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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THE EDUCATION SUPPORT CENTER VIRTUAL ONLINE BINGO PLATFORM RULES
AND THE EDUCATION SUPPORT CENTER PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY
EDUCATION SUPPORT CENTER SERVICES OR SITE (AS DEFINED BELOW). PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A
MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US
SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
Acceptance of Terms
These terms and conditions of use (“Terms and Conditions”) constitute a legal agreement that governs your relationship with Education Support Center and its affiliated companies (collectively referred to as “ESC” or “We” or “us”) regarding your use of the any Education Support Center branded websites and any Education Support Center’s games and related services, which include applications for mobile devices and internet sites (the “Services”).
These Terms and Conditions apply to any Services provided by or Site operated by Education Support Center, including, without limitation, Education Support Center located at www.educationsupportcenter.org or any other sites on which these Terms and Conditions are posted, and/or where any Education Support Center application, Services, or product is licensed, downloaded or otherwise accessed through third party sites or sources (in each case, the “Site”).
By registering with, using or otherwise accessing the Services, including browsing the Site, accessing the Services with a mobile device or installing software obtained from the Site, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms and Conditions and any other terms and conditions referenced and incorporated herein, including, without limitation, the Virtual Online Bingo Platform Rules (“Virtual Online Bingo Platform Rules”) and the Privacy Policy referenced herein (“Privacy Policy”). If you do not accept these Terms and Conditions, the Virtual Online Bingo Platform Rules and the Privacy Policy, you are not authorized to use the Services.
We may modify these Terms and Conditions, Virtual Online Bingo Platform Rules and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms and Conditions, Virtual Online Bingo Platform Rules or Privacy Policy are posted to the Site. You are responsible for reviewing these Terms and Conditions, Virtual Online Bingo Platform Rules and Privacy Policy for modifications prior to accessing, using or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms and Conditions, Virtual Online Bingo Platform Rules and Privacy Policy, you must cease use of the Services.
Privacy
A link to the Education Support Center Privacy Policy is provided here. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Site you agree to the terms of the Privacy Policy.
Right to Use and Limitations on Use
Subject to your agreement and continued compliance with the Terms and Conditions, Virtual Online Bingo Platform Rules and Privacy Policy, Education Support Center grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported Web browser or mobile device solely for your own non-commercial, entertainment purposes.
You represent and warrant that you are eligible for and have full right and authority to use the Services and to be bound by these Terms and Conditions. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:
1:Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
2:Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks;
3:Create false personas, multiple identities, use bots or other automated software programs to defraud Education Support Center or any third party or take any other action which otherwise violates these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Services are accessed
4:Attempt to obtain passwords or other private information from other users of the Education Support Center Sites (“Players”) including personally identifiable information
5:Use the Services if you have previously been removed or banned by Education Support Center
6:Develop, distribute or use any software programs or other applications that allow a Player to cheat or obtain an unintended advantage while using the Services
7:Exploit or distribute any game error or technical glitch that provides an unintended advantage to a Player
8:Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without Education Support Center’s written permission
9:Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment
10:Attempt to use the Services on or through any website or service that is not authorized by Education Support Center.
Eligibility
To create an account, access or participate in the game, you must be at least 13 years old or older. Failure to comply with this condition will result in the closing of your account and the loss of all winnings acquired through your use of the Services to the extent legally permissible. For the avoidance of doubt, your use of the Services is void where prohibited by law.
Access; Account Info and Passwords
You may create only one (1) account per person to participate in the promotional games on the Website. In the event Education Support Center discovers that you have created or are utilizing more than one (1) account per person Education Support Center reserves the right to suspend, close or terminate any or all of your accounts and void all cash prizes won with any and all accounts as well as cancel all pending payouts.
PURCHASES PAYMENTS ARE FINAL AND NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED REGISTRATION PERIODS
Binding Arbitration and Class Waiver
PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH EDUCATION SUPPORT CENTER AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST EDUCATION SUPPORT CENTER. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST EDUCATION SUPPORT CENTER BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Scope of Arbitration Provision. You and Education Support Center agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Education Support Center Site (including Services) or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions) (a “Dispute”), shall be determined by arbitration, except that you and Education Support Center are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and Education Support Center will not commence against the other a class action, class arbitration or other representative action or proceeding. You and Education Support Center are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these terms of use.
Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
Arbitration will be conducted before a one-member panel of JAMS pursuant to the procedural rules of JAMS subject to certain limitations, including
(i) the arbitration award shall be limited to actual costs incurred by the claimant and excludes punitive damages, injunctions or any other forms of relief
(ii) the arbitration proceeding will take place in Boston, Massachusetts
(iii) any claim or dispute will be resolved individually and NOT as part of a class or group.
The arbitration proceeding shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16) with the judgment of the arbitrator being enforceable in any United States Federal Court. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal by a tribunal of competent jurisdiction, or conflicts with the rules of JAMS, the invalid/unenforceable/illegal provision will be stricken and replaced with a substitute provision which best captures the original intent of Education Support Center Games and is valid, enforceable and legal, with the balance of this arbitration provision remaining in effect. If, however, (iii) above is found to be invalid, unenforceable or illegal by a tribunal of competent jurisdiction, then this arbitration provision shall be void in its entirety; and, in such case, any claim or dispute must be brought in either the U.S. District Court for the District of California.
Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under “Waiver of Class Relief” or as otherwise expressly provided herein, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Education Support Center shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Education Support Center will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.
You and Education Support Center agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including Services) or these Terms and Conditions, the Universal Platform Rules or the Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled “Binding Arbitration and Class Waiver” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Intellectual Property Ownership
Education Support Center and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Content”). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark (“Trademarks”) used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to Education Support Center by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Education Support Center is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to Education Support Center for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
Copyright Notice
Education Support Center respects the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following information:
1:A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2:A clear description of the copyrighted work that you claim has been infringed
3:A description of where the material that you claim is infringing is located in the Services;
4:Your location, 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 your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Education Support Center
9950 Campo Road, Suite 203B, Spring Valley, Ca. 91977
By email: [email protected]
You agree that Education Support Center, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
Limitation of Liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR ANY OF EDUCATION SUPPORT CENTER, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF EDUCATION SUPPORT CENTERAND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID EDUCATION SUPPORT CENTER IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
Release of Liability
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Released Parties harmless from and against all claims, damages, losses, liability, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, access to, or activities in connection with the Services or (b) any violation of these Terms and Conditions by you or through your account. This defense and indemnification obligation will survive the termination or expiration of these Terms and Condition and your use of the Services.
Disclaimer of Warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Virtual Online Bingo Platform Rules
There are official rules which apply to the actual play of the games on the Education Support Center’s game. These rules are very important and should be reviewed prior to playing.
Hacking or Tampering with the Services
You agree that Education Support Center is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
Disputes with Others
Education Support Center reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Players of the Services. If you have a dispute with other Players, you release and hereby agree to indemnify Education Support Center from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Legality
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree Education Support Center cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. Education Support Center makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Education Support Center have authority to make any such representations or warranties. Education Support Center reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
Links to Third Party Sites
Although the Services may contain links to third party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
