Terms of Use

IF/THEN® Collection Website TERMS OF USE

Last Revised June 25, 2020

PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 22 BELOW.

This “Site” (as defined below) is owned and operated by or on behalf of Orange Capital Media, LLC or one of its affiliates, parents or subsidiaries (collectively referenced to herein, solely for ease of reference, as “OCM”, “us” or “we”). Orange Capital Media, LLC is responsible for the IF/THEN® initiative and the IF/THEN® Collection. These Terms of Use (the “Terms of Use”, “TOU” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at https://www.ifthencollection.org/ and any other online and mobile websites, blogs and interactive applications operated by OCM that are related to https://www.ifthencollection.org/ (collectively, the “Site”) (unless a different TOU or policy is provided on a particular site, application or service, in which case such different TOU or policy shall govern and control). Your use of this Site confirms your unconditional agreement to be bound by these TOU and is subject to your continued compliance with these TOU. If you do not agree to be bound by this TOU you may not access or otherwise use the Site. Before using the Site, please also review the related OCM Privacy Policy (the “Privacy Policy”), which is available at https://www.ifthencollection.org/privacy-policy.

1. Eligibility.

The Site is intended solely for users thirteen (13) years of age and older (each, a “User”). You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen and accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.

2. Providing Information.

Certain parts or features of the Site may otherwise ask you to provide information such as an email address to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site. You accept responsibility for all activities that occur under your email address.

3. License to the Site.

a. General License to Site. If you are an individual or a non-profit entity, OCM grants you a non-exclusive, non-transferable, revocable, limited license to access the Site and view, stream, share, print and/or embed the photographs, videos or other assets available on the Site (collectively, the “Collection Materials”) only for educational and other non-commercial purposes related to the STEM fields (science, technology, engineering and math) in accordance with the “Requirements” (as defined herein) and the other terms of these TOU. This license does not grant you any rights to download or save any of the Collection Materials. You shall not interfere or attempt to interfere with the operation or use of Site by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.

b. Access Codes. Certain Users may access the Collection Materials using an access code (“Code” or “Download Access Code”) provided by OCM or one of our affiliates or associated organizations. If you access the Collection Materials using a Code, we refer to you as a “IF/THEN^® Program Participant.” Each IF/THEN® Program Participant is responsible for maintaining the confidentiality of the Code and for restricting access to the IF/THEN® Program Participant’s computer or mobile device so that others may not use the IF/THEN® Program Participant’s Code to access any restricted portions of the Site. If an IF/THEN® Program Participant submits a request form to OCM to use certain Collection Materials and OCM, in its sole discretion, approves of the access request, then subject to such IF/THEN® Program Participant’s unconditional agreement to these TOU and compliance with the same, such IF/THEN® Program Participant will have a non-exclusive, royalty-free, right and license to download, copy, publish, distribute, reproduce, publicly display and otherwise use the related Collection Materials for educational and other non-commercial purposes related to the STEM fields (science, technology, engineering and math). For clarity purposes, foregoing grant does not authorize or permit you to use the Collection Materials on or in connection with merchandise, or in any advertising, marketing or promotional materials or packaging for such merchandise.

c. Requirements. The Collection Materials may be used only in accordance with the following “Requirements”: (i) the Collection Materials may be used by individual and non-profit entities only for educational and other non-commercial purposes related to the STEM fields and may not be used to promote any commercial product or service (for clarity, programs or services organized or provided by IF/THEN® Program Participants are considered to be non-commercial); (ii) any IF/THEN® Program Participant who is permitted to download the Collection Materials will use them only for the intended purpose identified by the IF/THEN® Program Participant when he or she requested permission to download them; (iii) the Collection Materials will not be used to present or portray OCM, or any person who appears in or is the subject of the Collection Materials or any OCM officers, directors, employees, or representatives, in a manner that a reasonable person would view as derogatory or disparaging, and (iv) all uses of the Collection Materials must comply with any additional “Usage Restrictions”, if any, that the Site says apply to the Collection Materials in question. Each User who uses the Collection Materials acknowledges that the use of the Collection Materials in any manner that fails to comply with these Requirements exposes such User to a potential legal claim or claims. Each User who uses the Collection Materials agrees to immediately discontinue any use of the Collection Materials that does not to comply with these Requirements, as determined by OCM in its sole and absolute discretion.

d. User Representations and Warranties. Each User accessing the Collection Materials represents and warrants that he or she has the power and authority to agree to these TOU in his or her individual capacity and on behalf of such person’s employer, if such User is accessing the Site in connection with his or her professional duties. Each User accessing the Collection Materials further represents and warrants that: (i) he or she will comply with the Requirements placed on the use of the Collection Materials; and (ii) the “User Materials” (as defined below) shall comply with all applicable laws, rules and regulations and shall not violate or infringe upon the rights of any third party. As used herein, the term “User Materials” shall mean any materials that the Collection Materials are used with or anything that is added to the Collection Materials by user or on the user’s behalf.

e. User Indemnification. Each User accessing the Collection Materials and Site agrees to defend, indemnify and hold OCM and its parent, subsidiary and affiliated companies and the directors, officers, employees, and agents and agencies of each, harmless from and against any and all third party claims, damages, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees and expenses (collectively, “Costs”) arising from or relating to such User’s failure to comply with the Requirements or any other breach or allegation that, if true, would constitute a breach of such User’s representations, warranties, covenants or obligations under these TOU.

4. Changes to Site and/or Terms of Use.

OCM reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or these TOU, in whole or in part, at any time without further notice. For changes to these TOU that we deem material, we will place a notice on https://www.ifthencollection.org/ revising the link on the homepage to read substantially as “Updated Terms of Use” for an amount of time that we determine in our discretion. If you access or use the Site in any way after the TOU have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these TOU will be available on https://www.ifthencollection.org/terms-use and will supersede all previous versions of these TOU.

OCM reserves the right to change the Collection Materials that are available on the Site without notice. Without limiting the generality of the foregoing, OCM reserves the right to change, suspend, remove, or disable access to any Collection Materials at any time without notice for any reason or no reason at all, and in no event will OCM be liable for any claims, costs, or damages caused by or arising out of such actions. OCM uses various technologies to provide you with an optimal viewing experience. That said, quality of Collection Materials, including resolution, may be affected by the format of the Collection Materials, your location, the speed and bandwidth of your internet provider, and the devices used, among other factors. As a result, OCM is unable to make any warranties about the Collection Materials in these respects.

Except as explicitly and expressly permitted by the limited license set forth above, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Collection Materials. In addition, you may not, either directly or through the use of any device, software, internet site, web-based Site or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Collection Materials. Finally, you also understand that some of the Collection Materials may be protected by security technology, and you agree not to circumvent, disable, disassemble, remove, alter, deactivate, degrade or otherwise tamper with such security technology or any digital rights management or other content protection, copy control, or access control measure associated with the Collection Materials, including geo-filtering mechanisms.

5. Trademarks, Copyrights & Restrictions.

The Site and all of the content it contains, or may in the future contain, including but not limited to the Collection Materials, text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by OCM or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by OCM, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of OCM or such third party that may own the Material or intellectual property displayed on the Site. OCM may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.

6. Software.

From time to time, and in its sole discretion, OCM may make available to users certain software that may be accessible or downloaded from this Site. In the event you access or download software from this Site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the “Software”) are licensed to you by OCM or an OCM-approved third party software provider (“Third Party Provider”). OCM does not transfer title to the Software to you. OCM retains full and complete title to the Software, and all intellectual property rights therein. For purposes of these TOU, such Software shall be included in the definition of “Materials”. Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

7. Unsolicited Submissions.

OCM is pleased to hear from its visitors and welcomes your comments and questions regarding OCM programs, initiatives and services. But if you send an email or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), the Submission will be treated as non-confidential and non-proprietary in each instance. Any Submission may be used by OCM without restriction for any purpose whatsoever, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights. You hereby acknowledge and agree that your relationship with OCM is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to OCM does not place OCM in a position that is any different from the position held by members of the general public with regard to your Submission.

8. Linked Sites.

The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

9. Promotions/Additional Features.

From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Guidelines”). All these Guidelines are hereby incorporated by reference into these Terms of Use.

10. No Resale/Exploitation.

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site or the Collection Materials for any commercial purpose.

11. Non-United States Residents.

OCM operates the Site in the United States. OCM makes no representation that the Site and/or any Materials are appropriate or legal for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Jurisdictional Issues.

The Site is controlled and operated by OCM from its offices within the State of Texas in the United States. OCM makes no representations that Materials on or in the Site are appropriate or available for use in any other locations outside of the United States. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software from or on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Termination.

You understand and agree that OCM may, in its sole discretion and at any time, terminate your access, Code, and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that OCM may take any one or more of these actions without prior notice to you. You understand and agree that OCM shall not have any liability to you or any other person for any termination of your access to the Site. OCM will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of OCM. Upon termination of your Access Code or access to the Site, or upon demand by OCM, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that OCM will aggressively enforce its rights to the fullest extent of the law.

14. Disclaimer.

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. OCM assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. OCM is not responsible for any technical or non-technical malfunction or other problems of any hosting or storage services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of downtime, technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading or accessing materials from the Internet and/or from or through the Site.

THE SITE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OCM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MATERIALS, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. OCM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OCM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

15. Limitation of Liability.

YOU AGREE THAT OCM AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, NATIONAL GIRLS COLLABORATIVE PROJECT, ASSOCIATION OF SCIENCE AND TECHNOLOGY CENTERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL, THE PRIVACY POLICY, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF OCM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN LAW OR EQUITY, TORT OR CONTRACT AND REGARDLESS OF WHETHER THE DAMAGES IS CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OCM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

OCM makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by OCM. Views and opinions of users of the Site do not necessarily state or reflect those of OCM. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available as part of the Site.

The Internet may be subject to breaches of security. OCM is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. OCM makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.

16. Linking Policy.

If you link to the Site, we require that you follow these guidelines. You may link to the Site and/or Collection Materials using a plain text link or embed codes provided through the Site. The link to this Site and/or Collection Materials, or the use of an embed code, must not damage, dilute or tarnish the goodwill associated with any OCM names, including the IF/THEN^® initiative, and/or intellectual property, nor may the link or embedded content create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with OCM or the IF/THEN^® Collection, or any of the IF/THEN^® Collection partners, members, or affiliates. You may not “frame” the Site or alter its intellectual property or Material in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by OCM in its sole discretion. OCM reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that OCM deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms of Use.

OCM is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Site may be linked or from which this Site may be accessed.

17. Indemnification.

BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF USE OR ANY LAW; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF USE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OCM’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OCM’S DEFENSE OF ANY CLAIM. OCM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF OCM.

18. Arbitration/Miscellaneous.

These TOU constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOU may not be amended, nor any obligation waived, except by OCM, or with OCM’s written authorization.

You acknowledge that any breach of this agreement would cause OCM irreparable injury, such that OCM would have no adequate remedy at law. You agree that in the event of such breach, OCM shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.

These TOU shall be governed and construed in accordance with the laws of the United States and the State of Texas applicable to contracts entered into and fully performed in Texas (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas.

By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against OCM and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “OCM Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS (www.jamsadr.com) and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Dallas, Texas; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable OCM Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any OCM Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any OCM Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, OCM agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, OCM will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor OCM shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

For any questions, suggestions, or concerns related to these Terms of Use, please email us using the “Contact Us” page at: https://ifthencollection.org/contact-us.