Last Edited: 05/08/2023
Published: 02/22/2023

By accessing or using the Service, you signify that you have read, understood, and agreed to be bound by this Terms of Use Agreement (“Agreement”), and to the collection and use of your information as set forth in the Morehouse College Cheerleading Site (“Site”)’s privacy policies, each of which shall be considered part of this Agreement, whether or not you are a registered user of the Service. The Site may modify these terms and will provide notice of such changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

The Site may acquire, merge, or create a parent or subsidiary company in the future (“New Site Entity”) before this Agreement is updated. If that occurs, you hereby agree that any New Site Entity is also covered by the terms and conditions set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2. USE OF THE SERVICE.

2A. ELIGIBILITY.

This is a contract between you and the Site. You must read and agree to these terms before using any of the Site Services. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with the Site, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 years of age is governed by the Site’s Children’s Privacy Policy (Users Under 13). The Service is not available to any Users previously removed from the Service by the Site.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Site Service. The Site reserves all rights not expressly granted herein in the Services and the Site Content (as defined below). The Site may terminate this license at any time for any reason or for no reason.

The Site may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by the Site in its sole discretion. The Site reserves the right to determine the form and means of providing notifications to its’ Users, provided that you may opt out of certain means of notification as described in this Agreement. Provider is not responsible for any automatic filtering you or your network provider may apply to email notifications Provider sends to the email address you provide the Site. Provider may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When Provider changes the Agreement in a material manner, Provider will provide you with reasonable notice and update the ‘last modified’ date at the top of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

2B. USER ACCOUNTS.

Your third party accessible Site account and/or profile (collectively, “Account”) gives you access to the Services and functionality that the Site may establish and maintain from time to time and in the Site’s sole discretion.
You may never use another User’s Account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. The Site encourages you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify the Site immediately of any breach of security or unauthorized use of your Account. The Site will not be liable for any losses caused by any unauthorized use of your Account.
You may control your User Account and how you interact within the Services by changing the settings on your settings page. By providing the Site your email address, you consent to the Site using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt-out of Service-related emails. The Site may also use your email address to send you other messages, such as special offers. If you do not want to receive such non-Service-related email messages, you may opt out. Opting out may prevent you from receiving email messages regarding special offers.

2C. SERVICE RULES.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that the Site grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at the Site’s sole discretion an unreasonable or disproportionately large load on the Site’s infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures the Site may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

3. USER DATA.

3A. YOUR DATA RELATED RESPONSIBILITIES.

Certain aspects of the Services allow Users to provide the Site with data or access to other data sources (whether online or otherwise) (“User Data”). In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights; (ii) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13 years of age without the parent’s consent, social security numbers, or health or medical information, except in designated areas of the Service which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by the Site without the Site’s explicit consent, and the Site reserves the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your User Data that you share with the Site for the provision of Services under this Agreement. The Site may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party.

3B. LICENSE GRANT TO USER DATA.

By submitting such User Data, or providing the Site with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for the Site and the Site’s subcontractors and service providers to provide the Services and otherwise use User Data as permitted under this Agreement, including, without limitation, the Site’s consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that the Site may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of the Services, for the purpose of providing, operating, analyzing, and improving the Services.

4. THE SITE’S PROPRIETARY RIGHTS.

4A. SITE CONTENT.

Except for your User Content and your User Data, 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 Content belonging to other Users (“Site Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Site and its licensors (including other Users who provide User Content through the Services). Except as explicitly provided herein, nothing in this Agreement 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 Site Content. Use of Site Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

4B. SITE PROPERTY.

The Services contain additional data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual progress or achievements within the Services (“Site Property”). You understand and agree that, regardless of terminology used, Site Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Site’s sole discretion. Site Property is not redeemable for any sum of money or monetary value from the Site at any time. You acknowledge that you do not own the Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of the Site or on the Site’s servers, including without limitation any data representing or embodying any or all Site Property. You agree that the Site has the absolute right to manage, regulate, control, modify and/or eliminate Site Property as it sees fit in its sole discretion, in any general or specific case, and that the Site will have no liability to you based on its exercise of such right.

All data on the Site’s servers are subject to deletion, alteration, or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, Account history and Account content residing on the Site’s servers, may be deleted, altered, moved or transferred at any time for any reason in Provider’s sole discretion, with or without notice and with no liability of any kind. The Site does not provide or guarantee, and you expressly disclaim, any value, cash or otherwise, attributed to your user content and user data residing on the Site’s servers.

5. USER SUBMISSIONS.

5A. IDEAS ABOUT SERVICES’ IMPROVEMENTS.

You may choose to, or the Site may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Site under any fiduciary or other obligation, and that the Site is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Please do not include any ideas that the Site’s Terms of Use will not permit it to accept or consider.

You further acknowledge that, by acceptance of your submission, the Site does not waive any rights to use similar or related ideas previously known to the Site, or developed by its employees, or obtained from sources other than you.

5B. UNSOLICITED SUBMISSIONS.

Neither Staff nor any of its affiliates or employees accept or consider unsolicited ideas for new creative, marketing, promotions, products or technologies through its member sites. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Site. This policy is not intended to serve as a barrier to receiving and responding to feedback from valued Staff fans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Staff or affiliates’ products, strategies or other materials might seem similar to ideas submitted to Provider.

If, despite Staff’s request that you not send Staff your ideas, you still submit them, then regardless of what your letter says, you agree that: (i) your submissions and their contents will automatically become the property of Staff and its affiliates, without any compensation to you; (ii) Staff may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for Provider and its affiliates to review the submission; and (iv) there is no obligation to keep any submissions confidential.

6. NO PROFESSIONAL ADVICE.

If a Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

7. TERMINATION.

You may terminate this Agreement at any time by taking the necessary steps to close your Account and discontinue all use of the Services. The Site may, without prior notice, take the following steps: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. The Site may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in the Site’s sole determination you violate any provision of this Agreement, or for no reason. You agree that the Site will not be liable to you or any other party for any termination of your access to the services or deletion of your account or your submission materials.

In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to the Site and to third parties to use any User Content and User Data survives termination of this Agreement. Termination of this Agreement for any reason shall not entitle you to a refund under any circumstances. Upon termination of this Agreement for any reason, you shall make no further use of the Services whatsoever.

8. PRIVACY.

The Site cares about the privacy of its Users. You understand that by using the Services, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in the Site’s Privacy Policy(ies), available at https://morehousecollegecheer.com/privacy-policy and to have your personally identifiable information collected, used, transferred to and processed in the United States.

9. SECURITY.

The Site cares about the integrity and security of your personal information. However, the Site cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10. THIRD-PARTY LINKS & INFORMATION.

The Services may contain links to third-party materials that are not owned or controlled by the Site. The Site does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement, including the Site’s Privacy Policy(ies), do not apply to your use of such sites. You expressly relieve the Site from any and all liability arising from your use of any third-party website, service, or content, including, without limitation, User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found through the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Site shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. USER COPYRIGHTS, INTELLECTUAL PROPERTY, AND TRADEMARKS.

The Site respects the copyright, intellectual property, and trademark rights of others, and takes concerns related to these rights seriously. The Site reserves the right to remove any content from its Services for any reason, including if it infringes the copyright, intellectual property, and trademark rights of any person under the laws of the United States. Under the appropriate circumstances, the Site will, and expressly reserves the right to, disable and/or terminate the Accounts of Users who are repeat copyright or trademark infringers.

11A. PROCEDURE TO SUBMIT COPYRIGHT & INTELLECTUAL PROPERTY INFRINGEMENT NOTICES.

Pursuant to the Digital Millennium Copyright Act (“DMCA”) found at Title 17, United States Code, § 512(c)(2), if you believe, in good faith, that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please provide the Site’s DMCA Agent with a written communication (with the subject line “DMCA Notice of Infringement”) containing the information set forth below:

(i) Identification of the copyrighted work claimed to have been infringed. The Site asks that if the work is registered, please include the copyright registration number or a copy of the registration certificate; if the work is unregistered, please include a screenshot or detailed description of the work.
(ii) Identification of the allegedly infringing material that is requested to be removed and where it is located on the Services. The Site asks that you provide a hyperlink to the allegedly infringing material on the Services and describe how the allegedly infringing material infringes your work.
(iii) Your name, address and daytime telephone number, and an e-mail address (if available), so that the Site may contact you if necessary.
(iv) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed.
(vi) A statement acknowledging that the Site may provide a copy of the submitted notice of infringement, including any contact information contained therein, to the user who posted the allegedly infringing content.
(vii) An electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and to submit the statement.

Claims of copyright infringement that include the above-required information should be submitted via postal mail or e-mail to the Site’s Formal Agent as follows:

Director of Digital Media
She Paints, LLC.
Atlanta, GA
wyrdds@gmail.com

The foregoing information is provided exclusively for notifying the Site that your copyrighted or material may have been infringed. Only She Paints, LLC notices of copyright infringement will receive a response through this process. She Paints, LLC notices of infringement that do not contain all the required information (as described above) may not receive a response. If you believe your trademark is being infringed, please see the below instructions for submitting a trademark infringement notice.

11B. PROCEDURE TO SUBMIT TRADEMARK INFRINGEMENT NOTICES.

If you believe in good faith that any content on the Services violates or infringes your trademark rights, please submit a Notice of Trademark Infringement to the Site’s Formal Agent (with the subject line “Trademark Notice”) containing the information set forth below:

(i) Complete contact information, including first and last name, mailing address, phone number, and email address.
(ii) Identification of the specific word, symbol, or phrase in which you claim trademark rights.
(iii) Identification of the basis for your claim of trademark rights (e.g., federal registration, state registration), including the registration number or a copy of the registration certificate, if applicable.
(iv) The country, territory, or jurisdiction in which you claim trademark rights.
(v) The category of goods and/or services for which you claim you are entitled to trademark rights.
(vi) A hyperlink, screenshot, or other information reasonably sufficient to permit the Site to locate the material on the Services that you believe violates your trademark rights.
(vii) An explanation of how you believe this content infringes your trademark.
(viii) If you are not the owner of the trademark, an explanation of your relationship to the owner (e.g., attorney, authorized agent).
(ix) A declaration that:

(1) You have a good faith belief that use of the trademark described above, in the manner you have complained of, is not authorized by the trademark owner, its agent, or the law;
(2) The information in your notice is accurate to the best of your knowledge and belief;
(3) Under penalty of perjury, you are the owner of the trademark allegedly infringed, or are authorized to act on behalf of the owner of that trademark.
(4) Your electronic signature or physical signature.

Claims of trademark infringement that include the above-required information should be submitted via postal mail or e-mail to the Site’s Formal Agent as follows:

Director of Digital Media
She Paints, LLC.
Atlanta, GA
wyrdds@gmail.com

The foregoing information is provided exclusively for notifying the Site that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process. Notices of infringement that do not contain all the required information (as described above) may not receive a response.

11C. GRAVITY OF COPYRIGHT, INTELLECTUAL PROPERTY, AND TRADEMARK INFRINGEMENT NOTICES.

Please be aware that submitting a report of copyright, intellectual property, and trademark infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.

Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.

Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner’s behalf.

12. INDEMNITY.

You agree to defend, indemnify and hold harmless the Site 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 Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, 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 Content 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.

13. 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 the Site or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Site, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the 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.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of the Site, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, the Site shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that the Site shall not be liable for any damages arising from any such interruption, suspension or termination of the Service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the Service.

The Site does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Site Services or any hyperlinked website or service, and the Site 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. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

14. LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, in no event shall the Site, 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, this Service. Under no circumstances will the Site 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, the Site 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 the Service; (iii) any unauthorized access to or use of the Site’s 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 the 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 the Site, 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 the Site hereunder or $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 the Site has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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. This agreement 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 this agreement will not apply to the extent prohibited by applicable law.

15. INFORMAL DISPUTE RESOLUTION AND CLASS ACTION/JURY TRIAL WAIVER.

15A. MANDATORY INFORMAL DISPUTE RESOLUTION.

Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to Morehouse College Cheer by email at morehousecheer@gmail.com.
Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for Morehouse College Cheer to identify any transaction at issue (e.g., your order number, order confirmation communication, game information, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. All monetary transaction claims should be discussed and filed with the third party site/software in which you submit transaction. Morehouse College Cheer will not be responsible for any monies lost, wrongfully used, or accounts tampered.

15B. CLASS ACTION/JURY TRIAL WAIVER.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO WAIVE THEIR RIGHTS TO CLASS ACTION LAWSUITS AND JURY TRIALS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS/CONSUMERS OR BRING OR PARTICIPATE IN, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY LAWSUIT OR OTHER DISPUTE RESOLUTION PROCEDURE. YOU AND WE EXPRESSLY WAIVE THEIR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

16. ASSIGNMENT.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17. SEVERABILITY.

This Agreement and the Site Privacy Policy(ies), together with any amendments and any additional agreements you may enter into with the Site in connection with the Services, shall constitute the entire agreement between you and the Site concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. In the event of any conflict between this Agreement and any separate agreement(s) you may enter into with the Site in connection with the Services, the terms of such separate agreement(s) shall govern.

18. CONTACT.

Please contact the Site at morehousecheer@gmail.com with any questions regarding this Agreement.