Terms of Service
1. Acceptance of Terms
Junto Foundation, Inc. (“Junto,” “we,” “us”) welcomes you to its online service. By using this Service you are agreeing to the following Terms of Service ("Terms"), whether or not you are a registered user of Junto. The Terms may be updated from time to time without notice to you, though we will strive to always inform you when such updates occur. However, you can always find the latest Terms of Service here and should check regularly for updates and changes.
These Terms govern your access to and use of our Services, including our website, SMS, APIs, email notifications, applications, platform, buttons, widgets, communications, commerce and all other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into these Terms. You further agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND JUNTO AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND JUNTO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. The Junto Privacy Policy
Personal and certain types of other information are subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, can be read here and is located at www.junto.foundation/privacy-policy. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
3. Description of Service & Those Who Can't Use It
Junto makes available a collection of resources to its registered and non-registered users of the Service. Registered users can create Content (as defined by Section 5), share, edit, react to, comment and read another person’s Content. Non-registered users can browse topics, profiles, and another person’s Content.
THE SERVICE IS PROVIDED "AS IS" AND JUNTO ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, JUNTO PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Junto properties, are subject to the then current Terms.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
You may only use this Service for purposes expressly permitted by these Terms. As a condition of your use of Junto, you represent and warrant to Junto Foundation, Inc. that you will not use the App and any Service for any unlawful purpose.
You alone are totally responsible for any activity that takes place on Junto under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify us immediately. It is up to you to maintain the confidentiality of your password and username at all times.
All users must abide by these Terms. You may only use this Application for purposes expressly permitted by these Terms. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We will not monitor or control the Content posted via the Services and, therefore do not take responsibility for any Content posted.
4. Junto Community Guidelines
The Junto Services operate on the belief that its community of users will collectively formulate its community guidelines as well as grassroots processes surrounding the moderation of Content. We believe in the fundamental right of free expression and wish to allow users to post openly and without restriction. Having said that, we reserve the right to intervene should our community of users object to Content that misaligns with our ethos.
As the Junto community evolves, we do feel it important to put forth some basic principles surrounding community engagement:
You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the Platform. You agree to use the Service to post and receive communications and Content that are legal.
You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the Platform. You agree to use the Service to post and receive communications and Content that are legal.
Junto believes in the spirit of authentic, respectful engagement, and therefore ask that our users not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others. You agree not to violate the privacy or publicity rights of others.
You agree to not to post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
You agree to not to post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
You agree to not to post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
You agree to not to upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
You agree to not to impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password. Note that this does not apply to parody and fan accounts.
You agree to not to use the Junto Service for any illegal or unauthorized purpose.
You agree to to abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
You agree to not to transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
You agree to not to transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
You agree to not to interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You agree not to create member accounts under any false or fraudulent pretenses (including by automated means).
You agree to not to state or imply that any of your submitted and or posted Content is endorsed by Junto or any affiliate thereof.
You agree to not to retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
You agree to not to engage in any "spamming" of any kind, including without limitation ad spamming.
You agree to not to use the Junto name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Junto is associated with, or endorses, or is in any way connected with you, your business, or your Content.
You agree to not to impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password. Note that this does not apply to parody and fan accounts.
WHILE JUNTO EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT JUNTO SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY JUNTO IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, JUNTO RESERVES THE RIGHT TO TAKE ACTION, INCLUDING IN THE MOST EGREGIOUS OF INSTANCES THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF A HEARING.
5. Content
As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have the sole responsibility, not Junto, for all of the Content that you upload, post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Junto is entirely your responsibility.
Junto shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Junto members or otherwise created, distributed and displayed on any part of the Service. Junto does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Junto does not own any of the Content you post. By placing Content on the Service you are providing Junto with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site.
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. Junto shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless, defend, and indemnify Junto with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Junto will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing the same other than as may be specifically required by law.You acknowledge that Junto may or may not pre-screen Content but that Junto and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these Terms and/or is otherwise objectionable as determined by Junto in its sole discretion.
Junto may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Junto, its users and the public.
DMCA
Junto respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, we may, but are not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Junto as soon as practically possible at hi@junto.foundation with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of where the material you claim is infringing is located on the site;
Your name, address, telephone number, and email address;
A statement claiming that you have a good faith belief that the disputed use has not been authorized; and
A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.
6. Links
The Service may provide, or third parties including Junto members may provide, links to other websites or resources, which are not maintained by or related to Junto. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Junto Foundation, Inc.. Junto has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Junto is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Junto is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF JUNTO REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, JUNTO HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
7. Indemnity
You agree to indemnify, defend, and hold Junto Foundation, Inc., its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these Terms and/or your violation of any rights of another or any applicable law, rule or regulation.
8. Open Source Software and Junto Consent
The Software associated with Junto is open-source. Subject to the respective terms of the open source licenses, which are provided at https://www.mozilla.org/en-US/MPL/, you are thereby free to do with our software what you will SO LONG AS such modifications remain open sourced. We only ask that if you modify our Software for any commercial purpose, you do not do so without our prior and express written permission to do so.
9. Modification and Termination of Service
Junto reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Junto will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.
10. Registration
In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is thirteen (13) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction
You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Junto has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
You agree that Junto may, under certain circumstances and without prior notice, immediately terminate your Junto account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the Terms or other Junto policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Junto’s sole discretion and that we will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
With the exception of Junto’s memorialization settings, you agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death or disability and/or termination of account for any reason.
You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact us immediately. It is up to you to maintain the confidentiality of your password and account. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
11. Practices Regarding Use and Storage
You acknowledge that Junto may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent or received from an account of the Service, the maximum size of any message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Junto’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that we have no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Junto reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that we have the right to modify these practices and limits from time to time.
12. Junto Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Junto Foundation, Inc. and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Junto or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Junto’s exclusive rights in the Junto trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Junto are the property of Junto Foundation, Inc. or the party that provided such intellectual property to Junto Foundation, Inc.. Junto and any party that provides intellectual property to Junto retain all rights with respect to any of their respective intellectual property appearing on Junto, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
13. No Co-Branding or Framing
You may not use or authorize any party to co-brand or frame Junto or any Service without the express prior written permission of a Junto representative, as applicable, in each instance. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute Junto, in whole or in part, and/or any content accessible within Junto. For purposes of these Terms, "framing" refers to displaying any Junto Service within a bordered area of another website or service, regardless of whether the address of the originating Junto is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from us.
14. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
JUNTO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JUNTO MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Junto or through or from the Service shall create a warranty not expressly stated in these Terms.
15. Limitation of Liability
You expressly understand and agree that Junto, including any of its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Junto has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Junto be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
16. Personally Identifiable Information
Junto cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, we agree that we will treat any personally identifying information that you submit through this Application in accordance with the terms outlined in our Privacy Policy located at www.junto.foundation/privacy-policy.
17. Disclosures Required by Law
While Junto reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary, the only real reasons we may actually end up doing so are if the law legally requires us to arising out of the following situations: (i) to satisfy a valid subpoena issued in connection to a criminal investigation; (ii) a court order issued under 18 U.S.C. Section 2703(d); or (iii) a valid search warrant issued upon the showing of probable cause. Junto reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. We will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Junto shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD JUNTO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JUNTO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JUNTO OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.
18. Arbitration, Class-Action Waiver and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND JUNTO TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Junto agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Junto are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. The prevailing party in any such arbitration shall be entitled to receive from the losing party, all costs and expenses of arbitration, including reasonable attorney’s fees and filing fees.
Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Junto. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Junto.
Waiver of Jury Trial. YOU AND JUNTO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Junto are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Junto over whether to vacate or enforce an arbitration award, YOU AND JUNTO WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 19.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Junto.
19. Choice of Law and Venue
If there is any dispute about or involving the Junto Application and/or the Service, you agree that any dispute shall be governed by the laws of the State of New York, without regard to conflict of law provisions.
To the extent that these Terms allow you or Junto to initiate litigation in a court, both you and Junto agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Eastern District of New York. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in in the state courts of Kings County, New York.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Miscellaneous Terms; General Information
These Terms govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Junto with respect to the Service and this Application. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use certain elements of the Service, third-party content or third-party software.
The failure of Junto to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of these Terms by Junto must be in writing and signed by an authorized representative of Junto Foundation, Inc. to be effective.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these Terms, shall remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please immediately report any violations of these TOS to Junto at hi@junto.foundation.
Last Revised May 19, 2020
Last updated