Mindful Littles Educator Portal Terms of Use
Last Updated: 03/30/2020
Welcome, and thank you for your interest in Mindful Littles (“Mindful Littles,†“we,†or “usâ€) and our Educator Portal at mindfullittles.org/login, along with our related online content and services provided by us (collectively, the “Educator Portalâ€). These Terms of Use are a legally binding contract between you and Mindful Littles regarding your use of the Educator Portal.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,†OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE EDUCATOR PORTAL, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE EDUCATOR PORTAL, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MINDFUL LITTLES’ PRIVACY POLICY (TOGETHER, THESE “TERMSâ€). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Educator Portal. YOUR USE OF THE EDUCATOR PORTAL, AND MINDFUL LITTLES’ PROVISION OF THE EDUCATOR PORTAL TO YOU, CONSTITUTES AN AGREEMENT BY MINDFUL LITTLES AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MINDFUL LITTLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14.)
1.     Mindful Littles Educator Portal Overview. Mindful Littles is a 501(c)(3) education nonprofit leading a compassion movement. Our Educator Portal provides mindfulness resources, including bite-sized practices complete with grade-appropriate assignments (collectively, the “Contentâ€), for teachers and educators to use with their students to practice everyday peace and compassion habits.
2.     Eligibility. You must be at least 18 years old to use the Educator Portal. If you are not at least 18 years old, please do not use the Educator Portal. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Educator Portal; and (c) your registration and your use of the Educator Portal is in compliance with any and all applicable laws and regulations. If you are an entity or organization the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3.     Accounts and Registration. To access most features of the Educator Portal, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@mindfullittles.org.
4. Licenses
4.1Â Â Â Â Â Â Â Â Â Limited License. Subject to your complete and ongoing compliance with these Terms, Mindful Littles grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
a.        access and use the Educator Portal; and
b.        reproduce, distribute, publicly display, and publicly perform the Materials (as defined below) and Content (i) solely as part of your online classroom platform, and (ii) solely to the extent necessary for educational use by your students.
4.2Â Â Â Â Â Â Â Â Â License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Materials or Content except as allowed under Section 4.1, or (b) interfere with or circumvent any feature of the Educator Portal, including any security or access control mechanism. If you are prohibited under applicable law from using the Educator Portal, you may not use it.
4.3         Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Educator Portal (“Feedbackâ€), then you hereby grant Mindful Littles an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Educator Portal and create other products and services.
5.     Ownership; Proprietary Rights. The Educator Portal is owned and operated by Mindful Littles. The Content, as well as the visual interfaces, graphics, design, compilation, information, and all other elements of the Educator Portal (“Materialsâ€) provided by Mindful Littles are protected by intellectual property and other laws. All Materials included in the Educator Portal are the property of Mindful Littles or its third-party licensors. Except as expressly authorized by Mindful Littles, you may not make use of the Materials. Mindful Littles reserves all rights to the Materials not granted expressly in these Terms.
6.     Third Party Terms
- . Mindful Littles may provide tools through the Educator Portal that enable you to export information to third-party services, including through features that allow you to post a comment on a Mindful Littles blog post with an account on the third-party service, such as Twitter or Facebook. By using one of these tools, you agree that Mindful Littles may transfer that information to the applicable third-party service. Third-party services are not under Mindful Littles’ control, and, to the fullest extent permitted by law, Mindful Littles is not responsible for any third-party service’s use of your exported information. The Educator Portal may also contain links to third-party websites. Linked websites are not under Mindful Littles’ control, and Mindful Littles is not responsible for their content.
- The Educator Portal may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Componentsâ€). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses.
7. Communications.
- . If you sign up for our mailing list, we may send you educator email updates with information about our updated Content, events, services, activities and additional mindfulness resources. You may opt out of these emails by following the unsubscribe instructions in the email itself.
8.     Prohibited Conduct. BY USING THE EDUCATOR PORTAL YOU AGREE NOT TO:
a.        use the Educator Portal for any illegal purpose or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
c.        interfere with security-related features of the Educator Portal, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Educator Portal except to the extent that the activity is expressly permitted by applicable law;
d.        interfere with the operation of the Educator Portal or any user’s enjoyment of the Educator Portal, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Educator Portal; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Educator Portal;
e.        perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Educator Portal account without permission, or falsifying your age or date of birth;
f. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or
g. attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
9.     Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Educator Portal. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
10.  Term, Termination and Modification of the Educator Portal
10.1Â Â Â Â Â Â Term. These Terms are effective beginning when you accept the Terms or first access or use the Educator Portal, and ending when terminated as described in Section 10.2.
10.2Â Â Â Â Â Â Termination. If you violate any provision of these Terms, your authorization to access the Educator Portal and these Terms automatically terminate. In addition, Mindful Littles may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Educator Portal, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@mindfullittles.org.
10.3Â Â Â Â Â Â Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Educator Portal; (b) you will no longer be authorized to access your account or the Educator Portal; and (c) Sections 4.3, 5, 10.3, 12, 0, 14, 15 and 18 will survive.
10.4Â Â Â Â Â Â Modification of the Educator Portal. Mindful Littles reserves the right to modify or discontinue the Educator Portal at any time (including by limiting or discontinuing certain features of the Educator Portal), temporarily or permanently, without notice to you. Mindful Littles will have no liability for any change to the Educator Portal or any suspension or termination of your access to or use of the Educator Portal.
11. Indemnity. To the fullest extent permitted by law, you are solely responsible for:
a.   your use of the Educator Portal;
b. the supervision, direction and control of your affiliates, directors, officers, employees, contractors, and agents (collectively, “Educator Personnelâ€) at all times;
c. your and Educator Personnel’s interactions with students and any other parties to whom you provide the Materials (collectively, “Studentsâ€);
d. your and Educator Personnel’s use of the Materials with Students; and
e. your and Educator Personnel’s compliance with applicable laws and policies, including your school or organization’s own internal policies.
You represent, warrant, and covenant that you will comply with applicable laws and policies in connection with these Terms, including performance of obligations and exercise of rights hereunder, and ensure that Educator Personnel will do the same. You will defend and indemnify Mindful Littles and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Mindful Littles Entitiesâ€) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your or Educator Personnel’s use of, unauthorized use of, or misuse of, the Educator Portal or Materials; (b) your or Educator Personnel’s violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or policy; (c) your or Educator Personnel’s violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any representations or warranties made by you or Educator Personnel with respect to the Materials; (e) any personal injury, harassment, or property damage attributable to or caused by you or Educator Personnel (including any claims made by or on behalf of Students); or (f) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
12. Disclaimers; No Warranties
THE EDUCATOR PORTAL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE EDUCATOR PORTAL ARE PROVIDED “AS IS†AND ON AN “AS AVAILABLE†BASIS. MINDFUL LITTLES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE EDUCATOR PORTAL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE EDUCATOR PORTAL, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MINDFUL LITTLES DOES NOT WARRANT THAT THE EDUCATOR PORTAL OR ANY PORTION OF THE EDUCATOR PORTAL, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE EDUCATOR PORTAL, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MINDFUL LITTLES DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EDUCATOR PORTAL OR MINDFUL LITTLES ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE EDUCATOR PORTAL WILL CREATE ANY WARRANTY REGARDING ANY OF THE MINDFUL LITTLES ENTITIES OR THE EDUCATOR PORTAL THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT GUARANTEE ANY RESULTS FROM YOUR USE OF THE EDUCATOR PORTAL. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE EDUCATOR PORTAL AND YOUR DEALING WITH ANY OTHER EDUCATOR PORTAL USER.
YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE EDUCATOR PORTAL AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT USE OF ANY PORTION OF THE EDUCATOR PORTAL, PARTICULARLY PARTICIPATION IN THE EVENTS, PROGRAMS, OR OTHER ACTIVITIES DESCRIBED IN, PROMOTED BY, OR ACCESSED THROUGH OUR EDUCATOR PORTAL, CARRIES WITH IT A CERTAIN ELEMENT OF INHERENT RISK, AND THAT BY USING THE EDUCATOR PORTAL, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS OF INJURY, BOTH FORESEEN AND UNFORESEEN AND WHICH CANNOT BE ELIMINATED DUE TO THE NATURE OF THE ACTIVITIES. THESE RISKS INCLUDE HARM TO YOURSELF, YOUR PROPERTY, AND HARM TO OTHERS. YOU HEREBY VOLUNTARILY, KNOWINGLY, AND FREELY ACCEPT AND ASSUME FULL RESPONSIBILITY AND RISK OF INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY LOSS OR DAMAGE, LOSS OF DATA (INCLUDING USER CONTENT), ANY LOSS OR LIABILITY, AND ANY COST THAT MAY BE INCURRED WHILE USING OR THROUGH USE OF THE EDUCATOR PORTAL, AND THUS ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY AND ALL MINDFUL LITTLES REQUIREMENTS AND POLICIES.
IN CONSIDERATION OF BEING PERMITTED TO USE THE EDUCATOR PORTAL, YOU, WHILE FULLY RECOGNIZING THE DANGERS AND HAZARDS INHERENT IN USING THE EDUCATOR PORTAL, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FULLY AND FINALLY AGREE THAT YOU AND YOUR HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS AND ASSIGNS WILL NOT MAKE OR PARTICIPATE IN A CLAIM OF ANY TYPE AGAINST OR SUE, AND HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS MINDFUL LITTLES, ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, AND PRESENT AND FORMER OFFICERS, DIRECTORS, INSURERS, EMPLOYEES, VOLUNTEERS, INTERNS, AGENTS, ASSIGNS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIESâ€) FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS OR DEMANDS THAT YOU, YOUR HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS NOW HAVE OR MAY HEREAFTER HAVE FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY LOSS OR DAMAGE, THEFT, ANY LOSS OR LIABILITY, AND ANY COST IN CONNECTION WITH YOUR USE OF THE EDUCATOR PORTAL, OR ARISING FROM THE NEGLIGENCE OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES OR ANYONE ELSE RELATED TO OR IN ANY WAY CONNECTED TO THE EDUCATOR PORTAL. THIS RELEASE INCLUDES INJURY OR DAMAGE CAUSED BY NEGLIGENCE, ACTIVE OR PASSIVE, OF THE RELEASED PARTIES.
THIS SECTION IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND IS INTENDED TO INCLUDE A RELEASE OF ALL CLAIMS, BOTH KNOWN AND UNKNOWN, AND A WAIVER OF ANY LAWS LIMITING A RELEASE OF UNKNOWN CLAIMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.†IF ANY PROVISION OR ANY PART OF ANY PROVISION OF THIS SECTION 12 IS HELD TO BE INVALID OR LEGALLY UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS SECTION 12 SHALL NOT BE AFFECTED THEREBY AND SHALL REMAIN VALID AND FULLY ENFORCEABLE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Mindful Littles does not disclaim any warranty or other right that Mindful Littles is prohibited from disclaiming under applicable law.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MINDFUL LITTLES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE EDUCATOR PORTAL OR ANY MATERIALS OR CONTENT ON THE EDUCATOR PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MINDFUL LITTLES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 14.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OFTHE MINDFUL LITTLES ENTITIESÂ TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Dispute Resolution and Arbitration
14.1Â Â Â Â Â Â Generally. In the interest of resolving disputes between you and Mindful Littles in the most expedient and cost effective manner, and except as described in Section 14.2 and 14.3, you and Mindful Littles agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MINDFUL LITTLES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 Exceptions. Despite the provisions of Section 14.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- . If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to these Terms by sending a letter to Mindful Littles, Attention: Legal Department – Arbitration Opt-Out, 21C Orinda Way, #405, Orinda, California 94563 that specifies: your full legal name, the email address associated with your use of the Educator Portal, and a statement that you wish to opt out of arbitration (“Opt-Out Noticeâ€). Once Mindful Littles receives your Opt-Out Notice, this Section 14 will be void and any action arising out of these Terms will be resolved as set forth in Section 15.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
14.4 Arbitrator. Any arbitration between you and Mindful Littles will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAAâ€) under its Consumer Arbitration Rules (collectively, “AAA Rulesâ€) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mindful Littles. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
14.5      Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitrationâ€). Mindful Littles’ address for Notice is: Mindful Littles, 21C Orinda Way, #405, Orinda, California 94563. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demandâ€). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Mindful Littles may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Mindful Littles must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Mindful Littles in settlement of the dispute prior to the award, Mindful Littles will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
14.6      Fees. If you commence arbitration in accordance with these Terms, Mindful Littles will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Contra Costa County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Mindful Littles for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
14.7 No Class Actions. YOU AND MINDFUL LITTLES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mindful Littles agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.8 Modifications to this Arbitration Provision. If Mindful Littles makes any future change to this arbitration provision, other than a change to Mindful Littles’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Mindful Littles’ address for Notice of Arbitration, in which case your account with Mindful Littles will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
14.9 Enforceability. If Section 14.7 or the entirety of this Section 14 is found to be unenforceable, or if Mindful Littles receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 15.2 will govern any action arising out of or related to these Terms.
15. Miscellaneous
15.1      General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Mindful Littles regarding your use of the Educator Portal. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including†means “including but not limited toâ€. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.2Â Â Â Â Â Â Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Mindful Littles submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Contra Costa County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Educator Portal from our offices in California, and we make no representation that Materials included in the Educator Portal are appropriate or available for use in other locations.
15.3 Privacy Policy. Please read the Mindful Littles Privacy Policy mindfullittles.org/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Mindful Littles Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
15.4      Additional Terms. Your use of the Educator Portal is subject to all additional terms, policies, rules, or guidelines applicable to the Educator Portal or certain features of the Educator Portal that we may post on or link to from the Educator Portal (the “Additional Termsâ€). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
15.5Â Â Â Â Â Â Consent to Electronic Communications. By using the Educator Portal, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.6Â Â Â Â Â Â Contact Information. The Educator Portal is offered by Mindful Littles, located at 21C Orinda Way, #405, Orinda, California 94563. You may contact us by sending correspondence to that address or by emailing us at info@mindfullittles.org.
15.7Â Â Â Â Â Â Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Educator Portal or to receive further information regarding use of the Educator Portal.
15.8Â Â Â Â Â Â No Support. We are under no obligation to provide support for the Educator Portal. In instances where we may offer support, the support will be subject to published policies.
15.9Â Â Â Â Â Â International Use. The Educator Portal is intended for visitors located within the United States. We make no representation that the Educator Portal is appropriate or available for use outside of the United States. Access to the Educator Portal from countries or territories or by individuals where such access is illegal is prohibited.
