

Terms
of Use
These
Terms of Use were last updated on May 16, 2018.
The content of this course is not intended to provide therapy. If problems persist or are severe, you should seek the help of a mental health professional. The Pause Platform Online courses are approved for INDIVIDUAL USE ONLY. It is not approved for group facilitation or for use in any group setting, unless otherwise promoted or agreed to in writing by ScreamFree Omnimedia, LLC.
1. Introduction
THESE
TERMS OF USE ("TERMS") BIND YOU, THE COMPANY YOU REPRESENT, AND THE
COMPANY THAT REGISTERED YOU (COLLECTIVELY "YOU") TO THE TERMS AND
CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF SCREAMFREE OMNIMEDIA,
LLC'S ("OUR", "WE", "US", OR "SCREAMFREE")
SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS APPLE
TV, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR "SERVICES").
BY USING ANY OF THE SCREAMFREE SERVICES OR CLICKING ON THE "SIGNUP"
BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL
THESE TERMS, CLICK ON THE "X" BUTTON AND DO NOT USE THE SCREAMFREE
SERVICES. SCREAMFREE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO
ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE
CONSIDERED AN OFFER BY SCREAMFREE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS.
Pre-arbitration
clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH SCREAMFREE
THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT),
AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN
SECTION 18.
All
capitalized terms used and not otherwise defined herein shall have the meaning
ascribed to them in ScreamFree's Privacy Policy ("Privacy
Policy").
Any
version of these Terms of Use in a language other than English is provided for
convenience and you understand and agree that the English language will control
if there is any conflict.
2. Additional Agreements
Any
personal information submitted in connection with Your use of the Services is
subject to Our Privacy Policy which is hereby incorporated by reference into these Terms.
3. General
Our
Services enable students ("Students") to connect with Hal Runkel and
the ScreamFree content via Our Services. The Services include, without
limitation, facilitating and hosting Courses and supporting materials.
From
time to time, We may update these Terms to clarify our practices or to reflect
new or different practices, such as when We add new features, and ScreamFree
reserves the right in its sole discretion to modify and/or make changes to
these Terms at any time. If We make any material change to these Terms, We will
notify You using prominent means such as by email notice sent to the email
address specified in Your Account or by posting a notice through Our Services.
Modifications will become effective on the day they are posted unless stated
otherwise.
Your
continued use of Our Services after changes become effective shall mean that
You accept those changes. You should visit the Services regularly to ensure You
are aware of the latest version of the Terms, as any revised Terms shall
supersede all previous Terms.
ScreamFree
may modify the Services or discontinue their availability at any time.
You
are solely responsible for all service, telephony, data charges and/or other
fees and costs associated with Your access to and use of the Services, as well
as for obtaining and maintaining all telephone, computer hardware, and other
equipment required for such access and use.
If
You elect to access or use Our Services that involve payment of a fee, then You
agree to pay, and will be responsible for payment of, that fee and all taxes
associated with such access or use. If You provide credit card information to
pay for such fees, then You hereby represent and warrant that You are
authorized to supply such information and hereby authorize ScreamFree to charge
Your credit card on a regular basis to pay the fees as they are due.
If
Your payment method fails or Your Account is past due, then We may collect fees
owed using other collection mechanisms. This may include charging other payment
methods on file with Us and/or retaining collection agencies and legal counsel.
We may also block Your access to any Services pending resolution of any amounts
due by You to ScreamFree.
All
of Your use, access and other activities relating to the Services must be in
compliance with all applicable laws and regulations, including, without
limitations, laws relating to copyright and other intellectual property use,
and to privacy and personal identity. Further, access to Our Services from
territories where their contents are illegal is prohibited. Those who choose to
access or use the Services from locations outside of the United States do so at
their own initiative and are responsible for compliance with all local rules
including, without limitation, rules about the internet, data, e-mail, or
privacy. You further agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which You reside. If You use the Services or Third-Party Platforms (as
defined in the next section) from countries outside of the United States, You
must agree to abide by all local rules regarding online conduct and acceptable
content.
4. General Disclaimer
The
Services offer a Community of Students. We are not responsible for disputes,
claims, losses, injuries, or damage of any kind that might arise out of or
relate to conduct of Students, including, but not limited to, any Student's
reliance upon any information provided by our Services.
The
Services may give You access to links to Third-Party content, either directly
or through Courses. ScreamFree does not specifically endorse any of this Third-Party
content and does not control them in any manner. They are included strictly for
education and/or entertainment value. Accordingly, ScreamFree does not assume
any liability associated with Third-Party content.
5. Conduct
You
may only access the Services for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws, rules, and regulations
pertaining to Your use of the Services. You agree not to use the Services or
the Company Content (as defined below) to recruit, solicit, or contact in any
form, or potential users for employment or contracting for a business not affiliated
with Us without Our advance written permission, which may be withheld in Our
sole discretion. You assume any and all risks from any meetings or contact
between You and any Instructors or other Users of the Services.
6. Specific Obligations of Students
As
a Student, You represent, warrant and covenant that:
Students
understand and agree that Instructors from whom Students may have purchased
Course(s) may choose to terminate their Accounts with ScreamFree and become
inactive. ScreamFree does not guarantee Instructor availability to Students and
shall not be held liable for any issues relating to Instructor availability.
7. Registration
To
use certain Services, You will need to register and obtain an account and
password. When You register, the information You provide to Us during the
registration process will help Us in offering content, customer service, network
management and other services. You are solely responsible for maintaining the
confidentiality of Your account, Username, and password (collectively, Your
"Account") and for all activities associated with or occurring under
Your Account. You represent and warrant that Your Account information will be
accurate at all times. You must notify Us (a) immediately of any unauthorized
use of Your Account and any other breach of security, and (b) ensure that You
exit from Your Account at the end of each use of the Services. To the extent
permissible under applicable law, we cannot and will not be responsible for any
loss or damage arising from Your failure to comply with the foregoing
requirements or as a result of use of Your Account, either with or without Your
knowledge, prior to Your notifying Us of unauthorized access to Your Account.
You
may not transfer Your Account to any other person and You may not use anyone
else's Account at any time. In cases where You have authorized or registered
another individual, including a minor, to use Your Account, You are fully
responsible for (i) the online conduct of such Student; (ii) controlling that
Student's access to and use of the Services; and (iii) the consequences of any
misuse.
8. Content, Licenses & Permissions
All
software, technology, designs, materials, information, communications, text,
graphics, links, electronic art, animations, illustrations, artwork, audio
clips, video clips, photos, images, reviews, ideas, and other data or
copyrightable materials or content, including the selection and arrangements
thereof is "Content." Where ScreamFree provides Content to You in
connection with the Services, including, without limitation, the software, the
products and the site, it is "Company Content". Content uploaded, transmitted
or posted to the Services by a User is "Submitted Content". Content
remains the proprietary property of the person or entity supplying it (or their
affiliated and/or Third-Party providers and suppliers) and is protected,
without limitation, pursuant to U.S. and foreign copyright and other
intellectual property laws. You hereby represent and warrant that You have all
licenses, rights, consents, and permissions necessary to grant the rights set
forth in these Terms to ScreamFree with respect to Your Submitted Content and
that ScreamFree shall not need to obtain any licenses, rights, consents, or
permissions from, or make any payments to, any Third-Party for any use or
exploitation of Your Submitted Content as authorized in these Terms or have any
liability to You or any other party as a result of any use or exploitation of
Your Submitted Content as authorized in these Terms.
ScreamFree
hereby grants You (as a User) a limited, non-exclusive, non-transferable
license to access and use Submitted Content and Company Content, for which You
have paid all required fees, solely for Your personal, non- commercial,
educational purposes through the Services, in accordance with these Terms and
any conditions or restrictions associated with particular Courses or Services.
All other uses are expressly prohibited absent Our express written consent. You
may not reproduce, redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, create derivative works of, license, or
otherwise transfer or use any Submitted Content or Company Content unless We
give You explicit permission to do so. Submitted Content and Company Content is
licensed, and not sold, to You. Instructors may not grant You license rights to
Submitted Content You access or acquire through the Services and any such
direct license shall be null and void and a violation of these Terms.
Notwithstanding
the foregoing, We reserve the right to revoke this license to access and use
Submitted Content and Company Content granted to You as described above, as
further detailed in section 15 below.
SCREAMFREE
RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT
AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING
THE FOREGOING, SCREAMFREE DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF
THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND SCREAMFREE SHALL HAVE NO
LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF
THE SUBMITTED CONTENT ON THE SERVICES OR THROUGH THE SERVICES IS INTENDED TO
ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF
VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR
PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of
Yours violates any law or regulation or is inaccurate or poses any risk
whatsoever to a Third-Party it is Your responsibility to take such steps You
deem necessary to correct the situation. If You believe that Submitted Content
of a Third-Party or any Company Content violates any laws or regulations,
including, without limitation, any copyright laws,
All
rights not expressly granted in these Terms are retained by the Content owners
and these Terms do not grant any implied licenses.
You
may decide to send us unsolicited ideas, including ideas for new promotions,
products, services, applications, technologies or processes or other ideas
(collectively, "User Ideas"). You must not transmit any User Ideas to
or through the Services or Third-Party Platforms, or to Us through e-mail, that
You consider to be confidential or proprietary. You agree that We shall not be
required to treat any User Ideas as being confidential or proprietary. You are
responsible and liable for any User Ideas You submit. You agree that by
submitting User Ideas to Us, including any concepts, know-how or ideas, You
hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free,
sublicenseable and transferable license to use, reproduce, distribute, sell,
exploit, prepare derivative works of and display the User Ideas in connection
with the Services, and for ScreamFree's (and its successor's) business, including
without limitation, for promoting and redistributing part or all of the User
Ideas (and derivative works thereof) in any media formats and through any media
channels whether now known or hereafter developed, without payment or
accounting to You or others. We are under no obligation to evaluate, review, or
use any User Idea.
9. Pricing, Payment & Taxes
i. Pricing.
Pricing of ScreamFree Courses and associated
payment terms are listed on our course and pricing pages, respectively. You agree to pay the fees for Courses that You purchase, and
hereby authorize Us to charge Your credit card for such fees. If Your credit
card is declined, You agree to pay Us the fees within thirty (30) days of
notification from Us, and pay (at Our discretion) a late payment charge of 1.5%
per month, or the maximum permitted by law, whichever is greater.
ii. Payment.
All payments are made to ScreamFree Omnimedia,
LLC.
Monthly Payments
Some courses offer the ability to spread your payments out over the course of a year. In this case, a first month's fee will be paid at checkout, and then 11 smaller, identical amounts will be charged at one month intervals. The total of the 12 payments will typically be 5-10% more than paying the full amount up front.
If your credit card is declined for a future billing and the situation is not remedied with 7 days of us making you aware of such issue, your access to the platform will be immediately suspended.
Monthly/Annual Subscriptions
Most courses offer the ability to gain access on a monthly or annual subscription. This is ideal if you are on a budget or if you are not sure how long you will want access to the course. Billing will be automatic each month on the same day/time as your original subscription, unless you cancel. If your credit card is declined for a future billing and the situation is not remedied with 7 days of us making you aware of such issue, your access to the platform will be immediately suspended.
European Union Users. By purchasing Courses
(e.g. clicking or tapping the relevant purchase button), You are confirming
that You want the Course immediately credited to Your Account and that by doing
so You are hereby waiving any and all cancellation rights under applicable
laws, including but not limited to the EU Consumer Rights Directive
(2011/83/EU) and/or any national laws implementing it. Notwithstanding the
foregoing, You will still be eligible for the 48-hour refund right as set forth
in this section 9-vi. For avoidance of any doubt, refunds to You shall be
applicable only in accordance with our refund policy described in this section 9-vi.
iii. Taxes.
European Union. In the event that the sale or
delivery of a Course or any Submitted Content to any Student in the European
Union is subject to any value added tax ("VAT"), under applicable
law, ScreamFree will collect and remit the VAT to the competent tax authorities
for sales of such Courses or Submitted Content to Students in the European
Union. ScreamFree may at its own discretion increase the Sale Price where ScreamFree
is of the view that VAT may be due and ScreamFree will have a liability to
account for such. You will indemnify and hold ScreamFree harmless against any
and all claims by any tax authority for any underpayment of VAT, and any
penalties and/or interest thereon.
All Other Countries. For sales of any Courses
or Submitted Content in countries other than the European Union, You are
responsible for remitting the taxes to the appropriate taxing authority (which
may be different to the tax authority in Your own location). ScreamFree is
unable to provide You with tax advice and You should consult Your own tax
advisor.
iv. Rounding Off.
Some currencies are denominated in large
numbers. In those cases, ScreamFree may determine the functional base unit in
which those currencies are denominated to be 10, 100 or 1,000 of the currency;
the corresponding examples for such currencies would be for ScreamFree to round
up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to
35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to
837,000.
v. Foreign Currency.
When browsing without logging in to Your
Account, the Services will default the Sale Currency to the currency used in
Your current geographic location. When you are logged in to Your Account, the
Sale Currency will be based on Your geographic location as set upon Account
signup. You cannot change Your displayed currency.
Each foreign currency conversion is processed
at a foreign currency conversion rate. This rate generally refers to the amount
of one currency that must be paid to buy a certain amount of another currency
at a given time. For example, if it costs US$125.00 to buy €100.00, the
currency conversion rate of US dollars to Euros would be 1.25, and the currency
conversion rate from Euros to US dollars would be 0.8. Currency conversion
rates will vary from time to time.
vi. Refunds.
ScreamFree offers Students a free trial of each
course on the Pause Platform. Forty-eight (48)-hour, no-questions-asked money
back guarantee on Courses that are purchased on the ScreamFree website
(at www.screamfree.com or www.pauseplatform.com). Any Courses
purchased through Third-Party Platforms or affiliates will not be eligible for
refunds. If You, as a Student, are unhappy with such a Course and request a
refund within Forty-eight (48)-hour of the time that You paid for access to
that Course, We will provide You with a full refund of the amount You paid. To
request a refund, please contact Us via support@screamfree.com. Please note that if
We believe that You are abusing Our refund policy in Our sole discretion, We
reserve the right to suspend or terminate Your Account and refuse or restrict
any and all current or future use of the Services, without any liability to
You.
10. Trademarks
The
trademarks, service marks, and logos (the "Trademarks") used and
displayed through Our Services or in any Company Content are Our registered or unregistered
Trademarks or of Our suppliers or third parties and are protected pursuant to
U.S. and foreign trademark laws. All rights are reserved, and You may not alter
or obscure the Trademarks, or link to them without Our prior approval.
11. Warranty Disclaimer
THE
SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS
MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCREAMFREE AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. SCREAMFREE AND ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR
SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS,
THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON
ANY THIRD-PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO
OPINION, ADVICE OR STATEMENT OF SCREAMFREE OR ITS AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE
THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE,
SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT
LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT
YOUR OWN RISK.
12. Limitation of Liability
NEITHER
SCREAMFREE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF
DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR
MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM,
SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED,
ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD-PARTY PLATFORM. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY
PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS OR
ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS,
PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO SCREAMFREE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE,
SHALL BE THE TOTAL AMOUNT PAID BY YOU TO SCREAMFREE IN THE PRECEDING TWELVE
(12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND SCREAMFREE OR A REPRESENTATIVE OF SCREAMFREE
CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY
ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT
INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE
EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
Inaccuracies. A possibility
exists that the Services provided on any Third-Party Platform could include
inaccuracies or errors, or information or materials that violate these Terms.
Additionally, a possibility exists that unauthorized alterations could be made
by third parties to the Services available on any Third-Party Platform.
Although ScreamFree attempts to ensure the integrity of the Services on Third-Party
Platforms, we make no guarantees as to the Services' completeness or
correctness. In the event that a situation arises in which the Services'
completeness or correctness is in question, please submit a request to privacy@screamfree.com (with the
subject line "Inaccuracies in Services on Third-Party Platform Name")
with, if possible, a description of the Services to be checked and the location
(URL) where such Services can be found on Our Services or Third-Party Platform
at issue, as well as information sufficient to enable Us to contact You. We
will try to address Your concerns as soon as reasonably practicable.
System
Outages. ScreamFree’s platform hosts periodically schedules system
downtime for the Services for maintenance and other purposes. Additionally,
unplanned system outages may occur. You agree that ScreamFree has no
responsibility and is not liable for: (a) the unavailability of the Services
including those available on Third-Party Platforms; (b) any loss of materials,
data, transactions or any other information or materials caused by such system
outages; (c) the resultant delay, mis-delivery, or non-delivery of data,
transactions or any other information or materials caused by such system
outages; or (d) any outages caused by any third parties, including without
limitation, any companies or servers hosting the Services, any Internet service
providers, any Third-Party Platforms, or any Internet facilities and networks.
13. Indemnification
You
hereby indemnify, defend and hold harmless ScreamFree, and its affiliates,
officers, directors, agents, partners, employees, licensors, representatives
and Third-Party providers from and against all reasonably foreseeable losses,
expenses, damages, costs, claims and demands, including reasonable attorneys'
fees and related costs and expenses, due to or arising out of Your breach of
any representation or warranty hereunder. We reserve the right, at Our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by You under this Section 13, and in such case, You
agree to fully cooperate as reasonably required with such defense and in
asserting any available defenses.
Statute
of Limitations. Any claim or cause of action arising out of or related to
use of the Services, the Terms, or any services or information available
through Third-Party Platforms, must be filed within 1 year after such claim or
cause or action arose regardless of any statutes or law to the contrary. In the
event any such claim or cause of action is not filed within such 1-year period,
such claim or cause of action are forever barred.
14. Termination
ScreamFree
reserves the right to terminate, suspend, modify, or delete, at Our sole
discretion, any (a) Submitted Content, Company Content, Courses, or any
Service; and (b) Your access to Our Services or Your Account, as follows:
15. Electronic Notices
By
using Our Services or communicating with ScreamFree, You agree that ScreamFree
may communicate with You electronically regarding security, privacy, and
administrative issues relating to Your use of the Services or these Terms. If ScreamFree
learns of a security system's breach, ScreamFree may attempt to notify You
electronically by posting a notice through the Services or sending an email to
You. You may have a legal right to receive this notice in writing. To receive
free written notice of a security breach (or to withdraw Your consent from
receiving electronic notice), please write to ScreamFree at support@screamfree.com. Notice will be
deemed given twenty-four hours after e-mail is sent, unless the sending party
is notified that the e-mail address is invalid. Alternatively, ScreamFree may
give You legal notice by mail to a postal address, if provided by You through
Your use any of the Services. In such case, notice will be deemed given three
days after the date of mailing.
16. Miscellaneous
Entire
Agreement. These Terms and any policies applicable to You posted on
Our Services constitute the entire agreement between the parties with respect
to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter.
Severability. If any provision
of these Terms is found to be illegal, void or unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of
these Terms may be waived only by a written instrument executed by the party
entitled to the benefit of such provision. The failure of ScreamFree to
exercise or enforce any right or provision of these Terms will not constitute a
waiver of such right or provision.
Notice. Any notice or
other communication to be given hereunder will be in writing and given by
facsimile, postpaid registered or certified mail return receipt requested, or
electronic mail.
No
Agency. Nothing in these Terms shall be construed as making either
party the partner, joint venture, agent, legal representative, employer,
contractor or employee of the other. Neither ScreamFree nor any other party to
these Terms shall have, or hold itself out to any Third-Party as having, any
authority to make any statements, representations or commitments of any kind,
or to take any action that shall be binding on the other except as provided for
herein or authorized in writing by the party to be bound.
Governing
Laws. These Terms and Your use of the Services shall be governed
by the substantive laws of the State of Georgia without reference to its choice
or conflicts of law principles that would require the application of the laws
of another jurisdiction, and shall be considered to have been made and accepted
in the State of California.
18. Agreement to Arbitrate and Class Action
Waiver
THIS
SECTION ONLY APPLIES TO USERS IN THE US AND CANADA.
Before
bringing a formal legal case, please first try contacting our support team
at support@screamfree.com.
Most disputes can be resolved that way.
We
Both Agree to Arbitrate. If we can't resolve our dispute amicably, You and ScreamFree
agree to resolve any claims relating to these Terms, or any of Our other terms
posted on Our Services from time to time, through final and binding
arbitration. This applies to all kinds of claims under any legal theory.
Either
of Us can bring a claim in small claims court either in Georgia, or the county
where You live, or some other place we both agree on, if it qualifies to be
brought in that court.
In
addition, if You or ScreamFree brings a claim in court that should be
arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated,
the other of Us can ask a court to force Us to go to arbitration to resolve the
claim (i.e., compel arbitration). You or ScreamFree may also ask a court to
halt a court proceeding while an arbitration proceeding is ongoing.
No
Class Actions. We all agree that we can only bring a claim against each
other on an individual basis. That means: (a) neither You nor ScreamFree can
bring a claim as a plaintiff or class member in a class action, consolidated
action or representative action; (b) an arbitrator cannot combine more than one
person's claim into a single case, and cannot preside over any consolidated,
class or representative arbitration proceeding (unless we both agree to change
this); (c) an arbitrator's decision or award in one person's case can only
impact the person who brought the claim, not other Users, and cannot be used to
decide other disputes with other Users. If a court decides that this subsection
on "No Class Actions" is not enforceable or valid, then the entire
Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and
void, but, the rest of the Terms will still apply.
The
Arbitration Process. Any disputes between You and ScreamFree relating to the
Services that involve a claim of less than US$10,000 must be resolved exclusively
through binding non-appearance-based arbitration. A party electing arbitration
shall initiate proceedings by filing an arbitration demand with the American
Arbitration Association (AAA). The arbitration proceedings shall be governed by
the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and
Supplementary Procedures for Resolution of Consumer-Related Disputes. In
addition, You and ScreamFree agree that the following rules shall apply to the
arbitration proceedings: (a) the arbitration shall be conducted, at the option
of the party seeking relief, by telephone, online, or based solely on written
submissions; (b) the arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. Any disputes between You and ScreamFree
relating to the Services that involve a claim of less than US$10,000 must be
resolved in accordance with the AAA's rules about whether the arbitration
hearing has to be in-person.
Jurisdiction for Legal Disputes Not Subject to Arbitration.
Changes. Notwithstanding the provisions of the modification-related provisions above, if ScreamFree changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ScreamFree written notice of such rejection by mail or hand delivery to: ScreamFree Omnimedia, LLC, 45 Technology Parkway S, Ste 240, Peachtree Corners, GA 30092, or by email from the email address associated with your Account to: info@screamfree.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and ScreamFree in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).Sign in/up with Facebook
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Wouldn't it be a good idea to create a course?