well-being across a school or system. An organization you are affiliated with (an “Organization”) may have partnered with us to help you access the Service.

 

1.1 | Eligibility

 

This is a contract between you and Educators Thriving. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Educators Thriving, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Educators Thriving.

 

If your Organization has facilitated your access to this Service, your Organization is not a party to this Agreement. For you to create an account on the Service (each a “User Account”), your Organization must have entered into an agreement or arrangement with us (an “Organization Agreement”). You understand that your ability to use the Service as a part of our relationship with your Organization is contingent on the Organization Agreement remaining effective and that, if at any time the Organization Agreement becomes ineffective (e.g., it expires or is terminated), you may no longer use the Service as part of our relationship with your Organization, at Educators Thriving’s discretion.

 

1.2 | Limited License

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Educators Thriving reserves all rights not expressly granted herein in the Service and the Educators Thriving Content (as defined below). Educators Thriving may terminate this license at any time for any reason or no reason.

 

1.3 | User Accounts

 

Your User Account gives you access to the services and functionality that we may establish and maintain from time to time. We may maintain different types of User Accounts for different types of Users.

 

You may never use another User’s User Account without permission or allow anyone else to use your User Account. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords with your User Account. You must notify Educators Thriving immediately of any breach of security or unauthorized use of your User Account. Educators Thriving will not be liable for any losses caused by any unauthorized use of your User Account.

 

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Educators Thriving your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out from receiving such messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

1.4 | Changes to the Service

 

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

1.5 | Disputes with Other Users

 

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Educators Thriving shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

1.6 | Service Location

 

The Service is controlled and operated from facilities in the United States. Educators Thriving makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

 

1.7 | Use Restrictions

 

You agree to comply with the Participant Policies and Expectations provided to you by Educators Thriving, if any. 

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2 | User Content

 

Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, answers/responses to surveys or assignments, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).

 

We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Educators Thriving has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

 

Additionally, as part of the Service, your completion of assignments may include your providing certain vulnerable and/or sensitive information. These assignments may be accessible to other Users. On these assignments, you can decide to share as much or as little as you want. By enrolling in the Service, you are consenting to share this information, which constitutes User Content.

 

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Educators Thriving a non-exclusive, worldwide, perpetual license to access, use, modify, upload, store, copy, publish, distribute, publicly display all such User Content solely in connection with providing and improving the Service or as otherwise described in this Agreement. 

 

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any other User’s User Content or any Intellectual Property Rights therein, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any other User’s User Content. Use of another User’s User Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

In connection with your User Content, you affirm, represent and warrant the following:

 

• You own all right, title and interest in and to your User Content, including all copyrights and rights of publicity contained therein.

 

• You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

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• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

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• Your User Content and Educators Thriving’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

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• Educators Thriving may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

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• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

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Educators Thriving takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Educators Thriving shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

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3 | Our Proprietary Rights

 

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Educators Thriving Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Educators Thriving and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Educators Thriving Content. Use of the Educators Thriving Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Educators Thriving under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Educators Thriving does not waive any rights to use similar or related ideas previously known to Educators Thriving, or developed by its employees, or obtained from sources other than you.

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4 | Paid Services

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4.1 | Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms communicated to you by Educators Thriving, as we may update them from time to time and which may depend on our relationship with your Organization. Educators Thriving may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

 

4.2 | No Refunds. You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Educators Thriving suspends or terminates your User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Educators Thriving Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.

 

4.3 | Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

4.4 | California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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5 | No Professional Advice

 

Educators Thriving is not a health care provider, nor should our Services be considered medical advice. Educators Thriving makes no claims, representations or guarantees that the Services provide a therapeutic benefit. The information provided by the Service is for informational purposes only and should not be construed as, or be a substitute for, professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

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6 | Text Messaging

 

By using the Service and providing us with any of your telephone numbers, you are consenting to be contacted by us or our affiliates or partners by telephone (including on a recorded line), text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Educators Thriving its affiliates or partners. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Educators Thriving or its affiliates or partners, as applicable, directly. 

 

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. 

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7 | Privacy

 

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, located at https://www.educatorsthriving.org/privacy-policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

 

As part of your involvement in the Service, you may be placed into groups with other Users. Identifying information, including your full name, email address, and school district may be shared with other Users. By enrolling in the Service, you are consenting to share this information with other Users. 

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8 | Security

 

Educators Thriving cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

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9 | DMCA Notice

 

Since we respect artist and content owner rights, it is Educators Thriving’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

 

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Educators Thriving’s copyright agent as detailed below. For your complaint to be valid under the DMCA, you must provide the following information in writing:

 

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner or owner of the other intellectual property right that is allegedly infringed;

2. Identification of the copyrighted work or other intellectual property right that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;

3. Identification of the material that is claimed to be infringing and where it is located on the Service with enough detail that we may find it on the Service;

4. Information reasonably sufficient to permit Educators Thriving to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright or other intellectual property right owner or are authorized to act on behalf of the owner.

 

The above information must be submitted to the following DMCA Agent:

 

Attn:    DMCA Notice

Address:  Educators Thriving

4719 Quail Lakes Dr., Suite G #3036

Stockton, CA 95207

Tel.:  (209) 268-2076‬

Email: hello@educatorsthriving.org

 

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. 

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the DMCA Agent:

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1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and

4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in Contra Costa County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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If a counter-notice is received by the DMCA Agent, Educators Thriving will send a copy of the counter-notice to the original complaining party informing them that Educators Thriving may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Educators Thriving or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

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Please note that this procedure is exclusively for notifying Educators Thriving and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Educators Thriving’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

In accordance with the DMCA and other applicable law, Educators Thriving has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Educators Thriving may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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10 | Third-Party Links and Information

 

The Service may contain links to third-party materials that are not owned or controlled by Educators Thriving. Educators Thriving does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Educators Thriving’s Privacy Policy do not apply to your use of such sites. You expressly relieve Educators Thriving from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Educators Thriving shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

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11 | Indemnity

 

You agree to defend, indemnify and hold harmless Educators Thriving and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

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12 | No Warranty

 

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. No advice or information, whether oral or written, obtained by you from Educators Thriving or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Educators Thriving, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

 

Further, Educators Thriving does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Educators Thriving will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

 

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13 | Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall Educators Thriving, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Educators Thriving be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

 

To the maximum extent permitted by applicable law, Educators Thriving assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Educators Thriving, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Educators Thriving hereunder or $100.00, whichever is greater.

 

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Educators Thriving has been advised of the possibility of such damage.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

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14 | Arbitration, Class Waiver, Jury Trial Waiver, Governing Law and Venue

 

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EDUCATORS THRIVING TO ARBITRATE YOUR DISPUTES AND LIMITS THE AVAILABILITY OF A JURY TRIAL.

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14.1 | Arbitration.

 

Both you and Educators Thriving agree to resolve by binding arbitration any claim, dispute, or controversy (whether based in contract, tort, statute, or any other legal theory) arising out of or in connection with or relating to (i) the Services, your use of the Services, or the information that you provide us in connection with your use of the Services, or (ii) this Agreement, including without limitation, the validity, interpretation, enforcement, or application of this Agreement and/or this Section (collectively, “Claims”). Both you and Educators Thriving further agree that the arbitrator will also have the exclusive authority to determine all additional threshold arbitrability issues, including without limitation issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

 

14.2 | Class Action Waiver.

 

YOU AND EDUCATORS THRIVING AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN ANY REPRESENTATIVE CAPACITY, INCLUDING A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION  OR ANY OTHER REPRESENTATIVE PROCEEDING WHATSOEVER.

 

FURTHER, UNLESS BOTH YOU AND EDUCATORS THRIVING AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIMANT'S INDIVIDUAL CLAIM, EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. ANY DETERMINATION ABOUT THE VALIDITY, INTERPRETATION, ENFORCEMENT, AND/OR APPLICATION OF THIS CLASS ACTION WAIVER PARAGRAPH IS DELEGATED TO THE ARBITRATOR.

 

14.3 | Jury Trial Waiver.

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YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EDUCATORS THRIVING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

14.4 | Arbitration Procedure.

 

A party who intends to seek arbitration must first send a written notice of the Claim to the other party by certified mail or Federal Express, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). Our address for notice is Educators Thriving, 4719 Quail Lakes Dr., Suite G #3036, Stockton, CA 95207. You and Educators Thriving agree to use good faith efforts to resolve the Claim, but if the parties do not resolve the Claim within 30 days of the Notice, then either party may commence arbitration. Any arbitration between you and us will be governed by the American Arbitration Association (“AAA“) Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Unless you and Educators Thriving otherwise agree, the arbitration will be conducted in the county where you reside. If your claim is for less than $10,000, we will reimburse your filing fee, unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, in which case the payment of all fees will be determined in accordance with the AAA Rules. If your claim is for greater than $10,000, the payment of all fees will be determined in accordance with the AAA Rules.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

14.5 | Exceptions.

 

Notwithstanding anything else in this Agreement to the contrary, you and Educators Thriving both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, provided that is the sole form of relief sought, or (iv) to file suit in a court of law to address intellectual property infringement claims.

 

14.6 | Governing Law; Venue.

 

The parties agree that this Agreement evidences a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and AAA Rules will govern interpretation and enforcement of this Section where applicable.  All other claims, disputes, or controversies will be resolved under the laws of the State of California, without respect to its conflict of laws principles. For any claims, disputes or controversies that are not subject to mandatory arbitration under this Section, you and Educators Thriving agree that (i) the federal and state courts located in Contra Costa County, California will be the sole and exclusive forum for resolution of the claim, dispute or controversy, and you and Educators Thriving irrevocably submit to the jurisdiction of federal and state courts located in Contra Costa County, California, and (ii) litigation of any claim, dispute, or controversy proceeding in court will be stayed pending the outcome of any related individual Claim in arbitration.

 

14.7 | Severability; Survival.

 

If any clause or provision set forth in this Section is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable will be severable without affecting the enforceability of all remaining clauses or provisions. This Section will survive any termination or expiration of this Agreement.

 

14.8 | Changes and Opt-Out.

 

You may opt out of the applicability of this Section by providing us with a written opt-out notice within 30 days of the “Last Modified” date above.  This written notice must be provided by mail to Educators Thriving, 4719 Quail Lakes Dr., Suite G #3036, Stockton, CA 95207.  In order to be effective, this notice must include your full name and clearly indicate your intent to reject the changes to this Agreement.

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15 | General

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15.1 | Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Educators Thriving without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

15.2  | Notification Procedures and Changes to the Agreement.

 

Educators Thriving may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Educators Thriving in our sole discretion. Educators Thriving reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Educators Thriving is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Educators Thriving may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

 

15.3 | Entire Agreement/Severability.

 

This Agreement, together with any amendments and any additional agreements you may enter into with Educators Thriving in connection with the Service, shall constitute the entire agreement between you and Educators Thriving concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

 

15.4 | No Waiver.

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No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Educators Thriving’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

15.5 | Contact.

 

Please contact us at hello@educatorsthriving.org with any questions regarding this Agreement.

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