THESE TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“You”) AND THE ENTERTAINMENT INDUSTRY FOUNDATION (“EIF”) THAT APPLIES EACH TIME YOU USE OR ACCESS www.eifoundation.org AND ITS ASSOCIATED WEBPAGES, APPLICATIONS, FEATURES, AND CONTENT (collectively, the “Site”). YOU SHOULD THEREFORE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND ITS FUNCTIONALITY.
IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non- transferable license to use and access the Site during the Term specified herein solely for Your personal, private, non-commercial, not-for-profit use, conditioned on Your continued compliance with all provisions of this TOU (including without limitation any external terms and documentation linked or referenced herein).
When using the Site in accordance with the foregoing license, You shall not directly or indirectly (a) use the Site to create any service, software or documentation that performs substantially the same functionality as the Site, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, or (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site.
You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site. In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your use of the Site. If You access the Site on behalf of any organization, Your organization shall be bound to this TOU and be liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.
The Site is not intended for use or access by any individual under the age of thirteen (13) years, and EIF does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
You may be required to register an account to use the Site or certain features of the Site. Each registration is for a single user only, unless otherwise expressly agreed by EIF. Registration for access to and use of the Site may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by EIF in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of EIF, which may be granted or withheld in its sole discretion. You shall immediately notify EIF if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. EIF will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. EIF reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if EIF has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU.
You understand, acknowledge, and agree that the operation of certain features of the Service may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to EIF’s Privacy Policy, available at https://www.eifoundation.org/privacy/ (as updated from time to time), for a summary of EIF’s policies and use practices regarding personally identifiable information.
EIF may send emails or other electronic messages to You concerning Your use of the Site, including without limitation by providing alerts or notifications within the Site. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
Certain features of the Site may permit You to upload, post, display, transmit, or otherwise provide certain information, content, audiovisual recordings, or other materials to the Site (each a “Submission” and collectively “Submissions”). You hereby grant to EIF a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in connection with: (i) EIF’s operation of the Site and its features and functionalities; (ii) EIF’s development, promotion, and implementation of its programs, events, and content; and (iii) EIF’s research, development, and other non-profit operations.
To the extent that a Submission includes Your name, likeness, image, voice, and/or performance (collectively, “Likeness Rights”), You also grant to EIF a royalty-free, fully transferable, fully sublicensable, perpetual, irrevocable, worldwide license to use, reproduce, and distribute such Likeness Rights in connection with EIF’s exercise of its rights to the Submissions as set forth above.
In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:
(a) are illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;
(b) infringe, misappropriate, or otherwise violate the personal or proprietary rights of others;
(c) contain any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;
(d) impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;
(e) unsolicited communications, promotions, or advertisements, or spam;
(f) harms, harasses, threatens, or violate the rights of any third party, or promotes, provokes, or incites violence; or
(g) constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion.
EIF may screen, review, edit, moderate, or monitor Submissions from time to time at its discretion, but has no obligation to do so. In any event, EIF is not responsible for Your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions.
By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Site, You represent and warrant that: (i) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit EIF to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
Certain services, features, or components made available via the Site are delivered by third-party providers. By using any feature, service, or functionality originating from theSite, You hereby acknowledge and consent that EIF may share information and data that You submit or upload to the Site with the applicable third-party provider as may be required to enable and facilitate the requested third- party product, service, or functionality, subject to EIF’s Privacy Policy.
EIF EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT EIF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY.
Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Site. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third- party terms applicable thereto, and You agree to abide by all such terms in connection with Your use of the Site. You hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.
All content included as part of the Site, such as text, graphics, logos, and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are the property of EIF or its applicable third-party licensors, and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. EIF reserves all rights in the Site not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Site under this TOU or through Your use of the Site. EIF does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.
You agree to indemnify, defend, and hold harmless EIF and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) Your violation of this TOU, (b) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (c) Your violation of applicable laws, rules, or regulations, and/or (d) your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. EIF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with EIF in asserting any available defenses.
EIF DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EIF HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EIF DOES NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. EIF FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS.
IN NO EVENT SHALL EIF BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF EIF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DAMAGES WHICH, IN THE AGGREGATE, EXCEED A TOTAL OF TEN U.S. DOLLARS (U.S.D.$10.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The content and information contained in or made available through the Site (including but not limited to any Submission) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional financial, tax, medical, psychological, therapeutic, or legal matters. You acknowledge that You are solely responsible and accountable for your decisions, actions, and results regarding finances, tax, and personal health, and agree that EIF shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Site.
This TOU takes effect (or re-takes effect) at the moment You first access or use the Site. EIF reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by EIF hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of this TOU concerning EIF’s proprietary rights, licenses to Submissions and Likeness Rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, injunctive relief, and governing law will survive the termination of this TOU for any reason.
EIF reserves the right, in its sole discretion, to terminate or suspend Your access to the Site or any feature or portion thereof at any time, without notice to You, if EIF reasonably determines or suspects that You are in violation of this TOU.
This TOU is governed by the laws of the State of California, United States of America, without reference to its principles of conflict of laws. The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph. Any claim, suit, or other proceeding arising under or in connection with this TOU shall be brought exclusively before the state and federal courts sitting in Los Angeles County, California, and You consent to the exclusive jurisdiction of such courts for the final resolution thereof.
The relationship between You and EIF under this TOU is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
EIF reserves the right to view, monitor, and record Your activity on the Site without notice or permission from You. EIF’s provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce EIF’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Site or information provided to or gathered by EIF with respect to such use.
You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Site is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from this TOU, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.
Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by EIF of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to EIF not readily quantifiable as money damages, such that EIF would not have an adequate remedy at law. You therefore agree that EIF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.
Please note that EIF reserves the right to change the terms and conditions of this TOU by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). In addition, EIF may add, modify, or delete any aspect, component, or feature of the Site, but EIF is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.
If You have any questions or comments regarding this TOU, please contact EIF at: info@eifoundation.org
If a user of the Site has a good faith belief that their work has been copied, reproduced, displayed, or published on the Site in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, said user can submit a Notice of Claimed Infringement to EIF’s designated agent registered at the U.S. Copyright Office for receipt of such notices, by providing such agent with the following information:
Please note that a user’s Notice of Claimed Infringement must contain all of the above elements to be valid.
EIF’s agent designated to receive notices of copyright or other intellectual property infringement may be contacted as follows:
Organization: The Entertainment Industry Foundation
Designated Agent: Deborah Morrison
Mailing Address for Notices: 10880 Wilshire Blvd. Suite 1400, Los Angeles, CA 90024
Email Address for Notices: dmca@eifoundation.org
Telephone Number of Designated Agent: 424-283-3160
EIF has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or violate the intellectual property rights of others. EIF will terminate user accounts that have been the subject of three (3) separate DMCA notices. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, EIF will treat the underlying DMCA notice as withdrawn.
EIF reserves the right to terminate user accounts that are the subject of fewer than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding the intellectual property rights of others, as determined in EIF’s discretion.
Please carefully read these SMS Terms & Conditions (“Terms” or “Agreement”) as they are a binding agreement between you (“you”, or “your”) and Entertainment Industry Foundation, its affiliates, and subsidiaries, including but not limited to Entertainment Industry Foundation (collectively, “EIF”, “we”, or “us”). This Agreement governs your participation in any EIF text messaging program or any other mobile or web-based phone application to send and receive messages with EIF. By participating in our texting program, you represent and warrant that you are at least the age of majority in your state of residence. By agreeing to receive text messages from or on behalf of EIF or by otherwise providing your phone number, you also agree to these Terms as well as EIF’s Terms of Use and Privacy Policy which are incorporated herein.
IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
When you consent to receive text messages from EIF, you are agreeing to receive informational and/or marketing text messages to the phone number you provided, depending on the purpose for which are you providing your consent. This includes but is not limited to maintenance notifications, payment notifications, promotional offers, loyalty rewards, and other messages.
You also acknowledge and agree that the text messages you receive may be sent via an automatic telephone dialing system or similar technology. By giving your consent to receive text messages from EIF, you may receive multiple, recurring messages relating to the status of your EIF account for any other purpose, whether informational or promotional in nature.
YOU DO NOT NEED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES FROM US AS A CONDITION OF MAKING A PURCHASE.
Text messaging services are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control We are not liable for delayed or undelivered mobile messages.
You may cancel a text messaging service at any time or revoke your agreement to these Terms by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to a short code provided or replying to a message sent by EIF. After you send the stop code, we may send you a text message confirming your decision to opt out. If you opt out of one of our text messaging services, you will remain opted into other EIF text messaging services (if applicable) unless you opt out of those services separately. You understand that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that EIF and its service providers will have no liability for failing to honor such requests.
Not all EIF services may be compatible with your network provider or device. Carriers are not liable for delayed or undelivered text messages. Message frequency will vary. Message and data rates may apply.
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. [insert message rate frequency here] You are solely responsible for any costs related to or associated with your receipt of text messages.
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. THEY AFFECT YOUR RIGHTS AND EIF’s RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE BETWEEN US. PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.
If a dispute arises between you and EIF regarding these Terms or the text messaging program, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you to contact EIF at 10880 Wilshire Blvd #1400, Los Angeles, CA 90024, or info@eifoundation.org to try resolving your problem directly with us.
IN THE CASE THAT YOU AND EIF ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND EIF AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY EITHER PARTY WILL BE FINAL AND BINDING ON THE OTHER PARTY. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST EIF OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES, CONTRACTORS, OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT.
IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE ARBITRATORS; AND IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND EIFEACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
These Terms may be updated by EIF at any time without prior notice. By continuing to be enrolled in any EIF texting program, or by providing your cell phone number for transactional, operational, or information text messages, you agree to any changes.
You agree that the laws of the State of California, United States of America, without regard to conflict of laws principles, will govern the terms of this Agreement and any claim or dispute that has arisen or may arise between you and EIF, except as otherwise stated in this Agreement. Subject to the Dispute Resolution and Arbitration provision, you may also litigate any dispute on an individual basis in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court.
If you are experiencing any issues or have any questions regarding the text messaging procedures, you can respond with the keyword “HELP” for assistance, or you can contact us at info@eifoundation.org
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