Welcome to Citizen Schools' US2020 STEM Volunteer Platform! The US2020 STEM Volunteer website and services are provided by Citizen Schools ("Citizen Schools"). These terms of service ("Terms of Service") govern your ("Your" or "You") access to and use of the services and features available on Citizen Schools' website located at / and all related sub-domains (the "Website") and all tools and services made available through the Website or any related downloadable applications that Citizen Schools makes available to You (collectively, the "Services," together with the Website, the "Platform"), which enable connections and coordination among entities with the need for assistance of STEM volunteers ("Listing Creators"), volunteer liaisons authorized by those Listing Creators who accept that role ("Volunteer Liaisons"), and science, technology, engineering and math ("STEM") Mentors ("Mentors"). The Platform may be co-branded with a third party. Access to the Website, use of Services, and referrals to Projects or Mentors are subject to these Terms of Service and the Citizen Schools Privacy Policy at /privacy_policy (the "Privacy Policy").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND CITIZEN SCHOOLS. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND CITIZEN SCHOOLS ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 19 "AGREEMENT TO ARBITRATE").
Citizen Schools is a matching service to enable connections between Listing Creators seeking STEM Mentors to provide STEM mentoring to disadvantaged youth to Mentors with a STEM background, all on a volunteer, charitable basis. Listing Creators, Volunteer Liaisons and Mentors are not compensated for their efforts in connection with the mentoring arranged through our Services. Listing Creators, Volunteer Liaisons and Mentors together are collectively referred to as "Users" and each individually as a "User." You are agreeing to these Terms of Service as either a Listing Creator, Volunteer Liaison or a Mentor and, in each case, as a User.
Each Listing Creator may post volunteer opportunities (each, a "Project") on our Website. Prospective Mentors may review available Projects and connect with Listing Creators for Projects of interest to such Mentors. Listing Creators may appoint or enable Volunteer Liaisons through the Website, subject to the Volunteer Liaison's express acceptance of such appointment for the applicable Project. Volunteer Liaisons may assist the Listing Creator in coordinating the Mentor's assistance with a Project. Listing Creators may be permitted to contact registered Mentors with relevant expertise who meet other criteria applicable to the relevant Project. Our Services may enable Users to rate Listing Creators and/or Mentors, as may be further specified on our Website from time to time. Listing Creators, Volunteer Liaisons and Mentors each have the sole discretion regarding whether to work together in connection with a Project.
Citizen Schools is a marketplace for Listing Creators and Mentors to connect. Citizen Schools does not employ or retain Mentors and Citizen Schools does not provide any services to Listing Creators other than the marketplace Services set forth herein. The Listing Creator is the party that contracts with the Mentor to complete a Project, which may be scheduled through the Website. The Volunteer Liaison is authorized by the Listing Creator and works directly with the Mentor. Citizen Schools provides a platform for making introductions and placement for Projects between Listing Creators and Mentors, and enables Volunteer Liaisons to act on behalf of the Listing Creator on applicable Projects. Citizen Schools has no liability to any User with regard to the quality of the Mentors, the acts or omissions of any Volunteer Liaison, or whether any Listing Creator offers suitable Projects for any Mentor.
These Terms of Service are effective as of June 16, 2014 ("Effective Date"). Your use of the Website after the Effective Date confirms Your unconditional agreement to the Terms of Service and Citizen Schools' Privacy Policy regarding the Services provided by Citizen Schools and use of the Website. Citizen Schools reserves the right to update or modify these Terms of Service at any time by providing notice on the Website, and Your use of this Website following any such change constitutes Your agreement to the revised Terms of Service from and after that date. A Listing Creator and a Mentor are responsible for separately agreeing to the terms of the Project to be provided by a Mentor.
Citizen Schools maintains the Website as a service to its visitors, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Website and for paying any fees for the equipment and services You select. Citizen Schools may alter, suspend or discontinue this Website or the Services provided herein, in whole or in part, at any time and for any reason, without providing notice to You. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons including, without limitation, poor cellular network coverage or cellular network failure. Citizen Schools may provide access to third party services and products, or to Citizen Schools' products or services, from time to time, through the Website. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You.
You may use this Website as a member of the general public that is not a Listing Creator, Volunteer Liaison or a Mentor without volunteering personally identifiable information. If You are a Listing Creator or a Mentor, You are required to release personally identifiable information in order to register with Citizen Schools and to contract with other Users for Projects. The information that You must disclose in order to register may include, without limitation, Your name and address, e-mail address, telephone number, geographical location, and such other information as determined by Citizen Schools from time to time such as information necessary to enable a Listing Creator to conduct a background check ("User Information"), which will be stored under Your account on our Website. If You are registering as a Mentor, Citizen Schools will also ask You to provide various credentials evidencing your expertise in STEM. If You are registering as a Listing Creator or Volunteer Liaison, Citizen Schools will ask You to provide Your User Information, along with information about Your needs for Projects, a description of the organization and other factors regarding the Listing Creator, and other information as determined by Citizen Schools from time to time to help Mentors understand the Projects You may request through Citizen Schools. By accepting these Terms of Service, You agree and acknowledge that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You. You further agree and acknowledge that Your submission of personally identifiable information to the Website is voluntary and entirely at Your own risk. Please refer to Citizen Schools' Privacy Policy for additional information on Citizen Schools' practices for handling personally identifiable information.
Login credentials will be provided by Citizen Schools ("Login Credentials") based on the type of access applicable to Your use of the Website (namely, whether You are utilizing our Services as a Listing Creator, Volunteer Liaison or a Mentor). If You are the first User from a Listing Creator, Citizen Schools will provide You with Login Credentials for an administrator (an "Administrator"), and the Administrator may authorize Volunteer Liaisons and allow other Users from the same Listing Creator to create sub-accounts with additional Login Credentials representing that Listing Creator. In the event that another individual has signed up to be an Administrator for Your Listing Creator erroneously or that You have any issue with the then-current Administrator account or Login Credentials, please contact Citizen Schools at [email protected]/.
You agree that You are solely responsible for protecting Your Login Credentials from unauthorized use, maintaining the confidentiality of Your account and password, and You agree to accept responsibility for all activities that occur under Your Login Credentials. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action may be taken. You may not (i) create more than one account to access the Website, (ii) share Your Login Credentials with any third party, or (iii) transfer Your account to any third party.
Citizen Schools is not responsible for any loss or damage caused by, or expense incurred by, You as a result of Your failure to safeguard Your Login Credentials. You agree that You shall not rent, resell, or remarket the Services or provide access to the Website to any third party. Citizen Schools reserves the right to delist any Project from the Website, at any time and in Citizen Schools' sole discretion. Citizen Schools may terminate Your account at any time at Citizen Schools' sole discretion and with no liability to You. For example, but without limitation, Citizen Schools may terminate Your account if You violate these Terms of Service or Citizen Schools' policies, or otherwise harm Citizen Schools' interests. You may not be entitled to create a new account to access the Website if Citizen Schools has terminated Your prior Login Credentials. Citizen Schools may also prohibit certain Users from re-registering with the Website, at Citizen Schools' sole discretion.
You hereby represent and warrant to Citizen Schools that (i) any User Information or other information relating to soliciting, offering, providing, or completing Projects, as submitted to Citizen Schools or the Website, including without limitation User Information, is true and correct and (ii) You have the right to provide any and all of the User Information or other information listed in Your Profile and to provide access to information acquired through Your Background Check (as defined below) (collectively, "Your Information") for the purposes of these Terms of Service. You hereby grant to Citizen Schools a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use Your Information for any purpose, subject in all respects to Citizen Schools' Privacy Policy. If You object to Your Information being used in a manner permitted by these Terms of Service or the Privacy Policy, please do not use the Website or our Services. Upon termination of Your Login Credentials for any reason, You may no longer have access to any of Your Information that You provided to the Website.
If You are a Mentor, Citizen Schools, or the Listing Creator with whom you interact through the Website, has the right, but not the obligation, to verify whether the information displayed in Your account is accurate. If You are a Mentor, You hereby grant to Citizen Schools the right to conduct background checks on behalf of any Listing Creators with which you may obtain Projects through Citizen Schools to confirm the accuracy of any User Information that is available on Your Platform account (collectively, "Background Checks"). MENTOR HEREBY GRANTS TO CITIZEN SCHOOLS AND THE APPLICABLE LISTING CREATOR THE RIGHT TO CONDUCT A CREDIT CHECK AND A CRIMINAL BACKGROUND CHECK BY REGISTERING WITH THE WEBSITE. MENTOR AGREES AND ACKNOWLEDGES THAT CITIZEN SCHOOLS RESERVES THE RIGHT TO DISTRIBUTE RESULTING INFORMATION, AS SET FORTH IN THIS PARAGRAPH, TO INTERESTED LISTING CREATORS WHICH REQUEST INFORMATION ABOUT YOUR SUITABILITY FOR A PROJECT. For the avoidance of doubt, Citizen Schools is under no obligation to conduct Background Checks on Mentor, but Citizen Schools may conduct a Background Check when a Mentor first registers with Citizen Schools or from time to time thereafter as long as such Mentor maintains an account with Citizen Schools.
Citizen Schools' Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use its Services only in conjunction with and under the supervision of a parent or legal guardian. In such a case, the adult is the User and is responsible for any and all activities of the minor.
In the event that a Mentor does not perform a Project at all or does not perform a Project in its entirety and in either case has not provided sufficient advance notice of such non-performance or incomplete performance as agreed to by such Mentor and the affected Listing Creator or reasonable notice in the absence of such an agreement, the affected Listing Creator may notify Citizen Schools. Citizen Schools shall include information on such non-performance or incomplete performance of Projects in Ratings for Mentors. Citizen Schools reserves the right to terminate the account of any Mentor that does not perform Projects that such Mentor has agreed to perform without providing sufficient advance notice.
Citizen Schools does not currently charge for any of our Services, but we reserve the right to implement fees for some services in the future.
Citizen Schools IS NOT REQUIRED TO CONFIRM THAT ANY MENTOR ON Citizen SCHOOLS' WEBSITE IS A LEGITIMATE MENTOR WITH THE QUALIFICATIONS SPECIFIED BY SUCH MENTOR OR that ANY Listing Creator has a genuine need for the ProjectS SUCH LISTING CREATOR requests. Citizen Schools is NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING THE TRUSTWORTHINESS OF Mentors, VOLUNTEER LIAISONS or Listing Creators AND THE INFORMATION THEY PROVIDE VIA Citizen SCHOOLS' WEBSITE. When interacting with other Users you should exercise caution and common sense to protect your property AND sAFETY, just as you would when interacting with other persons whom you do not know. LISTING CREATORS SHALL BE RESPONSIBLE FOR THE ACTIVITIES OF THEIR VOLUNTEER LIAISONS. NONE OF CITIZEN SCHOOLS, Citizen SCHOOLS' AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF Citizen SCHOOLS' SERVICES. CITIZEN SCHOOLS, CITIZEN SCHOOLS' AFFILIATES AND CITIZEN SCHOOLS' LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
You agree and acknowledge that the Platform, including without limitation all of the content on this Website, including without limitation the images, graphics, information, text, Ratings, data, links, as well as the underlying software, network and systems that support this Platform and other material accessible through the Platform ("Content") is solely and exclusively owned by or under license to Citizen Schools and is protected by applicable trademark, copyright, or other rights. As such, You agree that You shall not (1) create or operate any platform, site or business that is based in whole or in part on this Website or the Services, (2) copy, reproduce, modify, create derivative works, publish, distribute, transmit, publicly display or post on any other website or to any third party any Content without the prior written consent of Citizen Schools on a case by case basis, or (3) reverse engineer, decompile, disassemble, modify, distribute, reproduce, republish or sell in any form or by any means, in whole or in part, any of the Content, (4) use a spider, web crawler or similar method to copy or extract Content. Subject to Your compliance with these Terms of Service, Citizen Schools hereby grants to You a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Platform and Content solely for Your charitable purposes as a Listing Creator or Volunteer Liaison or personal use as a Mentor.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Citizen Schools reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
Nothing contained within this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms of Service; or (b) with Citizen Schools' prior written permission or the permission of the third party that owns the trademark or copyright of the Content displayed on this Website.
Citizen Schools does not claim ownership of any Content submitted by Users. By submitting such Content, however, You hereby grant Citizen Schools a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display such Content, subject to the restrictions set forth in these Terms of Service or the Privacy Policy. This license shall remain in effect until Citizen Schools deletes the Content from Citizen Schools' systems.
If You believe that any Content on this Website infringes Your copyright, You may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
Citizen Schools' agent for copyright issues relating to this Website is:
Nate Madsen120 Broadway, Suite 220New York, NY 10271212-785-2828[email protected]
In an effort to protect the rights of copyright owners, Citizen Schools maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
Citizen Schools reserves the right to terminate and/or temporarily disable the accounts of Users who repeatedly infringe the intellectual property rights, including without limitation copyrights, of others.
You shall not disturb or interfere with the operation of the Website in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Website.
You are prohibited from manipulating, by any means, the price of any Services offered on the Website (including without limitation through the use of an alias or decoys or by placing false offers for the sale or purchase of Projects). Furthermore, You shall not disrupt or otherwise interfere in any way with another User's participation on the Website.
In connection with Your accessing the Website, Services, or Citizen Schools' online messaging service, Rating system, or any other Service provided through the Website, You shall abide by the following standards of conduct. You shall not, and will not authorize or facilitate any attempt by another person, to use the Website or any messaging service, Ratings system or other Service to:
User agrees and acknowledges that any transaction into which such User enters through the Services for the receipt or delivery of Project will create a volunteer/independent contractor relationship between such User, Citizen Schools and the other User(s) party to such agreement. User agrees that in any matter relating to Mentor's performance under these Terms of Service, including the Mentor's obligations with respect to Citizen Schools and any Listing Creators for whom the Mentor completes Projects or offers to complete Projects, the Mentor will be acting as a volunteer and independent contractor, and nothing in these Terms of Service will be construed as creating a partnership, joint venture, or employer-employee relationship, nor will Mentor be construed as Citizen Schools' or a Listing Creator's employee, agent, franchisee or servant. User also agrees that in any matter relating to Services among Listing Creator or Mentor and Citizen Schools, Citizen Schools will be acting as an independent contractor to Citizen Schools' Users and nothing in these Terms of Service will be construed as creating a partnership, joint venture, or employer-employee relationship, nor will Citizen Schools be construed as Listing Creator or Mentor's employee, agent, franchisee or servant.
Mentor will perform Projects according to a manner and means of Mentor's own choosing, or as agreed upon between Mentor and Listing Creator. Each Listing Creator shall maintain a valid insurance policy commensurate with industry and regulatory standards, to remain in effect during and through the time that such Party acts as an independent contractor with regard to other Users under these Terms of Service.
Citizen Schools disclaims any responsibility for determining whether a Mentor is an independent contractor or employee of Listing Creator, and in the event that such a dispute arises between Listing Creator and Mentor, Listing Creator and Mentor are responsible for determining the status of Mentor under applicable law or regulation.
b. If and to the extent that You use the Website as a Mentor:
If and to the extent You use the Website as a Listing Creator:
As a User of the Website, You agree and acknowledge that You may rate (on the Website) the performance of counterparties whom with You interact, and You understand that the counterparties may rate Your performance (collectively or individually, "Ratings") on the Website as well. Mentors may be rated on various parameters including without limitation the quality of the Project performed, timeliness and professionalism. Listing Creators and Volunteer Liaisons may be rated on various parameters including without limitation meeting commitments to Mentors.
Any Ratings that are provided by any person or entity are solely the evaluation or rating of such person or entity. Citizen Schools disclaims any responsibility for the accuracy or quality of any Ratings.
User acknowledges and agrees that Citizen Schools reserves the right, without prior notice and in its sole discretion, to decide whether the content of Ratings violate these Terms of Service for any reason. If Citizen Schools believes that Your Ratings contain inappropriate Content, Citizen Schools may remove the Content of such Ratings, in whole or in part, and/or terminate Your access to Citizen Schools' Services. Citizen Schools reserves the right to remove any Ratings, in whole or in part, from Citizen Schools' Website at any time and its Citizen Schools' sole discretion. If the content of such Ratings are found to be defamatory or legally actionable in a court of law, the User(s) responsible for posting such content will be held exclusively responsible, and Citizen Schools will bear no responsibility.
Citizen Schools is not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through its Website, such as through an online messaging system, or for Content that is privately displayed to registrants of the Website, such as Ratings of Listing Creators and Mentors. Citizen Schools does not prescreen information exchanged in online messaging systems or listed in Listing Creator, Volunteer Liaison and Mentor Ratings. With respect to such messaging systems and Ratings systems, Citizen Schools acts as a passive conduit for distribution and Citizen Schools is not responsible for the Content contained therein. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by Users of an online messaging system or Ratings system are those of the respective author(s) or distributor(s) and not of Citizen Schools. Citizen Schools neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content. Citizen Schools is not responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Website.
Citizen Schools has the right, but not the obligation, to monitor Content submitted to the Website to assess compliance with these Terms of Service and any other applicable rules that Citizen Schools may establish. Citizen Schools has the right in Citizen Schools' sole discretion to edit or remove any material submitted to or exchanged in any online messaging system or Ratings system provided through this Website. Without limiting the foregoing, Citizen Schools has the right to remove any material that Citizen Schools, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and You are solely responsible for the Content that You post to this Website.
You consent to receiving all documents, agreements and other communications (collectively, "Communications") from Citizen Schools electronically. Citizen Schools may make Communications available via its methods for contacting You on the Website or through an email address that You provide to Citizen Schools. Communications may include without limitation information on offers for Projects or acceptance of offers for Projects, updates to Citizen Schools' Terms of Service or Privacy Policy, statements related to Your account, federal and state tax statements, and other information that Citizen Schools may provide from time to time. To receive such Communications, You may need certain hardware and software, as specified by Citizen Schools from time to time. If You would like to receive a written copy of Communications, You acknowledge that there may be a delay in providing You with a copy, You must have provided Citizen Schools with an accurate physical address, and You agree to pay the reasonable fees assessed by Citizen Schools for delivering You such Communications to a physical address specified by You.
The Website is only a venue for connecting Users, and except to the extent, if any, that Citizen Schools serves as a communications platform between Users, connects potential Mentors and Listing Creators for the performance of Project, Citizen Schools does not take part in the interaction between Listing Creators, Volunteer Liaisons and Mentors. As a result of Citizen Schools' limited involvement in the actual contact between Listing Creator, Volunteer Liaison and Mentor, in the event that You have a dispute with one or more Users, You hereby release Citizen Schools, and Citizen Schools' directors, agents, investors, subsidiaries, and contractors from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Citizen Schools expressly disclaims any liability or claims that may arise between Users of its Website.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Citizen Schools disclaims all responsibility for any interactions, correspondences, transactions, and other dealings that You have with any third parties including without limitation Listing Creators, Volunteer Liaisons or Mentors found on or through the Website (including on or via linked websites or advertisements). Any such interactions, correspondences, transactions, and other dealings are solely between You and the third party (including without limitation issues related to the content of third party advertisements, payments, delivery of Project or Services). Under no circumstances will Citizen Schools be responsible for any loss or damage caused by Your reliance on information in any Content on this Website. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of Mentors, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
You acknowledge that the Website and ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" and are based in part on ProjectS, or offers for ProjectS, provided by LISTING CREATORS, AND INFORMATION ABOUT MENTORS, which are NOT OR MAY not BE verified by Citizen Schools, and that any Project ESTABLISHED through the use of the Website is at Your sole risk and discretion. Citizen Schools, Citizen SCHOOLS' suppliers and Citizen SCHOOLS' licensors are not liable or responsible for any result generated through the use of the Website. EXCEPT AS SET FORTH IN THIS SECTION 15, Citizen Schools PROVIDEs NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, none of CITIZEN SCHOOLS, its affiliates or licensors WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, none of CITIZEN SCHOOLS, ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR CONTENT OF ANY SERVICEs, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
None of Citizen Schools, Citizen Schools' affiliates or Citizen Schools' licensors is responsible for the conduct, whether online or offline, between Listing Creators and Mentors.
None of Citizen Schools, Citizen Schools' affiliates or Citizen Schools' licensors guarantee that any of Your personal information, including without limitation User Information provided by You, results on any Background Checks that Citizen Schools and its affiliates and licensors conduct on You, as well as Ratings submitted by other Users about Your performance, whether accurate or not, will not be misappropriated, intercepted, deleted, destroyed, or used by others.
By using this Website or our Services, You agree to indemnify, hold harmless and, at Citizen Schools' option, defend Citizen Schools and its directors and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of this Platform or from the performance or non-performance of any Projects by You or Your counterparty.
IN NO EVENT SHALL CITIZEN SCHOOLS BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CITIZEN SCHOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE AND ACKNOWLEDGE THAT CITIZEN SCHOOLS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR SERVICES REQUESTED OR RENDERED BETWEEN MENTOR AND LISTING CREATOR, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $1.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This Website may contain links to non-Citizen Schools websites that are provided to You as a convenience. Any outside website accessed from the Website is independent from Citizen Schools, and Citizen Schools has no control over the content of such websites. Citizen Schools is not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use of such links or dealings with the operators of such non-Citizen Schools websites.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Citizen Schools of that third party or of any product or service provided by a third party. Likewise, a link to a non-Citizen Schools website does not imply that Citizen Schools endorses or accepts any responsibility for the content or use of such website. Citizen Schools does not endorse, warrant or guarantee any product or service offered by any third party through an online messaging service or link accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.
Citizen Schools may terminate any User's access to the Platform, in Citizen Schools' sole discretion, for any reason and at any time, with or without prior notice. It is Citizen Schools' policy to terminate Users who violate these Terms of Service, as deemed appropriate in Citizen Schools' sole discretion, but Citizen Schools may also terminate access as provided for in the preceding sentence. Citizen Schools may terminate Your access to the Website if You do not use Your account for a lengthy period, as determined by Citizen Schools from time to time in its sole discretion. You agree that Citizen Schools is not liable to You or any third party for any termination of Your access to the Website.
You may terminate Your account at any time by deleting Your account. If You are a Listing Creator and You delete Your account while outstanding payments are due to one or more Mentors with whom You have transacted business, You agree and acknowledge that Citizen Schools reserves the right to make any payments due to such Mentor(s). If You are a Mentor that is owed money by a Listing Creator, Citizen Schools will make a good faith attempt to deliver any such amount to Your address on record in Your account page. Mentor acknowledges that the risk that a Listing Creator with the Mentor transacts business may default on payment obligations is borne by the Mentor voluntarily and entirely at the Mentor's own risk. Citizen Schools disclaims all responsibility related to such transactions.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.
Except if You opt-out or for disputes relating to Your or Citizen Schools' intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) as expressly provided in this Section 19; You agree that all disputes between You and Citizen Schools (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Services, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and You and Citizen Schools hereby expressly waive trial by jury. You and Citizen Schools shall appoint as sole arbitrator a person mutually agreed by You and Citizen Schools or, if You and Citizen Schools cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Citizen Schools shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Use or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.
Any claims brought by You or Citizen Schools must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither You nor Citizen Schools will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on Your own behalf.
You may opt out of this Agreement To Arbitrate. If You do so, neither You nor Citizen Schools can require the other to participate in an arbitration proceeding. To opt out, You must notify Citizen Schools in writing within 30 days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include Your name, address, phone number, Your Citizen Schools account to which the opt-out applies and a clear statement that You want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Citizen Schools, Inc. ATTN: Arbitration Opt-out, c/o Citizen Schools, 308 Congress Street, 5th Floor, Boston, MA 02210.
This Arbitration section will survive the termination of Your relationship with Citizen Schools.
Citizen Schools makes no representations that information on this Website is appropriate or available for use outside the United States. If You choose to access this Website from outside the United States, You do so on Your own initiative and at Your own risk and You agree and acknowledge that You are responsible for complying with all applicable United States laws as well as Your local laws and regulations. If You transact business through this Website with a party that is located outside the United States, You agree and acknowledge that You do so voluntarily, that You are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact Your transaction, and You understand that Citizen Schools disclaims all responsibility related to such transaction.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. Citizen Schools may, at Citizen Schools' sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to You.
Please address all legal notices to:
Kait Rogers[email protected]Citizen Schools308 Congress Street, 5th FloorBoston, MA 02210
If You have any questions about these Terms of Service, please contact us at [email protected]/. Copyright © 2014, Citizen Schools. All Rights Reserved.
