Terms and Conditions of Use
Effective as of July 19, 2019
Welcome to the National Democratic Training Committee (the “Company“, “We“, “Us“, “Our“, “Ourselves“) Terms and Conditions of Use (the “Terms“). It is important that you read this agreement in full, as it:
- Outlines your legal rights with the National Democratic Training Committee
- Describes the rules and conditions that must be followed when using the products and services provided by the
- National Democratic Training Committee (the “Services“)
- Explains what rights you give the National Democratic Training Committee when using the Services
- Contains specific agreements, including a class-action waiver, for resolving disputes that include binding arbitration and/or specific jurisdictions
1. About These Terms
The National Democratic Training Committee provides these Services to develop and educate offices, incumbents, candidates, staff, and other parties in the Democratic Party in furthering and enhancing campaign and office efficacy, as well as other products and services from time to time. By accessing, using, or registering for these Services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with the Services (collectively, the “Service Offerings“), or by accessing any content or material that is made available through the Service Offerings (the “Content“), you are entering into a binding contract with the National Democratic Training Committee (the “Agreement“).
If you wish to review the Terms of the Service Offerings, the current effective version can be found on the Company’s website at:
You acknowledge that you have read and understood the Policies and the Terms and agree to be bound by them. If you do not agree with, or cannot comply with, the Policies, then you may not use the Service Offerings or access any Content.
In order to use the Service Offerings and access any Content, you must (1) be of 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Policies; (2) have the power to enter a binding contract with Us and not be barred from doing so under any applicable laws; and, (3) reside in the United States (4) identify as a member of the Democratic Party. The Service Offerings and the Content are directed to users in the United States only.
We do not collect or maintain any personal data from any persons not resident in the U.S. or in U.S. territories or possessions. From this, we do not collect or maintain any personal data from any EU data subjects within the meaning of the General Data Protection Regulation. If you believe that we have collected personal data from you and you are outside the United States, U.S. territories and possessions, please contact us, and we will remove such data from our records, and contact you to confirm that has been done.
You also promise that any registration information that you submit to the Company is true, accurate, and complete, and you agree to maintain it that way at all times.
We may revise these Terms and the Policies from time to time to better reflect:
- changes to the law;
- new regulatory requirements; or,
- Improvements or enhancements made to the Service Offerings
When we make material changes to the Policies, we will provide you with notice, as appropriate, under the circumstances. For example, by displaying a prominent notice within the Service, by sending an email to your account, or though a notification mechanism within the Service. Your continued use of the Service Offerings after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of any change to the Policies, you may terminate your account by contacting us in a manner described at the end of this document.
3. Use of Our Service
The Service Offerings and the Content are the property of the National Democratic Training Committee or the Company’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service Offerings, and limited, non-exclusive, revocable permission to make use of the Content if you are a government agency, search engine, or news organization (collectively, “Access“). This Access shall remain in effect until and unless terminated by you or the Company. You promise and agree that you are using the Service Offerings and the Content for personal use and that you will not redistribute or transfer the Service Offerings or the Content if you are not a member acting as one of the aforementioned organizations.
The Service Offerings and the Content are not sold or transferred to you, and the Company and its licensors retain ownership of all copies of any software applications and Content, even after any installation on any personal computers, mobile devices, tablets, wearable devices, and/or other devices (collectively, “Devices“).
All Company trademarks, service marks, trade names, logos, domain names, and any other feature of the National Democratic Training Committee brand (collectively, “Brand Features“) are the sole property of the Company or its licensors. The Agreement does not grant you any rights to use the Brand Features for commercial or non-commercial use without explicit, written permission from an officer of the Company.
3.1 Your User Account
Upon registration with the Service Offerings, you are provided a single service account that you agree to use as the sole account on the Service Offerings.
The password on your account protects your access, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use, including any unauthorized use, of your username and password with the Service Offerings. If your username and/or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately via the contact information at the end of this document and change your password as soon as possible.
3.2 Your Content in Our Services
You may have the ability to post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, message, information, descriptions, support request, and/or other types of content) (collectively, “User Content“).
You agree that, with respect to any User Content you post on the Service Offerings, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by the Company or its third parties, as contemplated by the Agreement, does not violate the Agreement or any other rights set forth within these Terms, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by the Company of any other company, entity, or likeness, without the express written consent from the Company and such individual entity.
The Company may, but has no obligation to, monitor, review, or edit User Content in any manner deemed solely by the Company. In all cases, the Company reserves the right to remove or disable access to any User Content for any and no reason, including User Content that, in the Company’s sole discretion, violates the Agreement or any agreements in the Policies. The Company may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at Our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that results from submissions from your account or that you post. The Company is not responsible for User Content, nor does it endorse any opinion contained in any User Content.
All registered users of our site may make any changes to, or delete their User Content at any time by logging into their account and going to the “Edit Profile” page (I’M NOT SURE EXACTLY HOW THIS WORKS IN THE LMS NOW, SO FILL THIS IN BASED ON THE PROPER LOGISTICS). Changes to billing and/or donor information must be made through our staff and may be initiated by contacting [email protected]. You may also contact us at [email protected] with any questions or changes to your account or your data.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE COMPANY RELATED TO USER CONTENT THAT RESULTS FROM YOUR ACCOUNT OR THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES AND COSTS, ARISING OUT OF SUCH CLAIM.
3.3 User Guidelines
You agree to abide by the following guidelines (collectively, the “Guidelines”) and not to use the Service Offerings, the Content, or any part thereof in any manner not expressly permitted by the Agreement.
The following is not permitted for any reason, whatsoever:
- copying, redistributing, reproducing, transferring, performing or displaying to the public, or making available to the public any part of the Service Offerings or the Content, or otherwise making any use of the Service Offerings or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (for example, copyright) in the Service Offerings or the Content or any part of it;
- using the Service Offering to import, contribute, or upload content or local files that you do not have the legal right to;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service Offerings, the Content, or any part thereof, except to the extent permitted by applicable law;
- circumventing any technology used by the Company, its licensors, or any third party, to protect the Content or the Service Offerings;
- selling, renting, sublicensing, or leasing any part of the Service Offerings or the Content;
- circumventing any territorial restrictions applied by the Company or its licensors;
- manipulating the Service Offerings or the Content by (1) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise); or, (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contains on the Content or the Service Offerings or provided through the Service;
- circumventing or blocking tags, scripts, advertisements, or elements of the Service Offerings, or creating tools designed to block third-party integrations of the Service Offerings;
- providing your password to any other person or using any other person’s username and/or password;
- “crawling” the Service Offerings or otherwise using any automated means, including bots, scrapers, and spiders, to view, access, or collect information from the Company, the Service Offerings, or the Content; or,
- selling or otherwise making available any account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence or access an account not attributed to your person.
Additionally, you agree to use the Service Offerings and not to engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene as determined by the Company;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of the Company or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content, such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users and/or non-users of the Service;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailing or other forms of spam, junk mail, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by the Company;
- Interferes with, or in any way disrupts, the Service Offerings, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service Offerings or the Company’s computer systems, network usage rules, or any of the Company’s security components, authentication measures, or any other protection measures applicable to the Service Offerings, the Content, or any part thereof; or,
- conflicts with this Agreement and/or any Policy, as determined by the Company.
You acknowledge and agree that posting any User Content that violates these Terms will result in immediate termination or suspension of your account at the sole discretion of the Company. You also agree that the Company may reclaim your username or any access method used for any reason.
Except for the rights expressly granted to you in the Agreement, the Company grants no right, title, or interest to you in the Service Offerings or Content.
Third party software (for example, our learning management system) included in the Service Offerings are made available by the parties in their individual capacities.
3.4 Modifying and Terminating Services
The Company is constantly changing and improving the Service Offerings. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.
You can stop using our Services at any time. The Company may also stop providing the Service to you, or add and/or create new limits to our Service Offerings at any time.
4. Rights You Grant Us
In consideration of the rights granted to you under the Agreement, you grant us the following rights:
- to allow any Service to use the processor, bandwidth, and storage capabilities on your Device in order to facilitate the operation of the Service;
- to provide advertising and other information to you; and,
- to allow our business partners to do the same.
In any part of the Service Offerings, the Content you access, including its selection and placement, may be influenced by commercial and/or political considerations, including the Company’s agreements with third parties.
If you provide feedback, ideas, or suggestions to the Company in connection with the Service Offerings (“Feedback“), you acknowledge that the Feedback is not confidential and you authorize Us to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service Offerings through any medium, whether alone or in combination with other content or materials, in any manner, and by any means, method, or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
5. Intellectual Property
All copyrights, trademarks, Brand Features, and other intellectual property rights, registered and unregistered, of the Company or licensed from third parties (collectively, “Intellectual Property“) belong to the Company or its third parties, respectively. The Company reserves all of its rights of its Intellectual Property. Nothing in the Terms grants you a right or license to use any Intellectual Property rights owned or controlled by the Company or any other third party, except as expressly provided in these Terms.
In addition, the Service Offerings may contain information and intellectual property that is selected and organized by the Company and represents significant work made by the Company. Nothing in the Terms shall be construed as granting any license or right to use any of this work displayed or used in any of the Service Offerings except as expressly provided in these Terms.
You agree to the following:
- the Intellectual Property is the property of the Company and its third parties;
- you will not use the Intellectual Property for any purpose other than is expressly permitted in these Terms;
- you will not distribute, in any medium, any Intellectual Property without prior written authorization or as expressly provided in these terms, with the exception of (i) governmental organizations, (ii) search engines, and/or (iii) news organizations;
- any distribution or past distribution of any Intellectual Property that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses the Intellectual Property being a separate work under the Copyright Act and each access of a page of a website by a user being a separate publication of a work; and
- the Company shall have the right to represent its partners in any dispute;
6. Service Limitations and Modifications
The Company will make reasonable efforts to keep the Service Offerings operational; however, certain technical difficulties, maintenance, testing, or updates required to reflect changes in relevant feature updates, bug fixes, compliance with laws and regulatory requirements, or other needs may, from time to time, result in temporary interruptions. The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service Offerings, with advanced noticed where possible, but not required, all without liability or any payment to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service Offerings or any function or feature thereof, in part or in whole.
You understand, agree, and accept that the Company will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service Offerings, or to provide any or all specific Content through the Service Offerings. The Company and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
7. Advertising and Endorsements
The Service Offerings may present advertisements or endorsements for or links to third party websites, products, entities, and/or services (“Third Party Advertisements“). We are not responsible for the availability of these Third Party Advertisements, or the images, messages, or other materials contained therein. Neither the Company nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Advertisements, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance of Third Party Advertisements, including any goods, products, or services offered by such Third Party Advertisements.
8. User Support
For customer support with account-related questions (“Customer Support Requests”), please contact us using the contact information at the end of this document. We will use reasonable endeavors to respond to all Customer Support Requests within a reasonable time frame, but we make no promises that any Customer Support Requests will be responded to within any particular time frame and/or that we will be able to answer any such queries.
9. Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the United States Digital Millennium Copyright Act. Copyright infringement may be reported using the contact information provided at the bottom of these Terms.
10. Term, Termination, and Survivability
The Terms will continue to apply to you until terminated by either you or the Company; however, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiration or termination of any of the Agreement for any reason.
The Company may terminate the Agreement, or suspend your access to the Service Offerings, at any time, including in the event of your actual or suspected unauthorized use of the Service Offerings and/or Content, or non-compliance with the Agreement, or if we withdraw Service Offerings and/or Content. If you or the Company terminate the Agreement, or if the Company suspends your access to the Service Offerings, you agree that the Company shall have no liability or responsibility to you, and the Company will not liable for any payments or refunds for any amounts paid, to the fullest extent permitted under applicable law. You may terminate the Agreement at any time. To terminate your account, please contact us using the contact information at the bottom of these Terms. This section will be enforced to the extent permissible by applicable law.
Sections 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 herein, as well as any other sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
11. Warranties and Disclaimers
YOU UNDERSTAND AND AGREE THAT THE SERVICE OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NETHER THE COMPANY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OFFERINGS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON, OR THROUGH, THE SERVICE OFFERINGS OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU, FROM THE COMPANY, SHALL CREATE ANY WARRANTY ON BEHALF OF THE COMPANY. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
12. Liabilities for Services
WHEN PERMITTED BY LAW, THE COMPANY, AND THE COMPANY’S THIRD SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN ALL CASES, THE COMPANY AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLE FORESEEABLE.
13. Limitation on Time for Filing
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE OFFERINGS IS TO UNINSTALL OR HAULT ACCESS TO ANY SERVICES AND TO STOP USING THE SERVICE OFFERINGS. YOU AGREE THAT THE COMPANY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE OFFERINGS, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO THE NATIONAL DEMOCRATIC TRAINING COMMITTEE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP ACCESSING AND/OR USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DONORS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OFFERINGS, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OFFERINGS, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE COMPANY, IF ANY, DURING THE PRIOR TWELVE MONTHS IN QUESTION.
YOU AGREE THAT ANY CLAIM AGAINST THE COMPANY MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 18.1 OF THESE TERMS OR BY FILING AN INDIVIDUAL ACTION UNDER SECTION 18.2 OF THESE TERMS WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND, THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Entire Agreement
Other than as stated in this section, or as explicitly agreed upon in writing between you and the Company, the Agreement constitutes all the terms and conditions agreed upon between you and the Company and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Certain aspects of your use of the Service Offerings may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
15. Severability, Waiver, and Interpretation
Unless, as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure of the Company or any third party beneficiary to enforce the Agreement, or any provision thereof, shall not waive the Company’s, nor the third party beneficiary’s, right to do so.
As used in these Terms, the words “include” and “including,” and any variations thereof, will be determined to be followed by the words “without limitation.”
The Company may assign the Agreement, and any of its rights under the Agreement, in whole or in part, and the Company may delegate any of its obligations under the Agreement.
You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.
You agree to indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of or related to (1) your breach of the Agreement or any part therein; (2) any User Content you submit or otherwise contribute; (3) any activity in which you engage on or through the Service Offerings; and (4) your violation of any law or the rights of a third party.
18. Governing Law, Mandatory Arbitration, and Venue
18.1 Governing Law and Jurisdiction
The Agreement, and any non-contractual disputes and/or claims arising out of or in connection with them, are subject to the laws of the District of Columbia, United States of America, without regard to choice or conflicts of law principles. Further, you and the Company agree to the jurisdiction of the District of Columbia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement and any non-contractual disputes and/or claims relating to, or arising in connection with, them, and is not subject to mandatory arbitration under Section 18.2.
18.2 Arbitration Agreement
18.2.1 Dispute Resolution and Arbitration
You and the Company agree that any dispute, claim, or controversy between you and the Company arising in connection with, or relating in any way to, this Agreement or to your relationship with the Company as a user of the Service Offerings, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement, will be determined by mandatory binding individual arbitration. You and the Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. You understand that there is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorney fees, except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
Notwithstanding the clause directly above, you and the Company both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring individual action in am United States small claims court; or, (2) bring an individual action seeking only temporary or preliminary, individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or the Company from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf, or you on Our behalf.
18.2.3 Arbitration Rules
Either you or the Company may start arbitration proceedings. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA“) then in force (the “AAA Rules“), as modified by this Arbitration Agreement. You and the Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, despite the choice of law provision above.
If you choose to file an arbitration proceeding, and you are required to pay a filing fee, the Company will reimburse you for that filing fee, unless your claim is greater than US $5,000, in which case you will be responsible for the filing fee. Each party will be responsible for any other arbitration fees, unless otherwise required by AAA Rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.2.4 Notice and Process
Any party who intends to seek arbitration must first send written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail with signature required, or in the event that We do not have a physical address on file for you, by electronic mail (the “Notice“). The Company’s address for notice is:
Attn: General Counsel
National Democratic Training Committee
1050 17th Street NW Suite 590
Washington, DC 20036
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (the “Demand“). Both parties agree to use good faith efforts directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer, then the Company will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this Agreement shall govern any claim in court arising out of or related to the Agreement.
19. No Class or Representative Proceedings
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim, and only that claim, must be severed from the arbitration and may be brought in court.
20. Contact Us
If you have any questions regarding this Agreement, you may contact the Company either by email:
Or by mailing our office:
National Democratic Training Committee
1050 17th Street NW Suite 590
Washington, DC 20036