Last Updated: September 9, 2021
These Terms of Service (“Terms of Service” or “Terms”) set forth the legally binding terms between Columbia Heights Day Initiative Inc., a 501(c)3 charitable corporation in Washington, DC, d/b/a District Bridges (collectively referred to hereinafter as, “AccessPointDC,” “we,” “us,” “our”), and the User (“User(s),” “you,” “your”) that govern your access to and use of the AccessPointDC website(s), located at www.AccessPointDC.com or any other AccessPointDC website that references these Terms (“Site(s)”), (collectively referred to herein as the “Service”). The Terms apply to all visitors, Users, and others who access the Site or use the Service. The Service, a program of District Bridges, is a platform that provides online educational experiences that empower You to grow and develop your business skills by offering specific online educational programs (each a “Program”). You must review these Terms before using the Site or using any Services that are available through the Site. You may use the Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws, rules and regulations. The Service is not available to any persons under the age of 13. By accessing or using the Service, you represent and warrant that: (i) you are 13 years of age or older and otherwise have capacity to contract; (ii) and that your registration and use of the Service is in compliance with any and all applicable laws and regulations. The Service is not available to any Users previously removed from the Service by AccessPointDC. The Service is controlled and offered by AccessPointDC from the United States. AccessPointDC makes no representations that the Service is appropriate or available for use in other locations.
THE SERVICE IS NOT AVAILABLE WHERE PROHIBITED OR LIMITED BY APPLICABLE LAWS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR CHILD AND YOU PROVIDE YOUR CHILD USER TO ACCESS THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF YOUR CHILD’S USE OF THE SERVICE.
- Creating an Account
A User must register for an account in order to use certain features of the Service (an “Account”), including to participate in a Program. To access the Service and set up an Account, you may be asked to provide certain registration details or other information. You represent and warrant that: (i) all required registration information you submit is correct, current, and complete; (ii) you will maintain the accuracy of such information; (iii) your use of the Service does not violate any applicable laws or regulations; and (iv) all of your communications with other Users will be in good faith and truthful. By connecting to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
A User may be asked to provide a password in connection with use of the Account. A User is solely responsible for maintaining the confidentiality of such User’s Account and password, and agrees to accept responsibility for all activities that occur under such Account or password. If a User believes that their Account is no longer secure (e.g., in the event of loss, theft or unauthorized disclosure or use of account ID or password), then a User agrees to immediately notify AccessPointDC. A User may be liable for the losses incurred by AccessPointDC or others due to any unauthorized use of a User’s Account.
You may control your User profile and how you interact with the Service by changing the settings in your Account. By providing AccessPointDC your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- License Grant
Subject to these Terms, AccessPointDC grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted license to access and use the Service for your personal, noncommercial use only and as permitted by the features of the Service and third party service providers, including to (i) participate in a Program during the term of that Program; (ii) browse or otherwise access information about the Service; (iii) and submit information requested or required to create an Account. AccessPointDC reserves all rights not expressly granted herein in the Service and the AccessPointDC Content (as defined below). AccessPointDC may revoke your access to any content on the Service at any time for any reason or no reason.
- License Restrictions.
You hereby represent, warrant, and agree that you will: (i) use the Service solely for personal, non-commercial use in accordance with Section 3 (License Grant) above; and (ii) not use the Service to (a) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Service, or any part thereof; (b) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Service; (c) access the Service in order to build a similar or competitive service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Service; (e) upload, transmit, or distribute any computer viruses, worms, or any software or attempt to gain unauthorized access to interfere with, disable, damage or alter, or disrupt a computer or communication network, handheld device, mobile device, data, any part of the Service, the server(s) on which the Service is stored, any server, computer, or database connected to the Service, or any other system, device or property; (f) access (or attempt to access) the Service by means other than through the interface that is provided by AccessPointDC; (g) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (h) circumvent, disable, or otherwise interfere with the security or functionality of the Service or of features that enforce limitations on use of the Service; (i) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (j) violate any law, statute, ordinance, or regulation, including, but not limited to, applicable export and re-export control laws and regulations; or (k) run any processes that interferes with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure). Use of the Service is void where prohibited.
- Community Guidelines.
AccessPointDC Users agree that there are risks when dealing with other Users, and AccessPointDC is not liable for these risks. In addition, you agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any content that AccessPointDC deems to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- publish or transmit any illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity);
- impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent User’s self or User’s affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- intimidate, stalk or harass another;
- harm minors in any way;
- use or attempt to use another’s account, service or system; or
- engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Service. If you believe that we might have any personal information from or about a child under 13, please contact us at firstname.lastname@example.org.
AccessPointDC cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Accuracy and Completeness of Information.
AccessPointDC is not responsible for any harm or damage that may occur if information made available on or through the Service by AccessPointDC or by any User or any other person or entity (including certain information or other content from third parties), is not accurate, reliable, effective, complete, or current, and we make no endorsement, representation, warranty, or guarantee of any kind about any such content, information, services, communications, or recommendations. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY SERVICE PROVIDER, USER OR OTHER PERSON OR ENTITY CONTRIBUTING TO THE ACCESSPOINTDC SERVICE IS PRESENTING ACCURATE OR COMPLETE INFORMATION THROUGH THE ACCESSPOINTDC SERVICE OR OTHERWISE. WE DO NOT INDEPENDENTLY VERIFY OR ATTEMPT TO CONFIRM ANY INFORMATION THEY PROVIDE.
- Text Messages and Telephone Calls.
You expressly consent and agree that AccessPointDC may contact you using written, electronic, or verbal means, including by manual dialing, emails, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you, communicate with you, and to service your Account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry.
We offer you the chance to enroll to receive recurring SMS/text messages from AccessPointDC. You may enroll to receive text messages about account-related news and alerts. By enrolling in AccessPointDC’s SMS/text messaging service, you agree to receive text messages from AccessPointDC to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. AccessPointDC is not responsible for any delays upon sending or receiving text messages.
Please contact us to unsubscribe from text messages you receive from AccessPointDC. You consent that following such a request to unsubscribe, you may receive one final text message from AccessPointDC confirming your request. For help, contact us at email@example.com.
Social Media Applications; Other Third-Party Applications.
You understand and agree that any Social Media Application’s use of information collected from you is governed by each Social Media Application’s privacy policies, terms of service, and your settings on each third-party site or service.
- User Responsibilities.
You acknowledge and agree that you are solely responsible for: (i) making all arrangements necessary to access and use the Service, including, as applicable, ensuring your computer and/or supported mobile device includes adequate software or internet connectivity; (ii) any and all costs, including but not limited to, internet or mobile data costs, you may incur while accessing and using the Service; (iii) any costs or liabilities arising from, associated with, or relating to your use of the Service; (iv) ensuring that your use of the Service does not violate any third-party trademarks or other intellectual property; (v) by submitting information to AccessPointDC that you are solely responsible for the form and Content you submit to the Service and all information included in your Account and that all such information (including Content) is true and accurate.
- Intellectual Property.
Except for your User Submissions (defined below), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Submissions belonging to other Users (the “AccessPointDC Content”), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of AccessPointDC and its licensors (including other Users who post User Submissions to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AccessPointDC Content. Use of the AccessPointDC Content for any purpose not expressly permitted by these Terms is strictly prohibited.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Term; Termination; Modifications; Suspension; Discontinuation.
- User Submissions.
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Submissions”).
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE CLAIM NO OWNERSHIP RIGHTS OVER USER SUBMISSIONS CREATED BY YOU. THE USER SUBMISSIONS YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Submissions. By providing or sharing User Submissions through the Service, you agree to allow others to view, edit, share, and/or interact with your User Submissions in accordance with your settings and these Terms. AccessPointDC has the right (but not the obligation) in its sole discretion to remove any User Submissions that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Submissions on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to AccessPointDC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and AccessPointDC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms.
In connection with your User Submissions, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Submissions, if any, to use such person’s name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Submissions relating to third parties.
- Your User Submissions and AccessPointDC’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- AccessPointDC may exercise the rights to your User Submissions granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Submissions and other information that you provide to us is truthful and accurate.
AccessPointDC takes no responsibility and assumes no liability for any User Submissions that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Submissions and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Submissions. You understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that AccessPointDC shall not be liable for any damages you allege to incur as a result of or relating to any User Submissions.
- Copyright Policy.
Since we respect artist and content owner rights, it is AccessPointDC’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify AccessPointDC’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit AccessPointDC to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
District Bridges – AccessPointDC
Address: 3400 11th Street NW Suite 200, Washington, DC 20010
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying AccessPointDC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AccessPointDC’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
- In accordance with the DMCA and other applicable law, AccessPointDC has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. AccessPointDC may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Feedback.
You may choose to, or we may invite you to, submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place AccessPointDC under any fiduciary or other obligation. If you provide us Feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. Users acknowledge and agree that any questions, comments, suggestions, ideas, Feedback or other information about the Service provided by Users to AccessPointDC are non-confidential and AccessPointDC will be entitled to their unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to Users.
- Changes to the Terms of Service.
We may also change other terms or conditions applicable to the Subscription Program from time to time. Any new or renewed Subscription Program memberships will be subject to the terms of service active at that time and displayed when you login to your Account. If you disagree with the changes to your current Subscription Program membership terms of service, you may cancel your Subscription Program membership in accordance with the terms set forth herein.
- Disclaimer; No Warranty.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from AccessPointDC or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, AccessPointDC, its subsidiaries, its affiliates, and its licensors do not warrant that the AccessPointDC content or service is accurate, reliable or correct; that the AccessPointDC content or the Service will meet your requirements; that the AccessPointDC content or Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. If the Service provides professional information for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Further, AccessPointDC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and AccessPointDC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
21.Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall AccessPointDC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will AccessPointDC be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, AccessPointDC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall AccessPointDC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to AccessPointDC hereunder or one hundred u.s. dollars (usd $100.00), whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AccessPointDC has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
You agree to defend, indemnify and hold harmless AccessPointDC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you and any interaction among users; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Submissions or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
- Governing Law. You agree that: (i) the Service shall be deemed solely based in Washington D.C.,; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
- Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ACCESSPOINTDC. For any dispute with AccessPointDC, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that AccessPointDC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims“), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Washington D.C. unless you and AccessPointDC agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing AccessPointDC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ACCESSPOINTDC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Force Majeure. AccessPointDC will not be liable or responsible to you to the extent any failure or delay is caused by or results from acts or circumstances beyond AccessPointDC’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- No Assignment. These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by AccessPointDC without restriction. Any attempted assignment by you will be null and void.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
- Notices. We may provide any notice to you under these Terms by posting to the website(s) hosting the Service. Notices we post will be effective on the day we post. To give us notice under these Terms, you must contact us as follows, with a copy to email@example.com:
District Bridges – AccessPointDC
3400 11th Street NW Suite 200
Washington, DC 20010
Any such notice may be served personally or by certified mail (postage prepaid), internationally commercially recognized overnight delivery service (such as Federal Express or DHL), or courier. Notice shall be deemed served upon personal delivery or delivery by courier, upon the second business day after the date sent for notices sent via overnight delivery, or upon the fifth business day after the date sent for notices sent via certified mail. Either party may change the address to which notices are to be delivered by written notice (excluding email) to the other Party.
- California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- Entire Agreement; Severability; No Waiver. These Terms, as well as any and all other agreements expressly incorporated by reference (including our [Insert PrivacyPolicy Link]), and any and all other policies or legal notices we publish regarding the Service constitute the entire agreement between you and AccessPointDC concerning your use of the Service. If any provision of these Terms is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AccessPointDC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of AccessPointDC.
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