Terms of Use

PLEASE SCROLL DOWN AND READ THE TERMS OF USE BELOW.

These Terms of Use (this “Agreement”) govern your use of all digital products and services from The Maintenance Academy (the “Academy”), a facility provided by Appwork Technologies, Inc. (“Sponsor”). The Academy is a platform through which users such as yourself can access the views of various authors and independent sources (collectively “Authors”), most of which have no affiliation with Sponsor. The content made available through the Academy (the “Content”) may include articles, hyperlinks to webpages, description of third party services, newsletters, databases and other modes of information. While the Academy and/or Sponsor may curate some of the Content, they do not plan to do so on any regular or systematic basis. Therefore, you should be as skeptical in consuming the Content as you would be when reading any other article in the media, in podcasts or elsewhere.
IMPORTANT NOTICE - BINDING ARBITRATION AND CLASS ACTION WAIVER: PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT AND IMPACT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING WAIVER OF RIGHTS AND LIMITS ON REMEDIES. BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 16.1 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN YOU AND US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER FORM OF REPRESENTATIVE ACTION.
If you do not agree to be bound by the terms of this Agreement, please do not access the Content. If you access or use the Content, with or without an active subscription or registration, you are hereby notified that your continued use of such Academy is subject to all applicable terms and conditions of this Agreement.

1. Effective Date of & Changes to This Agreement

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Academy website indicating that the terms have been “updated” or similar words). The updated terms also will appear in this document, which you can access at any time by going to the Agreement link at the footer of the Academy website. By using the Content after changes are made to this Agreement you signify that you agree to be bound by such changes.

2. Compliance

Both the Sponsor and the Academy are based in the United States, and the Content is provided from the United States. We make no representation or warranty that the Content or text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights available through the Academy is appropriate or available for use in other locations. You agree that you will comply with any and all laws applicable to your use of the Content.

3. Privacy and Your Account

The Sponsor may collect, use, share and protect your personal information to the extent permitted by applicable laws and regulations. Subject to such laws and regulations, your information may be stored and processed in the United States or any other country where Sponsor has facilities and/or in which we engage service providers, and by using the Content online, you consent to the transfer of information outside of your country. If your access to the Content has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a “Third Party Provider”), the Third Party Provider may have provided us with information about you (such as your email address or name) to enable us to provide you with access to the Content and distinguish you from other users.
If you access the Content using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your billing or delivery address or email address so we can continue to contact you and send any notices described hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

4. Fees and Payments

You must be 18 years of age or older to obtain access to the Academy. If you are younger than 18 years of age and desire such access, please ask your parent or guardian to complete the purchase on your behalf. Currently, the Academy is a free service, for which Sponsor does not charge any subscription or access fees. However, if in the future Sponsor decides to impose any subscription fees, access fees, or any other charges incurred in connection with your account for the Content (including any applicable taxes), then the provisions of the following paragraph shall apply.
If after at least thirty (30) days' notice thereof on the Academy website you access any Content you shall be deemed to have agreed to pay such fees or other charges at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, we will bill all charges automatically to your credit or debit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Content using your user name and password without your authorization, please immediately notify us by contacting the Sponsor. You are responsible for any fees or charges incurred to access the Content through an Internet access provider or other service not owned by us.

5. Term; Cancellation and Renewal

  1. 5.1 Term and Renewal.
    This Agreement shall remain in full force and effect while you use the Academy and certain provisions shall survive and remain in full force and effect for an indefinite period, as described in Section 5.4 below. Your subscription will renew automatically until it is cancelled in accordance with this Section 5. If at any time fees or other charges are required, then you must cancel your subscription before it renews in order to avoid billing your credit or debit card for them related to the renewal term. You will be notified of pending renewals or pricing increases as required by applicable law.
  2. 5.2 Cancellation Policy.
    We may limit or cancel your subscription at any time and for any reason upon notice to you. You may cancel your subscription notifying Sponsor of your desire to do so. If you have access to the Academy through a bundled subscription (or any other bundle that includes the Content as well as other Sponsor consumer products or services), you may cancel your subscription to such bundle, or any service included in such bundle, by contacting the Sponsor or by following the procedures, if any, set forth for cancellation on the Academy website.
  3. 5.3 Effect of Cancellation.
    If you cancel your subscription, your access to the Academy will terminate at the end of your then-current subscription term. If we cancel your subscription, your access to the Academy will terminate as of the cancellation date determined by us, which may be on or prior to the end of your then-current subscription term.
  4. 5.4 Survival of Certain Terms.
    Upon the cancellation, termination, or expiration of your subscription or any registration for any reason or the cessation of use of any Academy, the rights and obligations that expressly or by their nature contemplate performance after such cancellation, termination, expiration or cessation of use will continue to survive and shall continue in full force and effect even after you cease using or accessing any Academy, including, but not limited to Sections 1, 2, 3, 4, 5.1, 5.3, 5.4, and 6 through 21, as well as all amounts due and owing.

6. Subscription Policies

By subscribing to the Content, you are subject to our subscription policies, including without limitation, any cancellation and refund Policies which may be found on the Academy website from time to time. Please read these carefully as they set forth our cancellation and refund policy and other important information. We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies. Our subscription policies are hereby incorporated into this Agreement and made a part hereof.

7. Availability of Academy Through Other Platforms; Third Party Payment Academy

  1. 7.1 If you access the Content through a mobile application or other type of third party platform, the applicable end user license agreement or terms of use for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application's or platform's terms in addition to this Agreement. In the event of a discrepancy between any terms and conditions of this Agreement and the end user license agreement or terms of use for mobile service, the terms and conditions of this Agreement shall prevail.
  2. 7.2 From time to time, we may use a third party not affiliated with us to process payments for the Content (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

8. Certain Types of Users

8.1 Other Subscribers and Users. If your access to the Content is provided by or through a Third Party Provider (as defined in Section 3 above), or if you have paid for access to the Content in connection with your subscription to one or more of our print publications, or purchased your subscription to the Content through a retailer rather than from us directly, some or all of the “Fees and Payments” and “Cancellation and Renewal” terms may not apply to you. Please contact the Third Party Provider, retailer or our Customer Academy department for details. If you access the Content without paying or registering (e.g., as part of an “open house” or free trial) you are hereby notified that all of the terms and conditions of this Agreement except the section labeled “Fees and Payments” and “Cancellation and Renewal” apply to your use and access of such Academy.

9. Limitations on Use

  1. 9.1 The Academy are for your individual use only. Thus, you may not share the Content with any third party, but rather should direct the third party to access the Academy directly.
  2. 9.2 You may not share your log-in credentials (including your password) with any other person whatsoever or publish any log-in credentials (or related information) on any public-facing medium. Any violation of this clause will constitute a material breach of this Agreement and may result in Sponsor blocking your access to the Academy. In any event, you will be responsible and liable for any access to or use of the Content (including without limitation any fee-based transactions) by you or any person or entity using your password/log-in credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent.
  3. 9.3 The Content is the property of the Authors, and/or our property, and is protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Academy to anyone, including, if applicable, your fellow students, coworkers, or employees, with the following exceptions:
  4. 9.3.4 You may occasionally download, print and/or store articles from the Content for your use or that of your fellow students, coworkers, or employees, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. You may not otherwise download, print, store or provide others with access to such articles except with our prior written permission. In addition, you may not use articles you have downloaded, printed or stored for data or text mining any information or content (including associated metadata).
  5. 9.4 Additional Restrictions on Use of the Content.
    9.4.1 You agree not to rearrange or modify the Content available through the Academy. You agree not to display, post, frame, or scrape the Content for use on or in connection with another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to modify, reverse engineer, decompile or disassemble any part of the Academy, whether in whole or in part, or create, reproduce or distribute any derivative work based on or containing the Content or encourage, assist or authorize any other person to do so. The framing or scraping of or in-line linking to the Academy or any Content contained thereon and/or the use of webcrawler, spidering, script, site search/retrieval applications or other manual or automated device, tool, process or other means to retrieve, scrape, text or data mine information or content (including associated metadata), access, copy, index, process and/or store any Content made available on or through the Academy other than as expressly authorized by us is prohibited. You agree not to remove any copyright or other notices from any Content. You agree not to circumvent any technological protection measures that limit or restrict a user's access to or use of any Academy. Without limiting the foregoing, you may not use or incorporate any Content available through the Content for any form of artificial intelligence (“AI”), including in any generative or other form of AI for training or grounding purposes.
  6. 9.4.2 Without limiting the other restrictions herein, including the restrictions on scraping the Content or Academy, you further agree to abide by exclusionary protocols that may be used in connection with the Academy. You may not access parts of the Academy to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Academy.
  7. 9.4.3 You may not create apps, extensions, or other products or services that use our Content (including without limitation in connection with AI) without our express written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as, or generate (whether through AI or otherwise) a substitute for a subscription to the Content.
  8. 9.4.4 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights; we enforce those rights.
  9. 9.4.5 You may not access or view the Academy with the use of any scripts, extensions, or programs that alter the way the Academy are displayed, rendered, or transmitted to you without our written consent.
  10. 9.5 You agree not to use the Academy for any unlawful purpose. In addition to other rights, we reserve the right to terminate or restrict your access to the Content if, in our opinion, your use of the Content may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

10. Community; User Generated Content

  1. 10.1 User Name.
    We require you to register to access and use certain of our community areas. We require that you use your own first and last name as your user name for these community areas. With certain exceptions, when you register for these community areas, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please immediately contact the Sponsor. We reserve the right to disclose any information about you, including registration data, in order to, among other things, comply with any applicable laws and/or requests under legal process, protect our property, protect our rights, and safeguard the interests of others.
  2. 10.2 Use of the Content.
    10.2.1 Cautions Regarding Other Users and User Content. You understand and agree that the Content includes information, views, opinions, and recommendations of many individual Authors, and/or their organizations, and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own business and property management decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Author. We may upon occasion, but are not required to and do not intend regularly to, curate, screen, edit, or review the Content. We reserve the right to monitor or remove any Content from the Academy for any reason at any time without notice. If at any time we choose to monitor the Content, we assume no responsibility for the Content, assume no obligation to modify or remove any Content, and assume no responsibility for the consequences of your reliance upon any of the Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates, or is suspected of violating, the terms of this Agreement. You should also be aware that Authors may use our Academy for personal gain. As a result, please approach messages with appropriate skepticism, as the Content may be misleading, deceptive, or in error.

11. Additional Terms Applicable to Certain Benefits.

From time to time, the Sponsor may choose to offer products, services or other benefits to certain Users (“Benefits”) such as special events and special offers from our partners, discounts and access to certain Sponsor offerings. Such Benefits are subject to change and/or cancellation at any time. Any eligible users may access the Benefits through such user's login credentials. As is the case with this Agreement generally, we reserve the right to modify these additional terms at any time. Under no circumstances shall we be responsible for any loss or damage resulting in any way in connection with these Benefits. For additional disclaimers and limitations on liability regarding the Benefits, please review Section 14 below.

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13. Third Party Websites, Products and Academy

Certain sections of the Content may contain links to, or frame third-party websites, content, products or services (collectively, “Linked Content”). Some of this Linked Content may contain our logo or other branding of ours. Notwithstanding the foregoing, the inclusion of any Linked Content does not constitute an endorsement by us, nor does it incur any obligation, responsibility or liability on our part or on the part of the Authors. We do not verify, control or have any responsibility for the Linked Content, including, without limitation, their content and privacy practices. We encourage you to read the terms and conditions and privacy policy on any Linked Content you use.

14. Disclaimers of Warranties; Limitations on Liability; and Time Limitation for Claims

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE ACADEMY AND ITS CONTENT, INCLUDING, WHEN AND IF APPLICABLE, ANY BENEFITS (DEFINED ABOVE) ARE AND SHALL BE AVAILABLE THROUGH THE ACADEMY ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION (A) ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF A SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE ACADEMY OR OTHERWISE BY US, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE ACADEMY OR AVAILABLE THROUGH THE ACADEMY, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE ACADEMY WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE ACADEMY WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT ACCESS TO THE ACADEMY OR PARTICULAR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE ACADEMY WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE ACADEMY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE ACADEMY IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THE ACADEMY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE ACADEMY OR ANY OF THE CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE SPONSOR AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, AUTHORS AND LICENSORS (THE “SPONSOR PARTIES”) TO YOU FOR DIRECT DAMAGES IS LIMITED TO THE ANNUAL SUBSCRIPTION FEE, IF ANY. THE SPONSOR PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE ACADEMY OR THE CONTENT OR BENEFITS OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SPONSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SPONSOR PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnification

You agree to indemnify and hold Sponsor and each of the Sponsor Parties, and each of their respective successors and assigns, owners, directors, officers, managers, employees, shareholders, agents, representatives, advertisers, operators, suppliers, service providers and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising in any way out of or in connection with your use of the Content or your breach or violation of this Agreement in any way. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise under this Section 15. In such event, you shall provide us with such cooperation as is reasonably requested by us.

16. Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Mass Arbitration Waiver.

  1. 16.1 Mandatory Dispute Notice and Pre-Dispute Resolution.
    In the event of any claim, cause of action or dispute hereunder (a “Dispute”), the party seeking relief must first send to the other party a written statement with their name, address, contact information, the facts about the Dispute, and relief requested (the “Dispute Notice”). For a period of thirty (30) calendar days after receipt of a Dispute Notice (which can be extended by agreement or shortened by a written indication of one side that no amicable resolution is possible; and during which time any statute of limitations and any filing fee deadlines shall be tolled), the parties shall attempt to resolve the Dispute in good faith. Dispute Notice recipients may demand an informal Dispute resolution conference that both parties shall personally attend.
    Compliance with this Section 16.1 is a condition precedent to initiating arbitration or a small claims action. If the Dispute is not resolved within the 60 days, then either party may proceed in accordance with the below. This section does not apply to Disputes involving intellectual property or Section 9.4.1
  2. 16.2 Mutual Arbitration Agreement.
    All Disputes will be resolved by binding, individual arbitration unless otherwise set out in Section 16.3 and 16.4, or with the exception of the following: 1) any claim involving intellectual, 2) any claim involving Section 9.4.1 property, and 3) any claim eligible to be brought in small claims court (collectively,“Excluded Claims”). YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL DISPUTES, EXCEPT FOR EXCLUDED CLAIMS, YOU ARE GIVING UP YOUR RIGHTS TO FILE A LAWSUIT IN COURT AND TO A JURY TRIAL. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
  3. 16.3 WAIVER OF JURY TRIAL, CLASS ACTIONS, AND CLASS ARBITRATIONS. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, OR ANY OTHER FORM OF REPRESENTATIVE ACTION, WHETHER IN COURT OR IN ARBITRATION. EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR CLASS ARBITRATION.
    By entering into this Agreement, independent of the agreement to arbitrate and waiver of class arbitration, you are giving up the ability to participate in or bring a class action in court for all claims, including but not limited to Excluded Claims. If this waiver of class actions and class arbitrations is deemed unenforceable, neither you nor Sponsor is entitled to arbitration; instead all Disputes will be resolved in court as noted below.
  4. 16.4 Waiver of Mass Arbitration Filings.
    You and Sponsor waive the right to file any Dispute as part of a Mass Arbitration Filing. A “Mass Arbitration Filing” includes instances in which you or Sponsor are represented by a law firm or collection of firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Sponsor's behalf, and the law firm or collection of firms seek to simultaneously arbitrate all arbitration demands. No arbitrator shall arbitrate any Mass Arbitration Filing. If this waiver of Mass Arbitration Filings is deemed unenforceable, neither you nor Sponsor is entitled to arbitration; instead all Disputes will be resolved in court as noted below and subject to Section 16.3.
  5. 16.5 All arbitrations shall be filed with and administered by JAMS under its Streamlined Arbitration Rules and Procedures, available at https://www.jamsadr.com. The demand must be personally signed by the party initiating arbitration and must certify that the party has complied with Section 16.1 above. The arbitrator may award any relief or sanctions against all appropriate persons for any claim or relief that is frivolous or brought for an improper purpose.
  6. 16.6 All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the waiver provisions in 16.3 and 16.4 are for the court to decide. New Jersey law applies to any arbitration under this Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.
  7. 16.7 All arbitrations, mediations and other in-person proceedings shall take place (a) on-line, if JAMS rules so permit in a particular instance; or (b) if not so permitted, then at a venue permitted by JAMS and located within Bergen County, New Jersey. If the arbitrator finds the costs and fees of an Arbitration you initiate will be prohibitive as compared to litigating the Dispute in a court of competent jurisdiction, we at our choice shall either (a) permit the Dispute to be resolved in such a courty, or (b) agree to pay as much of your Arbitration filing and arbitrator fees as the Arbitrator deems necessary to prevent the Arbitration from being costlier than the court alternative. Payment of fees will be governed by JAMS rules. JAMS has discretion to reduce fees and a good-faith challenge to the fees does not constitute a waiver or breach of this Agreement. Judgment on the arbitral award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York, New York.

17. General

Except as otherwise specifically set forth in this Agreement, this Agreement contains the final and entire agreement between you and us regarding your use of the Academy and any aspect of the relationship between you and us and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Academy or the Content. We may discontinue or change the Academy or any of the Contents, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign or transfer your rights or obligations under this Agreement to anyone, but our rights and obligations under this Agreement may be assigned or transferred by us without restriction, notice or other obligation to you. No third party (other than any of Sponsor's affiliates which in the future may provide or facilitate the Academy or any aspect of it) shall be deemed a beneficiary of this Agreement. All rights not expressly granted to you hereunder are reserved to us and the Authors. The failure of Sponsor to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
We both acknowledge that, for any provisions hereof which are permitted to be brought in court and for which injunctive relief is sought, damages at law would be an inadequate remedy for such breach or threatened breach of this agreement and that, in the event thereof, the other party's rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy, in addition to and not in lieu of any rights to damages at law or other rights provided by statute or otherwise for a breach or threatened breach of any provision hereof.
Changes, amendments or modification in or additions to of any provision under or of this agreement may be made only by a written instrument executed by the parties thereto. No waivers shall be valid unless in writing and signed by the waiving party. All notices must be in writing and are deemed given when received, regardless of the means of transmission, except that notices sent via electronic mail (e-mailed) or faxed notices shall be valid only if their receipt is thereafter confirmed by the receiving party by return transmission or otherwise.

18. Governing Law and Venue

You agree that this Agreement, as well as any and all claims and disputes arising from this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any claims, including Excluded Claims litigation, any other controversy or claim for which arbitration is denied for any reason, or any other claim that otherwise proceeds in court, will be an appropriate federal or state court with proper jurisdiction located in Bergen County in the State of New Jersey.
Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

19. Severability

Subject to the provisions of Section 16.3 and Section 16.4 above, if for any reason an arbitrator or court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and otherwise will be severable with the remainder of the provision and Agreement continuing to be valid and enforceable in full force and effect.

20. Additional Terms and Notices

We may choose to employ cookie technology. Certain of our content, data and information providers may require us to include additional terms and conditions relating to their content and data, which, if so, will be disclosed on the Academy website.

21. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, embargos, acts of civil or military authorities, government, cyber attacks attributable by public or private parties to state or quasi-state actors, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
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