Terms of Service
READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
SUBSCRIBING TO OUR SERVICES, BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES OR APPLICATIONS IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT UNDERSTAND ANY PART HEREIN OR YOU DO NOT AGREE TO THESE TERMS, STOP IMMEDIATELY AND DO NOT ACCESS OR PROCEED TO VIEW ANY PORTION OF THIS WEBSITE AND ITS PAGES.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH TNSNEIGHBORHOOD.COM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
- Our rights : We reserve the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, our liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that we, in our sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.
- Your right Limited License To use our Service
Our websites including TNSneighborhood.com are protected by intellectual property laws including Trademark and Copyright law. We are granting you a limited, personal, non-exclusive, revocable and non-transferable license to use the Materials as follows (the “Permitted Purpose”): (i) if you are using the materials as an individual for home use, homeschooling, or caregiving, the Materials are licensed to you for your personal, noncommercial, use only; (ii) if you are using the Materials in your capacity as a teacher or on behalf of a school or other Organization, the Materials are licensed to you for use by you with your clients/students. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant, you have no rights in our Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website, Materials or Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes, we ask that you keep on those copies all of our copyright and other proprietary notices as they appear on the Materials or the applicable Service. You may only use such copies in connection with your use of the Services.
UNDER NO CIRCUMSTANCES MAY MATERIALS BE DISPLAYED ON OTHER WEBSITES OR IN PRINTED PUBLICATIONS OR SHARED WITH ANY INDIVIDUALS, TEACHERS, SCHOOLS CHURCHES OR ORGANIZATIONS NOT LICENSED TO USE THEM.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof). Your access to our website will be terminated and we will seek to enforce our rights protected by federal and state law.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
We hereby reserve all rights not expressly granted under this Agreement.
- Who may use our service:
While we do not directly offer our Service to minor children under 18, we do offer it to parents, caregivers, guardians or other adults 18 and over) who can accept our terms and (1) use our limited free service or (2) those who can purchase the Service with a credit card or other permitted payment method. Therefore, If you are a minor under eighteen (18) years of age, you will need a parent or guardian to set up an account for you.
If you are a Teacher with an account and you are using the Service with students under 18, you represent and warrant that you will not share your access to TNSneighborhood.com and you hold us harmless from any claim by any such minor student using any materials from our website. If you are a parent or guardian creating an account for your child or minor, you are responsible for their usage and hold us harmless from any claims regarding such usage. We only allow adults over 18 to create an account on our website. We do not collect information of any minor child under 18.
- Password restricted accounts, Payments, Auto renewal and Cancellation
In order to access certain password-restricted areas of the website, to use certain services, and access certain Materials, you must register an account with us.
Once you register, for so long as you use your registered account, you are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
Accounts may not be shared by more than one person or organization unless express authorization is given by us. If you are a parent or teacher signing up an account for your minor child / children / student, (subject to the terms herein) you are authorized. Please email Support@TNSneighborhood.com to request such authorization or if you have any questions.
- Fees. You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. You may choose to pay monthly or yearly at a reduced rate. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular Subscription and utilized services.
Our subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds – please refer to our refund policy. Non-renewal or cancellation of your paid subscription will cause your account to revert to a free account with limited access.
- Auto renewal
Unless you cancel prior to the expiration of your current Subscription period we will automatically renew your Subscription for an additional period, monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that you signed up for the paid Subscription. Our third-party vendor handling billing will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Yearly Subscriptions must be canceled at least 30 days prior to the anniversary date to avoid automatic renewal, while monthly subscriptions must be canceled at least 5 days prior to the monthly renewal date to avoid automatic renewal. All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
- Cancellation. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term. No refunds or prorations will be given – please refer to our refund policy. Such cancellations will be effective to terminate any automatic renewal.
TNSneighborhood.com permits early cancellations only in the following circumstances:
- In the event that the Service is permanently discontinued.
- com otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that TNSneighborhood.com’s efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.
- End of Subscription.When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account may no longer permit access to the Service. However, you will revert to a free account with limited access. When you subscribe to the Service, it will auto renew unless you give notice 30 days prior to your renewal date. The Service includes built-in capabilities to download and export information relating to the account.
- Price Changes.We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail). However, if you paid for a yearly membership, your fees will not increase until the next renewal period. Similarly if you paid monthly, your fees will take effect at the next billing cycle.
III. COMMUNICATIONS, EVENTS & CONTENT
- Electronic communications. By using any of our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Links to third-party sites. The Service may provide links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TNSneighborhood.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- User Submissions, Comments, or Reviews. You are solely responsible for any content that you create, transmit or display while using the Service. Any user content posted on our website or any of our private third-party websites shall be reviewed for appropriateness to determine if it is in keeping with our behavioral policy and code of conduct. We reserve the right to remove any content that does not follow our guidelines. Multiple violations may result in termination of your membership without refund.
The Service or TNSneighborhood.com may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, 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. We are not responsible for any use by any third party. You hereby grant to TNSneighborhood.com a non-exclusive license to use or display any of your content in perpetuity as provided hereafter. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to TNSneighborhood.com, you expressly grant, and you represent and warrant that you have all rights necessary to grant to TNSneighborhood.com a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and TNSneighborhood.com (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. This shall apply to any content that is recorded. You agree that this content may be posted to other websites or archived content on our website.
You must have the legal right to the User Content you submit to our website. You may not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may post only User Content that you have permission to post from the owner or by law
- LIVE Events. Periodically, Live events may be held via a third-party application such a Zoomâ, MS Teamâ. and facebookâ. During those events, You will be subject to our terms as well as the third-party application used to access LIVE events. You must be registered to attend and the registrations are limited. You may not videotape, record or photograph of any portion of any live event. You may not give access to any person not registered for a live event. All persons including parents, guardians, caregivers or individuals attending the live event with you must be disclosed on the registration. By registering for any event, you agree to be bound by our Behavioral rules and may be prevented from accessing TNSneighborhood.com or any affiliated website or any and all live events.
- Behavioral rules for LIVE or in person events.
- Only registered people may view or be viewed on LIVE events. If you are accompanying a user, you must register with the account owner.
- Wear comfortable appropriate clothing. Do not wear revealing clothing or clothing with explicit messages or images. If we announce a “Theme” you should still adhere to these rules.
- Treat others with respect: At all times you should treat attendees with respect, bullying and harassment will not be tolerated and you will be removed immediately. If such conduct happens again your membership may be terminated.
- Be on time. Our Live events are for a limited time so to get the most out of it, be on time.
- Don’t be distracting: Do not use inappropriate backgrounds, turn off your television an mute your cell phones.
- Take turns speaking and try to not interrupt others when they are speaking. Refrain from inappropriate language. Inappropriate language includes verbal and non-verbal communication.
- Inappropriate verbal communication includes derogatory references to race or gender, profanity, sexualizes words, derogatory and disrespectful language, threatening, and aggressive.
- Inappropriate non-verbal Communication includes facial expressions, hand gestures, or eyerolling.
- Unauthorized activities on our Site
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not intended to be exhaustive):
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual or member
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt the Services or servers or networks connected to any of the Services;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
V. INTELLECTUAL PROPERTY RIGHTS
- Proprietary rights
You acknowledge and agree that the Service and any necessary materials or software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TNSneighborhood.com you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any automated scraping, harvesting, indexing, mining, or any other extraction of any content from the Service is expressly prohibited.
The Service is protected by copyright and other laws in both the United States and elsewhere. Under the terms of this Agreement, it is expressly forbidden to distribute or reproduce the content of the Service or any portion thereof by any means, including but not limited to electronic and print.
TNSneighborhood.com reserves the right to cancel your account without refund if it is determined that you have violated this Agreement.
Schools Not Serviced
To be clear, at this time we do not license our website to schools but only to individuals, some of which may be teachers. Any individual who is a teacher is responsible for complying with any local, state or federal laws regarding student data, information on our website.
- Intellectual property infringement.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Content that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of our Services, please provide written notice to our agent for notice of claims of infringement with a copy also sent by email:
c/o Susan M. Hankins, Attorney
4989 Peachtree Parkway, Suite 217
Peachtree Corners, Ga. 30092
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.
- Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A sworn statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person, and
- Your physical or electronic signature.
- Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
- NO WARRANTY, LIMITATIONS OF LIABILITY & INDEMNITY
- NO WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE AND MATERIALS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY OR CONDITION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TNSNEIGHBORHOOD.COM, ITS AFFILIATES, CONTRACTORS, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In no event shall The Next Stop Foundation, Inc., or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners’ total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is greater.
To the extent permitted by applicable law, you agree to indemnify and hold TNSneighborhood.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service, including without limitation, User Content, (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (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. TNSneighborhood.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- Local laws; export control.
We control and operate the Services from our headquarters in the United States of America and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all states or territories.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution
- Dispute resolution and arbitration; class action waiver.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TNSneighborhood.com.
For any dispute with us, you agree to first contact us at support@TNSneighborhood.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Gwinnett Count, Georgia, unless you and we agree otherwise. If you are a School or are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing TNSneighborhood.com from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TNSNEIGHBORHOOD.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.
- Governing Law and Venue
You agree that: (i) the Service shall be deemed solely based in Georgia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Georgia. This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
You agree to submit to the personal jurisdiction of the federal and state courts located in Northern District of Georgia (federal) or Gwinnett County, Georgia (state) for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Gwinnett County, Georgia is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable. You agree that any arbitration shall be held in Atlanta, Georgia.
- Updates to our Terms of Service.
We may provide notifications, whether required or provided by law or otherwise, to you via e-mail notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion.
We may, in our sole discretion, modify or update this Agreement from time to time, which will be reflected in the `date last modified´ set forth below. If we change this Agreement in a material manner, we will update the `Effective Date´ at the top of this page and notify you that material changes have been made to this Agreement. Your continued use of the Services following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Service.
However, we shall not make any material change to the Terms that In the event that you have entered into a signed, written agreement without notice and opportunity to accept the changes before entering the website. This may be at your renewal or any time between your renewal period. You will not be permitted to continue using the Service and we reserve the right to cancel your account without notice if you refuse or otherwise fail to accept changes made by us to this Agreement.
- Entire Agreement. This Agreement, together with any amendments and any additional agreements you may enter into with us relating to the Service or materials, shall constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. This Agreement may only be superseded by a signed, notarized writing executed by an officer of The Next Stop Foundation, Inc. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. We might make versions of this Agreement or one or more of our Policies available in languages other than English. If we do, the English version of this Agreement and any such Policies will govern our relationship and the translations are provided for convenience only and will not be interpreted to modify the English version of this Agreement or such Policies.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Contacting Us and Notices:
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com or by writing to Policies Manager at the address below.
Legal Notices that are required or permitted to be sent to us, must be sent to the following mailing address by certified mail with a copy sent by e-mail.
The Next Stop Foundation, Inc.
c/o Susan M. Hankins, Attorney
4989 Peachtree Parkway, Suite 217
Peachtree Corners, Ga. 30092