Terms and Conditions

Last updated: Nov 3, 2020

The following terms and conditions (the “Terms and Conditions”) govern your use of the websites and resources (the “Platform”) made available at RhinoNet by or on behalf of Avam-Astu Foundation, a Texas not-for-profit organization (“Avam-Astu,” “we,” or “our”). BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY (DEFINED BELOW) AS APPLIED TO YOUR USE OF THE SITE, AND YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE TERMS AND CONDITIONS.

You should also read our Privacy Policy (the “Privacy Policy”), which is incorporated by this reference into these Terms and Conditions. If you do not agree with any term or condition, or anything else contained in these Terms and Conditions, or our Privacy Policy, do not access or use the Platform or any services made available on the Platform. To withdraw your consent to these Terms and Conditions or the Privacy Policy, you must cease using the Platform and, if applicable, terminate your account.

If you are under the age of 13, you may not use this Site. If you are under the age of 18, then you must: (i) review these Terms and Conditions and the Privacy Policy with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions and the Privacy Policy, and (ii) not access the Platform or use any services if your parent or legal guardian does not agree to be bound by these Terms and Conditions or the Privacy Policy on your behalf. If you are under the age of 18, then you represent that you have reviewed these Terms and Conditions and the Privacy Policy with a parent or legal guardian and that your parent or legal guardian has agreed to be bound by these Terms and Conditions and the Privacy Policy on your behalf.

PLEASE NOTE: THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS. THESE TERMS GOVERN HOW DISPUTES BETWEEN YOU AND AVAM-ASTU CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION (PLEASE SEE SECTION 21 BELOW).CHANGES TO TERMS AND CONDITIONS OR PRIVACY POLICY

1. Changes to Terms and Conditions or Privacy Policy

We may revise and update these Terms and Conditions or the Privacy Policy from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Any changes to the dispute resolution procedures set forth in Section 21 or to governing law and jurisdiction shall not apply to any disputes for which the parties had actual notice as of the date the change was posted on the Platform. Your continued use of the Platform following the posting of a revised Terms and Conditions or a revised Privacy Policy means that you accept and agree to any changes or modifications we make to these Terms and Conditions or the Privacy Policy. We will post the date of any update to these Terms and Conditions at the top of this page.Test

2. Proprietary Rights

As between you and us, we own, whether or not copyright or patent registration is available, solely and exclusively, with no further action on your part required, all rights, title, and interest in and to the Platform, all the content we publish or post on the Platform (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, designs, and the look and feel and organization of the Platform, and all materials and content related to our programs or services, even if the materials or content are not accessed directly through the Platform. Your use of the Platform does not grant to you any ownership rights whatsoever to any content, software, code, data, or materials you may access on the Platform.

Please note that we may make available on the Platform content, resources, or tools licensed to us by third-parties. Your use of the Platform does not grant to you any ownership rights whatsoever to any content, software, code, data, or materials we licensed from third-parties that you may access on the Platform.

Except as otherwise specifically permitted in these Terms and Conditions, you may note: (a) modify or create any derivative works of the Platform or any materials or products made available by us on the Platform; (b) copy the Platform or any materials made available by us on the Platform without our express, prior, written consent; (c) separate the Platform, which is licensed under Section 3 as a single product, into its component parts; (d) sublicense or permit simultaneous use of the Platform by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Platform or any service or product of the Platform (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to use the Platform; (g) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, labels, or Marks (as defined below); (h) use any illustrations, photographs, video, audio, graphics, or other media made available on the Platform separately from the accompanying text; or (i) publicly display, perform, republic, download, store, or transmit any of the material on the Platform.

3. Limited License

You may access and view the content on the Platform on your computer or other internet compatible device, and you may make single copies or prints of the content on the Platform for your personal, non-commercial use only. To the extent you need to download software or documents, or use our products or services made available on the Platform, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate immediately and automatically when you no longer use the products or services. The Platform and the products or services offered on or through the Platform, including any content and materials on the Platform, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Platform at any time and without notice to you.

4. Accessing the Platform and Account Security

In order to access and use the Platform, you must create an account, which will require you to create a username and login information. To do so, please click the “Get Involved” button and follow the prompts. You will be asked to fill out a form in order to create your account. Please contact us using the contact information below if you have any questions about creating an account. If you are a minor, then your parent or legal guardian must help you complete the account set-up on your behalf.

We reserve the right to withdraw or modify the Platform or any aspect of the Platform, and any service or product made available by us on the Platform, in our sole discretion and without notice to you. We will not be liable for any reason if all or any part of the Platform is unavailable to you at any time or for any period of time. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including any users with accounts, subscriptions, or registrations.

You are responsible for having the necessary tools, resources, or arrangements, including internet connection, for you to access and use the Platform. You are responsible for ensuring that all persons accessing the Platform through your device, internet connection, account, subscription, or registration, is aware of the Terms and Conditions and the Privacy Policy, and that they comply with the Terms and Conditions.

To access and/or use the Platform, you may be asked to provide certain details or information. Whenever you submit any information to us or on the Platform, you do so voluntarily. You are not required to provide any information to us or on the Platform, but choosing not to provide any information that is requested by us may interfere with your ability to use the Platform or enable us to provide the services or products you have requested. All information that you do provide to us or post on the Platform must be correct, accurate, current, and complete. We shall not be responsible for any difficulty or loss of services you may experience due to incorrect, inaccurate, outdated, or incomplete information that you provide.

If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us (using the contact information provided below) of any unauthorized use of your username or password, or any other breach of security. You also agree to ensure that you exist from your account at the end of your session, or at any time you are not actively using the Platform. You should use particular caution when accessing your account from a public or shared computer or device.

We have the right to disable any user username, password, or other access information, whether chosen by you or provided by us, at any time and in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.

5. Donations

Avam-Astu is a 501(c)(3) public charity and, as such, we depend on donations from the public. Any donations you make to Avam-Astu will be tax deductible to the extent permitted by law. Donations are not expected or required, but are certainly appreciated. To make a donation to Avam-Astu, please use the Donate button, which is available at several locations on the Platform. Your donations will be used to support the organization and its charitable purposes. Donations are non-refundable. If you have any questions about making a donation to Avam-Astu, please contact us here: support@avamastu.org

6. User Content

You may have the ability to post text, files, documents, images, video, sounds, musical works, works of authorship, applications, information, or other materials on the Platform (“User Content”). We do not claim any ownership rights in the User Content, and you shall be solely responsible for such User Content and all such User Content must comply with the applicable terms and conditions set forth herein. Do not post any User Content on any public forums unless you would like the information or works contained in such User Content to be public and accessible by the public. Your User Content shall not be considered confidential and will not be treated as such. By submitting, publishing, posting, or sending User Content to the Platform, you: (i) represent and warrant that all your User Content is original to you, that no other party has any rights thereto, and that any “moral rights” in User Content have been waived, or that you have been expressly authorized by the owner of such content to use, submit, publish, post, or send in the manner in which you have; and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute such material (in whole or in part). We are not responsible for maintaining or recording any User Content and we may delete, destroy, or modify such User Content at any time in our sole discretion.

You understand and acknowledge that you are responsible for any User Content that you provide, publish, post, or otherwise make available on the Platform, and you, not Avam-Astu or any other user, shall have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that all of your User Content does and will comply with these Terms and Conditions, and you agree to defend, indemnify, and hold harmless Avam-Astu, its affiliates, its directors, officers, employees, contractors, volunteers, and licensors for any breach of the foregoing representation and warranty.

For any academic source materials, such as, but not limited, textbooks or workbooks, or any portion thereof, which you submit to us or to a mentor in connection with the Platform or any mentoring activities conducted through the Platform, you represent and warrant that you are entitled to upload such materials, that you have express permission to do so, or that such materials are uploaded under the “fair use” doctrine of copyright law.

You agree that we may record all or any part of any live online classes or mentor sessions (including audio, video, or likeness) for quality control and other purposes. You agree that we shall own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in such transcripts and recordings. Furthermore, you agree that we may record and use your name, likeness, appearance, or voice for quality control and other purposes, without any further compensation or other consideration to you. If you do not wish to provide your name, likeness, appearance, or voice to us for the foregoing purposes, do not conduct any live online classes or mentor sessions on the Platform.

7. Prohibited Uses

You may use the Platform, or any services or programs made available by us to you, only for lawful purposes and only in accordance with these Terms and Conditions. You agree that you shall not, and you shall not enable any other person to, use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States and other Countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including but not limited by exposing minors to inappropriate content or requesting personally identifiable information;
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the standards and conditions governing User Content set out in these Terms and Conditions;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letters” or “spam” or any other similar solicitation;
  • To harass or “troll” any other user;
  • To impersonate or attempt to impersonate Avam-Astu, any director, officer, employee, contractor, or volunteer of Avam-Astu, any other person or entity (including, without limitation, the use of e-mail addresses or usernames associated with any of the foregoing);
  • To falsely represent one’s self as a teacher, educator, tutor, mentor, or consultant of any kind;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us in our sole discretion, may harm Avam-Astu or any users of the Platform, or otherwise expose us or other users to liability or risk;
  • To use the Platform in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform;
  • Use any robot, spider, scraping, harvesting, or other automatic device, process, or means to access the Platform for any purpose, including to monitor or copy any of the material available on or through the Platform;
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
  • To establish or develop any social or other relationship with any other user outside of the Platform’s intended use;
  • Use any device, software, routine, or hardware that interferes with the proper working of the Platform;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other similar material which is malicious or harmful to technology or user information;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored or made available, or any server, computer, or database connection to the Platform;
  • Attack the platform via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper functioning of the Platform or any other user’s use of the Platform.

If you use, or assist another person in using, the Platform in violation of the above or in any unauthorized way, you agree that you will be solely responsible for all costs of investigation, compliance, and enforcement (including reasonable attorneys’ fees and legal costs) associated with such violation.

8. User Content Standards

These content standards apply to all User Content. User Content must (in whole and in part) comply with all federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content shall not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, discriminatory, inflammatory, or otherwise objectionable;
  • Promote sexually explicit, pornographic, or obscene material;
  • Promote violence, hate, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe on any patent, trademark, trade secret, copyright, or other intellectual property right of any person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or our Privacy Policy;
  • Be reasonably likely to deceive or mislead any person;
  • Promote any illegal activity, or advocate, encourage, promote, facilitate, or assist any unlawful act;
  • Promote any commercial activity, trade, or barter, except as expressly authorized by these Terms and Conditions or with our prior written consent;
  • Cause annoyance, inconvenience, harassment, or needless anxiety to be likely to upset, embarrass, alarm, or annoy any other person;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, bartering, advertising, or marketing; or
  • Give the impression that the User Content emanates from Avam-Astu or any other person or entity, if this is not the case.

9. Trademarks and other Marks

Any trademarks, logos, services marks, or tradenames (“Marks”) that are owned by us or any third-party that are displayed on the Platform, or any content made available you on the Platform, may not be republished or used by you unless expressly authorized in writing by the owner of such Mark. All Marks not owned by us that appear on the Platform or on or through the Platform’s services or products, if any, are the property of their respective owners. Nothing contained on the Platform or in these Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Platform without the express written permission of the owner of the Mark. You may not alter, modify, hide, or otherwise change any Mark displayed or made available on the Platform. Your misuse of any Mark is strictly prohibited.

10. Copyright Infringement.

If you believe that any User Content or other content on the Platform violates your copyright, please contact us with a detailed explanation of the alleged infringement (including a screenshot if possible) at: support@avamastu.org.Please note that we may require you to provide additional information in connection with your claim of alleged infringement, and that we may not be able to process your complaint without such additional information. It is the policy of Avam-Astu to terminate a user’s use of and access to the Platform if they have willfully violated any copyright, or have otherwise repeatedly violated the copyrights of third parties.

11. Monitoring and Enforcement; User Complaints

We reserve the right to, but shall not have the obligation to, remove any User Content in full or in part, for reason or no reason, in our absolute and sole discretion, and without notice to you. We do not undertake to review all User Content before posted to the Platform and, although we will consider complaints within a reasonable amount of time, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Content, including but not limited to any transmissions, communications, or materials provide by any user or third party. To the extent permitted by law, you agree that we shall have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this paragraph and below. In the event that you believe or find any User Content to be objectionable or in violation of these Terms and Conditions, please contact us immediately using the contact information provided below.

Without limiting the generality of the foregoing, you agree that we have the right to:

  • Remove, redact, censor, or refuse to post any User Content for any or no reason and in our absolute and sole discretion, and without notice to you;
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms and Conditions, any laws or regulations, threatens the personal safety of any user or the public, or could create liability for Avam-Astu;
  • Disclose your identity to any third party who claims your User Content violates their legal rights, including their intellectual property rights or their rights to privacy;
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;
  • Terminate your access to all or part of the Platform for any reason or no reason, including without limitation, any violation of these Terms and Conditions; and
  • Without limiting the foregoing, we shall have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identify of anyone posting any materials on or through the Platform.

YOU HEREBY WAIVE AND HOLD HARMLESS AVAM-ASTU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AVAM-ASTU DURING OR AS A RESULT OF ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LAW ENFORCEMENT AUTHORITIES OR AVAM-ASTU IN CONNECTION WITH ANY PENDING OR ACTIVE INVESTIGATION, OR AS OTHERWISE PERMITTED OR REQUIRED BY LAW.

12. Termination

We may terminate, change, suspend, or discontinue any aspect of the Platform or any product or service made available through the Platform at any time. We may restrict, suspect, or terminate your access to the Platform or any product or service made available through the Platform if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, if other users have made complaints about your activities on the Platform, or for any other reason without notice or liability.

13. Rules for Mentors

All individuals that are over the age of eighteen (18) are expected to provide mentor, tutoring, or consulting services on the Platform to other users (“Mentors”), and every user over the age of eighteen (18) shall be required to undergo a background check, which background check must, to the satisfaction of Avam-Astu, in its sole and absolute discretion, and to the extent permitted by applicable law, check the individual’s criminal history in all locations in which the individual has lived. Each Mentor agrees to provide all information requested by Avam-Astu or any third-party background check service provider, and represents and warrants that all information provided is accurate, current, and complete. In the event a Mentor does not agree with any of the foregoing or any other term set forth in these Terms and Conditions, then the Mentor should not consent to the background check, shall not be permitted to serve as a Mentor, and may not use the Platform for any purpose.

Following the background check and becoming a Mentor, the Mentor agrees to immediately notify Avam-Astu if the Mentor is charged with or convicted of a crime, at which time Avam-Astu may, in its absolute and sole discretion, restrict or remove the Mentor’s access to the Platform. In the event Avam-Astu removes the Mentor from the Platform for the foregoing reason, the Mentor agrees that he or she shall not, for any purpose whatsoever, communicate with any other user on the Platform with whom the Mentor was providing mentor, tutor, or consulting services.

Mentors shall at all times treat other users with respect, kindness, tolerance, and patience, and no Mentor shall discriminate against any other user for any reason whatsoever. Mentors agree to respond to other users in a timely manner and to be reasonably active on the Platform. If you are a Mentor, you agree that Avam-Astu may strictly enforce these Terms and Conditions and any other policy applicable to Mentors.

Avam-Astu does not endorse any particular Mentor, and you agree that Avam-Astu is not responsible for any Mentor’s actions or inaction.

14. Third-Party Links

Third-party links may be made available by us, users, or third parties on the Platform (“Linked Sites”). You acknowledge and agree that we have no responsibility for the content, products, services, advertising, policies, or other materials that may be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such website or the information, content, products, services, advertising, code, policies, or other materials presented on or made available through such websites. We do not monitor the Linked Sites or any information, content, products, services, advertising, code, policies, or other materials presented on or made available through such websites, and we do not have any control over them. You agree that any reliance on the contents of a third-party website is done at your own risk and you assume all responsibility and consequences resulting from such reliance or accessing such website. We strongly encourage you to review the terms of use and the privacy policies governing any Linked Sites, as your access to or use of such websites are governed by such policies, if any, and are between you and the third-party provider.

You agree that if any of your User Content includes a link from any other website, such link will open in a new browser window and will link to an external site in such away that it does not hinder the functionality of the Platform. You agree that we may remove, modify, or delete any link you publish or post on the Platform at our sole and absolute discretion, without notice to you, and without any liability or responsibility to you.

You are not permitted to provide a link to the Platform or any page made available on or through the Platform without our prior written consent, or as expressly permitted in these Terms and Conditions or another agreement made between you and us. In the event that you post a link to the Platform or any page made available on or through the Platform in violation of the foregoing or any other applicable term set forth herein, you agree to remove such link immediately if we request that you do so in writing.

15. Disclaimer of Warranties

THE PLATFORM, INCLUDING BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES, CONTENT, FUNCTIONS, AND MATERIALS CONTAINED OR AVAILABLE ON THE PLTAFORM, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSBILITY, AND WILL NOT BE LIABILE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS FORM THE PLATFORM. YOU FULLY ASSUME THE RISK OF USING THE PLATFORM AND ANY SERVICES OR PRODUCTS MADE AVAILABLE ON THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SUCH PRODUCTS AND SERVICES.

ALL THIRD PARTY INFORMATION OR CONTENT, INCLUDING ALL USER CONTENT, IS THE SOLE RESPONSBILITY OF THE RESPECTIVE AUTHORS, USERS, OR PUBLISHERS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULLNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES (INCLUDING BACKGROUND CHECKS) DONE ON MENTORS, OR ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVISE, STATEMENT, EDUCATION, OR ACTIONS MADE BY ANY MENTOR OR ANY OTHER USER OF THE PLATFORM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR COMMUNICATIONS WITH ANY OTHER USER OR YOUR RELIANCE ON INFORMATION OR CONTENT PROVIDED OR DISCLOSED BY ANOTHER USER.

16. Limitation of Liability

ABSENT OUR WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE, IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTENT OR SERVICE PROVIDERS, OR VOLUNTEERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY OT USE, THE PLATFORM OR ITS CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE PALFORM, YOUR PROVISION OF INFORMATION THROUGH THE PLATFORM, LOST BUISNESS OR LOST SALES OR LOST PROFITS, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, IN SUCH CASES, THE FOREGOING SHALL BE ENFORCED ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLAFORM AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THORUGH THE PLATFORM.

17. Indemnification

You agree to defend, indemnify, and hold us and our directors, officers, employees, contractors, agents, and volunteers, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) any User Content you post or make available on the Platform or submit to us, (ii) any of your actions on the Platform, or (iii) your breach or violation of the law, these Terms and Conditions, the Privacy Policy, or any other agreement between you and us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. Our failure to notify you of any claim involving our rights to indemnification set forth in this Section 17 shall not constitute a waiver of such rights.

18. Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT HAVING THE EFFECT OF MODIFYING OR LIMITING ANY OTHER TERM OR CONDITION SET FORTH HEREIN, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE PLATFORM OR THE PRODUCTS AND SERVICES MADE AVAILABLE ON THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability

No waiver of these Terms and Conditions may be made without our prior consent in writing, and no waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provisions of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be severed, eliminated, or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

To the extent permitted by applicable law and to the extent practical, any severance or interpretation of these Terms and Conditions shall be made in a way that maximizes the protection and security of Avam-Astu and the mentorees.

20. Entire Agreement; Governing Law

These Terms and Conditions and the Privacy Policy constitute the sole and entire agreement between you and us with respect to the Platform and your use of the Platform and its products and services, and shall supersede all prior and contemporaneous understandings, arrangements, agreements, representations and warranties, both written and oral, with respect to such subject matter. The interpretation of these Terms and Conditions, the Privacy Policy, and any dispute arising therefrom or your use of the Platform or any products or services made available on the Platform, as between you and us, shall be governed by, and construed under, the laws of the State of Texas, without regard to choice of law principles. We control and operate the Platform from the United States of America, and we do not represent that any materials on the Platform are appropriate for use in other locations. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

21. Dispute Resolution

ALL PARTIES TO THESE TERMS AND CONDITIONS HEREBY EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Platform, if the parties are unable to resolve the dispute first in good faith, will be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you may have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. By accessing or using the Platform, you agree to be bound to this Section 21. Your rights will be determined by a neutral arbitrator chosen by us, not a judge or jury. Notwithstanding the foregoing, we reserve the right to seek equitable relief if necessary or appropriate to prevent or require further action by you, as required or necessary to protect our rights or enforce your obligations as set forth herein.

22. Communications and Contact Information

All feedback, comments, complaints, requests, and other communications should be directed to:

Email: support@avamastu.org

Mailing Address: 700 Central Expressway S., Suite 400, Allen, TX 75013, USA

We may also provide a link on the Platform that allows you to make suggestions, comments, and complaints directly on the Platform, in which case you may contact us using that feature.

Copyright © 2020 Avam-Astu Foundation, Inc. All rights reserved.