WE TRUST YOU. WE REALLY TRUST YOU. WE HATE THIS LEGAL-MUMBO-JUMBO AS MUCH AS YOU DO. BUT WHEN WE TOLD OUR LAWYERS THAT WE TRUSTED HUMANITY AND THAT EVERYTHING WOULD BE OKAY, THEY SUGGESTED THIS MASSIVE DOCUMENT IN LIEU OF OFFERING YOU A HANDSHAKE. THEREFORE, THE FOLLOWING DESCRIBES THE TERMS ON WHICH FIND MYY ZEN OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:
Welcome to Find My Zen. Find My Zen, LLC. (also referred to herein as “We”) provides our website, www.findmyzen.com platforms, tools, and services (together, “Our Platform”) to you subject to the terms of service set forth in this Terms of Service Agreement (this “Agreement”).
We may update this Agreement at any time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed about any changes to it. By continuing to use the Platform, you consent to any updates to this Agreement. This version of this Agreement supersedes all earlier versions, and comprises the entire agreement between you and Find My Zen regarding the Platform. By accessing or using the Platform, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Platform.
Our Platform provides our users with a variety of resources to facilitate organizing of classes (a “Offering” or “Find My Zen Offering”). You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Our Platform, including without limitation your participation in or involvement with any Dabble Class (as defined in Section 6.1) and your submission of acceptable Public Information (as defined in Section 4 (“Your Information”)). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
Eligibility. Our Platform is available to all individuals who are at least 13 years of age. We have the right, in our sole and absolute discretion, to temporarily suspend or terminate your use of Our Platform and refuse any and all current or future use of all or any portion of Our Platform Our Platform is not available to any temporarily suspended or terminated Find My Zen users. By registering to use Our Platform, you represent and warrant that you are at least 13 years of age. Additional eligibility requirements for a particular Find My Zen Offering may be set by the teacher of the Find My Zen Offering (a “Teacher”) or host (“Host”) of the Find My Zen class.
3. Event Payments
3.1 General. Find My Zen guides choose the price of their individual class (the “Fee”) and fees of classes range widely. Users must pay the Price with a valid credit card. Full payment is required in order to register for a class with Find My Zen. We may, in our sole and absolute discretion, and by notifying you on our website, add, remove or change classes, features, and services we offer or the Fee structure (including the amount or the type of fee) we charge at any time. If we introduce a new class or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.) or any of the changes or additions mentioned in this Paragraph 3.
3.2 Additional Fees Assessed by Teachers & Hosts; Payments Teachers & Hosts. Some Hosts or Teachers may require or request additional fees to compensate for for material costs, supplies, space rental and other expenses (the “Additional Find My Zen Offering Fees”). The Additional Find My Zen Class fees or other event fees are at the discretion of each Teacher or Host, who decide whether such fees are required and how such fees are spent. If you believe any payment to a Teacher or Host is in error, you must contact the Teacher or Host to seek resolution. Teachers or Hosts have full discretion whether and how to spend money in connection with their Find My Zen Class. We do not represent or acknowledge and cannot ensure that a Teacher or Host is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent.
3.3 Consent to Disclosure. You acknowledge and agree that Find My Zen may disclose Your Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order, or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property, or personal safety of Find My Zen, its employees, users, and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole and absolute discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
3.4 Appeareace Release. By agreeing to these terms and conditions you hereby give permission to DABBLE to photograph and/or record me and my voice on still photographs, motion picture film, audio tape and/or video tape or any digital recording medium and to use this material, in whole or in part, through the media of television, film, Internet, multi-media presentation, radio, audiotape, videotape or in printed form or display form for the promotion of DABBLE’s business activities. I, on my behalf, waive any moral rights to such material and any right to remuneration for the use of such material used for this purpose and assign and transfer to DABBLE any and all rights, including copyright, which I may have in this material. In consideration of my possible appearance in any such DABBLE promotional materials or productions and without any further payment from DABBLE, I grant permission to DABBLE to utilize my likeness and voice in connection with the DABBLE promotional materials in any and all manner and media throughout the world in perpetuity. I agree that my participation in the DABBLE promotional materials may be edited in DABBLE’s sole discretion. I consent to the use of my name, likeness and voice in connection with publicity and promotion of the DABBLE promotional materials. I release DABBLE and its agents, employees, licensees and assigns from any and all claims which I have or may have for compensation, invasion of privacy, defamation, or any other legal action arising out of the DABBLE promotional materials including but not limited to the promotion, publicity, production, distribution, broadcast or exhibition of the DABBLE promotional materials. I am 18 years of age or older and hereby represent and warrant that I have full power and authority to execute this agreement and to grant the rights herein granted, and that no other consents, authorizations or payments are necessary to permit the full use and enjoyment by DABBLE of the rights granted herein, and that use of my likeness and voice in accordance with the terms and conditions of this agreement will not violate or infringe upon the copyright, artistic, personal, private, civil or property right, right of privacy, right of publicity, or any other right of any person or entity, nor constitute a libel or slander of any person.
3.5 Dabble Payments to Teachers. All classes listed, paid, and processed through dabble.co are subject to processing fees. Find My Zen charges a minimum 10% processing and admin fee for each “ticket” (registered and paid class participant) sold on the Find My Zen Platform. Teachers may choose how to split up the remaining 90% of the ticket cost between the Teacher (the “Teacher Cut”) and Find My Zen's marketing efforts (the “Marketing Fee”) for each schedule (individual class date). The “Teacher Cut” and “Marketing Fee” may be modified by the Teacher until the time the first ticket is sold for a given schedule. Qualified non-profit organizations that have submitted proof of their 501c3 status may qualify for a minimum 5% Find My Zen Admin Fee split at our discretion. It is always free to list free events.
Teacher Cut (X%) = Total Ticket Cost (100%) - Find My Zen Admin Fee (10% minimum) - Find My Zen Marketing Fee (X%), if any
Total Schedule Payment = Ticket Cost * Number Tickets Sold * Teacher Cut (X%)
Find My Zen will credit the Teacher’s payment account for an individual schedule with a net revenue based on the “Teacher Cut” at the time of payment. The total ticket cost includes all materials fees. Once the Guide's Find My Zen Offering is complete and within a reasonable time, Find My Zen will send Total Schedule Payment to the payment account of the Teacher’s choice. It is the Teacher’s responsibility to ensure that their Payment account can receive incoming payments.
3.6 Find My Zen Payment Processing. Find My Zen uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services teachers agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreements available at https://www.braintreepayments.com/legal/bank-agreement
3.7 Private Event Requests. By listing your event on Find My Zen, with or without an active schedule, you agree to allow members of Find My Zen to message you directly and request private events in the interest of building more business for both your own listing as well as to increase commerce on the Find My Zen platform. As such, all requests for private events that originate from the Find My Zen platform must be ticketed using the Find My Zen payment and registration tools on the platform. Listing on the platform provides protection and insurance for all parties that does not exist for events not ticketed on the site. Furthermore, not listing a private event secured from a Find My Zen lead is grounds for suspension and/or removal from listing and marketing your events on the Find My Zen platform.
4. Your Information
4.1 Definition. “Your Information” is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Find My Zen class, or through the use of Our Platform, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of Our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information” (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as “Private Information.” “Publicly accessible” areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
4.2 Restrictions. In consideration of your use of Our Platform, you agree that Your Information:(a) shall not be fraudulent or materially false;
4.3 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with the terms stated within this document. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Dabble a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
4.4 Restriction on Use of Your Information. Except as otherwise provided, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information about you (including your email address) to any third party.
5. Use of Platform
5.1 Control. You, and not Dabble, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via Our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity, or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you, teachers, hosts, or other users. You understand that by using Our Platform, you may be exposed to information that may be construed as offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by teachers, hosts or other users. You agree that under no circumstances will Dabble, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by teachers, hosts or other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with Our Platform, or for any failure to correct or remove information.
5.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:(a) The use of Our Platform to (including, without limitation, eligibility requirements):
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Dabble reserves the right to remove any post or other material without warning or further notice.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Dabble reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Dabble Meetings at your own risk.
For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Dabble and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.3 Interference with Platform.
You agree that you will not:(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
6.1 Dabble Experiences Through Our Platform we provide tools that enable our users to arrange physical meetings (a “Dabble Class”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Dabble Classes and are not involved in any way with the actions of any individuals at these Dabble Classes. As a result, we have no control over the identity, actions or omissions, whether negligent, grossly negligent, reckless, or intentional, of the individuals who are present at these Dabble Classes, and we request that our users exercise caution and good judgment when attending these Dabble Classes.
6.2 Release. Because we do not supervise or control the Dabble Classes or interactions among or between members of Dabble Classes and other persons or companies, and because we do not conduct background checks, whether criminal or otherwise, on Guides or Hosts, and because we are not involved in any way with physical transportation to or from Dabble Classes or with the actions of any individuals at Dabble Classes, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, 3.3(b) (Dabble Class Fees), nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Guides or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Dabble Class. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction, including Illinois, that would purport to limit the scope of a release or waiver.
6.3 Dabble Event Listing. By listing an event on Dabble, Guides assume full responsibility for the content of the Event offered. Event hosts understand that all content, images, and venues are publicly available to be viewed, acted upon and booked by any student. Dabble will contact Event hosts to confirm the final content of the event listing before it is placed on the Dabble.co website via email or phone. After the final Listing is agreed upon by both Dabble and the event host, the event will be listed on Dabble.co. By listing an Event on Dabble, you agree to honor any registrations through Dabble.co at the price and time listed in the Event listing. Please refrain from posting your email or phone number in your event listing to avoid spam and confusion caused by Dabbler customers contacting you directly. Any action or communication that directs Dabble customers to book directly to avoid paying a fee to Dabble is grounds for removal from the site.
6.4 Event Cancellation and Rescheduling. Dabble reserves the right to cancel or change any Dabble event at any time, for any reason with notice sent to all registered guests and host if not initiated by the event host. All Dabble experiences are valid only for the specified date. Dabble is not responsible for any changes or cancellations made to events by the Guide or Host. Most events must meet an established minimum set by the event host to move forward. If the minimum is not met 25 hours in advance of the event start time, the event will be automatically canceled and all registered guests refunded to the method of payment. If an event is canceled for any reason, Dabble in coordination with the event host, shall arrange a suitable rain check, event credit with the default being a refund to any registered guests with funds generally returned in 1-3 business days. Refunds are not provided to students who are unable to make an event and provide less than 7 days notice. However, a credit for a future event may be given at Dabble or the event host's discretion. In the event of inclement weather, events may be canceled last minute or may still go forward. If the event host decides to cancel, your booking will be transferred to a new date and not refunded. If the new date does not work, your account will be credited. If the event host decided to proceed with the event but you are unable to attend or don't feel safe then every effort will be made to transfer you to future non-sold out date or your account will be credited if no future date is possible. If you need further assistance, contact Dabble’s customer support at: email@example.com.
6.5 Customer Refunds and Review Process. Dabble is a community of lifelong learners and sometimes things don't go quite as planned. We expect everyone to play nice, communicate peacefully, and give the benefit of the doubt that everyone is trying their best. When things really don't go well, Dabble offers a money-back guarantee for any experience that a customer feels did not meet their expectation. Such refunds are processed pending our review of any submitted review or phone/email communication and a response from the event host. After such review, Dabble reserves the right to offer a full or partial refund or deny a customer's refund at our sole discretion regardless of whether or not the customer has left a negative or neutral review through the Dabble platform. At times, Dabble may opt to pay the Dabble event host and still offer a refund to the customer. In the event a Dabble partner is open to a no-cost rebooking coordinated outside of the Dabble platform or within OR an experience is refunded by Dabble regardless of payment to the event host AND the customer has left a negative or neutral review, Dabble reserves the right to remove any review associated with a refunded booking within 7 days in consideration for the rebooking and/or refund.
7. Communications from Dabble and Members of the Dabble Community
7.1 Dabble Communications. You understand that certain communications, such as Dabble service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Dabble Class, are part of Our Platform. By using Our Platform, you expressly agree to receive such communications from Dabble. You may manage your subscriptions to Dabble communications by clicking “unsubscribe” at the bottom of email newsletters; however, some basic communications are a necessary part of Our Platform and may not be disabled.
7.2 Communications with Members of the Dabble Community.
- Your Guide or Host. By joining a Dabble Experience, you understand and agree that you may receive communication from your Guide or Host and their designees in the normal course of utilizing Our Platform. Your Teacher’s or Host’s messages will be relayed to your email address through Our Platform.
- Private email. If you email a Guide or Host directly using our platform, you bear all risk associated with disclosing your email address to that Teacher or Host.
7.3 Role of Guide and Host. You understand that the Guide of a Dabble Lising or Host of a Dabble Event in which you are a participant has the right, in his or her sole and absolute discretion, to temporarily suspend, indefinitely suspend or terminate your participation in his or her Dabble Class, limit or set eligibility requirements for Dabble Class participants, and to temporarily or permanently remove any content or information that you have posted in connection with such Dabble Class. Please be aware that a Guide or Host is: (a) not Dabble’s representative or agent, and therefore a Guide or Host may not enter into contractual relations or obligations on Dabble’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Class participants unless expressly agreed by those Class participants; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Guide/Host or an individual Class participant unless otherwise agreed.
7.4 Use of Pop-up Windows. Dabble will not launch pop-up windows to advertise third-party products or services.
7.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Dabble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
10. Dealings with Marketing Partners and Third Parties
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through Our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Dabble shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of Our Platform.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of Our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a Dabble Class, or your participation as an Teacher or Host or in Dabble Classes (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Dabble Classes). Without limiting the foregoing, you, as a user, Teacher, or Host, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Dabble Class participant or third party due to or arising out of your actions as a user, Teacher, or Host, including your use of money paid to you by members of your Dabble Class.
12. Warranties; Liability
12.1 Disclaimer of Warranties. Your use of Our Platform is at your sole risk. Our Platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of Our Platform. We disclaim any warranties for any information or advice obtained through Our Platform. We disclaim any warranties for services or goods received through or advertised on Our Platform or received through any links provided by Our Platform, as well as for any information or advice received through any links provided through Our Platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you download or otherwise obtain material or data through the use of Our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
12.2 Insurance. Dabble represents that it is covered by a general liability insurance policy.
12.3 Limitation of Liability. You agree that in no event shall Dabble be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dabble has been advised of the possibility of such damages), arising out of or in connection with Our Platform or this Agreement or the inability to use Our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of Our Platform or transportation to or from Dabble Classes, attendance at Dabble Classes, participation in or exclusion from Dabble Classes and the actions or omissions of you or others, including Teachers and Hosts, at Dabble Classes. You further agree that in no event shall Dabble be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages resulting from a Teacher’s, Host’s, or other user’s negligence, gross negligence, recklessness, or intentional action; damages resulting from defective design or condition of any material, object, or fixture used at a Dabble Class; or damages resulting from the defective or dangerous condition of the premises at which a Dabble Class takes place. Dabble’s liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
12.4 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
13. Dispute Resolution
13.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of Our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in a Dabble Class (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at a Dabble Class). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. and hereafter referred to as “JAMS”), or its successor, for mediation pursuant to Section 13.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 13.4. Nonetheless, legal action taken by Dabble to collect any fees and/or recover damages for, or obtain an injunction relating to, our website operations, intellectual property or Our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by Dabble. In addition, either you or Dabble may seek any interim or preliminary relief from a Court of competent jurisdiction in Chicago, Illinois necessary to protect the rights or property of you or Dabble pending the completion of arbitration.
13.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
13.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
13.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 13.2 and 13.3 shall be submitted to final and binding arbitration before JAMS in Chicago, Illinois or , or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
13.5 Enforcement. The provisions of Sections 13.3 and 13.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
13.6 Notice; Waiver. By agreeing to this Agreement you have, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 13, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
13.7 Dispute Resolution By Dabble for the Benefit of Users. We may try to help Dabble members resolve disputes. We do so in our sole and absolute discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of Our Platform or this Agreement with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of Our Platform.
15. Termination; Breach
You agree that we, in our sole and absolute discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular Dabble Class participant or Teacher or Host, or your ability to use all or any portion of Our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users, or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of Our Platform. Termination or suspension of your use of Our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
16. Trademarks; Copyrights; Proprietary Rights
16.1 Dabble’s Trademarks. Dabble trademarks and service marks, and other Dabble logos, products and service names, are trademarks of Dabble (the “Dabble Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Dabble Trademarks without Dabble’s prior written consent.
16.2 Copyrights and Trademarks of Others. Dabble respects the intellectual property of others, and we ask our users to do the same. To the extent Dabble uses a trademark that is the property of a third party, Dabble shall provide clear notice to anyone viewing Dabble’s use of that trademark that (a) Dabble does not own the trademark and that the trademark is the property of a third party, (b) Dabble has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Dabble’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to Our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent (the “Copyright Agent”) the following information (the “Copyright Notice”): 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in the Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Copyright Agent for the Copyright Notice of claims of copyright or other intellectual property infringement can be reached as follows: firstname.lastname@example.org.
16.3 Proprietary Rights. You acknowledge and agree that Our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through Our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Dabble or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Platform, in whole or in part.
17. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Our Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Dabble Class.
18. Additional Terms
18.1 Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail with a return receipt requested to Dabble Attn: Legal Department,Dabble Inc, 2703 W. Thomas Street, #2 Chicago IL 60622 or by email to email@example.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be effective 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing with a valid return receipt from the U.S. post office.
18.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Dabble, superseding any prior agreements between you and Dabble. To the extent that you have previously registered with Dabble and provided Your Information, this Agreement now governs how Dabble may use Your Information, whether provided in the past or the future.
18.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Dabble is intended or created by this Agreement.
18.4 Governing Law and Venue. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and Dabble shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents, and (b) you and Dabble agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.
18.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Dabble, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Dabble’s assets, or similar transaction. You further agree that, in the event of such assignment, Dabble may use Your Information in accordance with Section 4 of this Agreement.
18.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to Our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
18.7 No Waiver. Dabble’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
18.8 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Dabble nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
18.9 Survival. Sections 3.2 (Additional Fees Assessed by Teachers or Hosts; Payments to Teachers or Hosts), 3.3(Dabble Class Fees) 4.3 (License), 5.3 (Interference with Platform), 6.2 (Release), 11 (Indemnity), 12 (Warranties; Liabilities), 13 (Dispute Resolution) and 18.4 (Governing Law) shall survive any termination or expiration of this Agreement.
18.10 Limitation. You and Dabble each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
18.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19. Disclosures; ViolationsThe Platform offered under this Agreement is offered by Dabble Inc., Dabble Inc, 320 W Ohio Street #3W, Chicago IL 60654. Please report any violations of this Agreement by sending a notice of the violation to Dabble by postal mail or email, as follows:
320 W Ohio Street #3W
Chicago, IL 60654
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By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree and consent to all of the terms of this Agreement, including Section 13 which provides that, except as otherwise specified in Section 13.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.