TERMS OF SERVICE
Last Updated: 04/15/2017
Celebrate Life International, Inc. d/b/a Teach One to Lead One® (referred to throughout as “us,” “we,” “our,” etc.) is the owner and operator of the T1L1.org website, a not-for-profit organization dedicated to transforming at-risk kids into responsible citizens. These Terms of Service apply to the www.T1L1.org websites, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the “Website”). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person ” you,” “your,” etc.) agrees to be contractually bound by these Terms of Service (the “Terms”).
Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website.
I. UPDATES TO THE TERMS
a. Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
II. INTELLECTUAL PROPERTY
a. Property Protection. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
b. Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
c. Your Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
III. GENERAL USER WARRANTIES
a. User Warranties. By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
i. You have the authority to enter into this agreement.
ii. Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.
iii. Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.
iv. You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
v. You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
vi. You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age.
IV. INTERNATIONAL USE
a. International Use. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
V. ADDITIONAL POLICIES
a. Privacy. You accept our Privacy Policy as stated here. Except as otherwise provided in this section, we will keep your Personal Information private and will not share it with other third parties unless such disclosure is necessary to:
i. Comply with a court order or other legal process
ii. To protect our rights or property
iii. To enforce our Terms of Service
Note: Please keep in mind that while we take reasonable precautions to safeguard your Personal Information no amount of protection can guarantee its security.
b. Copyright. You agree to abide by the Copyright Laws of the United States. We shall have the exclusive right and option to pursue any and all legal remedies, including damages, attorneys’ fees, costs and injunctive relief for any infringement of our rights in the presentation format, content and materials found on the Website.
c. Behavioral Standards. You agree to abide by the following Behavioral Standards:
i. You will NEVER use the Website to engage in any activity that violates the law, including (but not limited to) criminal or tortious behavior
ii. You will not upload, post, or transmit content or information to (or through) the Website, unless you have the legal authority to do so
iii. You will not upload, or use the Website to distribute, viruses or other malicious forms of computer code
iv. You will not engage in any behavior intended to interfere with the normal operations of the Website
v. You will not use bots, software, or any other automated process to track, monitor, or gather information on, any party visiting or using the Website
vi. You will, at all times, use the Website in a manner fully consistent with the legal rights of all other persons and parties.
VI. LIABILITY
a. Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing’s respective directors, officers, employees, and agents (collectively, the “Releasees”) from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from:
i. You participating in any training, certification, or informational session posted on the Website or
ii. From the acts or omissions of third parties you interact with through the Website
b. Limitation of Liability. Neither we nor our officers, directors, employees and agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of one hundred U.S. Dollars ($100). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
c. Indemnification. You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney’s fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.
VII. GENERAL
a. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, as such laws are applied to agreements made between Georgia residents and performed entirely within the State of California, and without regard to conflicts of laws principles.
b. Dispute Resolution. Any dispute that arise out of, or relate to, these Terms or your use of the Website shall be first raised directly with the other party. If the dispute cannot be settled through negotiation, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or in relation to these Terms, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the Award rendered by the arbitrator(s) may be entered in any court in the State of Georgia, USA with jurisdiction over the matter. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
c. No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, employment agreement, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
d. Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
e. Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
f. No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
g. Survivability. The provisions of the sections of these Terms titled “Intellectual Property,” “Liability,” and “General” will survive termination.
h. Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
i. Attorney’s Fees. If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney’s fees) incurred as a result of that litigation.