Terms of Use

Last Updated: May 23, 2023

  • Overview

  • Eligibility to Use Our Schools USA’s Site

  • Data Privacy

  • Description of the Site

  • Your Use of the Site

  • Restrictions and Requirements for Our Site

  • Assumption of Risk

  • Intellectual Property

  • Third-Party Services and Websites

  • Suspension or Termination of Use

  • Disclaimer of Warranty

  • Limitation of Liability

  • Indemnification

  • Dispute Resolution

  • Governing Law and Forum for Dispute Resolution

  • California Consumer Rights Notice

  • Changes to These Terms of Use

  • Miscellaneous Terms


Overview

These Terms of Use describes Our Schools USA Action Fund’s (“OSU”) terms that govern your use of our Site, including, but not limited to, our web interface located at ourschoolsusaactionfund.org (“Site”) owned by Our Schools USA Action Fund.

These Terms of Use (the “Terms”) are a binding contract between you and OSU. As used in these Terms, “we”, “us”, or “our” also refers to OSU. 

You must agree to and accept all of the Terms, or you do not have the right to use the Site. Your use of the Site in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Site. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that OSU may reference or incorporate into these Terms from time to time.

THESE TERMS CONTAIN AN ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE AND UNDERSTAND THAT DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT OR A JURY TRIAL.

You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and OSU, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of OSU, and you do not have any authority of any kind to bind OSU in any respect whatsoever.

Eligibility to Use OSU Site

To access or use OSU’s Site, you must be able to form a legally binding contract with OSU. You therefore represent and warrant that you are of legal age to form a binding contract. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the Site.

Ages 13 and Over Only. The Site is intended for those ages 13 and over. If you are under 13 years of age, please do not use OSU’s Site.

In accordance with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), OSU will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify OSU of any concerns in this regard.

You will only use the Site for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

If your use of the Site is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Site. If permits and licenses are required for you to use the Site, it is your responsibility to first obtain those prior to such use. OSU is not responsible for your using the Site in a way that breaks any law or regulation.

Data Privacy

OSU takes the privacy of our users very seriously. To view our current Privacy Policy, please click here.

Description of Site

The Site consist of a web-hosted user interface for the Site. You understand that interacting with any of these systems or code that support the Site is ultimately your own decision, and OSU has no control or responsibility for the results of your transactions with the Site.

Your Use of the Site

Your access and use of OSU Site may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the Site. While OSU will make reasonable efforts to make the Site available to you, OSU does not promise that the Site will be available at all times.

You agree that the Site may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site and/or advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy).

Restrictions and Requirements for Our Site

You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:

a. Infringes or violates the intellectual property rights or any other rights of anyone else (including OSU);

b. Violates any law or regulation or these Terms;

c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

d. Jeopardizes the security of OSU;

e. Attempts, in any manner, to obtain the account or other security information from any other individual;

f. Violates the security of any computer network, or cracks any passwords or security encryption codes;

g. Runs any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are using the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure) or that would bypass the navigational structure or presentation of the Site;

h. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site or Content (through use of manual or automated means);

i. Copies or stores any significant portion of the content of the Site;

j. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website; or

k. Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Site.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site to the extent possible. 

Assumption of Risk

By using our Site, you acknowledge and accept that there are substantial risks associated with using the Site provided on the Internet. You agree and understand that you:

  1. Have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Site;

  2. Have the knowledge, experience, understanding, professional advice, and/or information to make your own evaluation of the merits, risks, and applicable compliance requirements  under applicable laws of any use of our Site and are not relying on OSU; and

  3. Accept networking technology generally. You further assume and agree that OSU will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against OSU, our affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.

You take responsibility for all activities and transactions that occur in connection with your use of our Site and accept all risks and consequences of your use of our Site to the maximum extent permitted by law.

Intellectual Property

Your right to access and use of the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Site for lawful, internal, and non-commercial purposes. Subject to your compliance with these Terms, OSU hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes).

The materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including OSU’s) rights. 

You understand that, except with respect to any open source software or third-party software that the Site incorporates, OSU owns the Site, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Site that are proprietary to OSU.

OSU Has and Retains All Rights in Our Site

Except for integrations with or links to third-party applications or websites, the Site itself, all Content, and other subject matter included on or within the Site , and all Intellectual Property Rights in or related to the Site or any such content or other subject matter (“OSU Content”) are the property of OSU and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the OSU Content without our permission.

Subject to the terms and conditions of these Terms, OSU grants you a license to use the Site, including accessing and viewing OSU Content, for your personal, noncommercial use and to engage as expressly permitted by the features of the Site. OSU may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, OSU reserves all other rights, and no other rights are granted by implication or otherwise.

Copyright Policy

OSU respects the intellectual property rights of others and expects its users to do the same. It is OSU’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, OSU will respond expeditiously to claims of copyright infringement committed using the Site that are reported to OSU’s Designated Copyright Agent, identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to OSU’s Designated Copyright Agent. Upon receipt of the Notice as described below, OSU will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. 

Procedure for DMCA Notice of Alleged Infringement (“Notice”)

If you find you have a complaint under the DMCA, please comply with the following procedures in contacting OSU.

(a) Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

(b) Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.

(c) Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

(i)   “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

(ii)   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to OSU ’s Designated Copyright Agent:

Our Schools USA Action Fund’s Copyright Agent 

4195 Chino Hills Parkway, #290

Chino Hills, CA 91709

info@ourschoolsusaactionfund.org

What If I Receive A Copyright Complaint (DMCA) Notification?

If you receive a notification that your third party content has been removed due to a copyright complaint, it means that the content has been deleted from OSU at the request of the content’s owner. If you receive too many copyright complaints, you may lose the ability to contribute new content on OSU, and your access to OSU may be disabled completely.

If you believe your third party content was removed in error, you have the option to file a counter-notice by following the steps below. When OSU receives a valid counter-notice, we will forward a copy to the person who filed the original complaint. If OSU does not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, OSU will remove the complaint from your record, and we may replace the content that was removed.

There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to File a Counter-Notice

 (a) Reply to the notification you received.

(b) Include ALL of the following:

(i) Your name, address, and telephone number;

(ii) DMCA ID printed at the bottom of the notification email;

(iii) The source address of the content that was removed (copy and paste the link in the notification email);

(iv) A statement under penalty of perjury that you have a good faith belief that the content was removed in error;

(v) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which OSU may be found, and that you will accept service of process from the person who provided the original complaint under 17 U.S.C. § 512(c)(1)(C) or an agent of such person; and

(vi) A physical or electronic signature (for example, typing your full name).

 Trademark Policy

OSU respects the trademark rights of others. 

Our Schools USA, the OSU logo, and other OSU logos and names are trademarks and are the intellectual property of Our Schools USA, Inc. You agree not to display or use this intellectual property in any manner without OSU’s prior, written consent. The names and logos of third parties may be their trademarks. You may not infringe on their proprietary rights. All rights are reserved.

If you are concerned that someone may be using your trademark in an infringing way on our Site, you can let us know by completing the form below. OSU will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from the OSU Sit .

 Trademark Infringement Claim Form

(a) Identify the infringing name, the exact word or symbol that is trademarked and details regarding how the trademark is or was being infringed. Please also include the following:

(i) The trademark registration number; and

(ii) The trademark registration office (e.g., USPTO).

(b) Provide your full name, email address (preferably a company email address), your relation to the trademark holder, your company name, your full mailing address, and your phone number.

(c) Also helpful, but not mandatory, are the following:

(i) Link to the trademark record;

(ii) Date of first use;

(iii) Date of trademark application; and

(iv) Date of Registration.

(d) Finally, tell us whether you:

(i) Want to claim the username at issue;

(ii) Want to blacklist the username from further use; or

(iii) Want OSU to take other action.

(e) Include both of the following statements:

(i) “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights.”

(ii) “I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark.”

 Send the above-described notice to:

Our Schools USA Action Fund’s Trademark Agent 

4195 Chino Hills Parkway, #290

Chino Hills, CA 91709

Third-Party Services and Websites

Any third-party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third-Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.

OSU is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.

The Site may contain links or connections to third party websites or services that are not owned or controlled by us. In other cases, third party websites or services may integrate with our Site, or we may integrate with third party websites or other services. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that our Site may be used with other third party services should not be taken as an endorsement of those services. OSU encourages you to be aware when you leave the Site or Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.

OSU has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Site. In addition, OSU will not and cannot monitor, verify, censor, or edit the content of any third party site or service. By using the Site, you release and hold OSU harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants of the Site, or between users and any third party, you agree that OSU is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release OSU, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Suspension or Termination of Use

You may terminate your use of our Site at any time. OSU may terminate (or suspend access to) your use of the Site for any reason in our discretion, including your breach of these Terms. OSU has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay OSU (if applicable) or indemnify OSU, any limitations on OSU’s liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between you and OSU.

You agree that OSU shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Site. In addition, we reserve the right to terminate your access to our Site for any reason, and to take any other actions that OSU, in its sole discretion, believes to be in the interest of OSU and of our users as a whole.

Disclaimer of Warranty

Your Use of the Site is Subject to Certain Disclaimers. OSU’s SITE IS AVAILABLE “AS IS.” OSU DOES NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. OSU DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. OSU DOES NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH OSU SITE OR AVAILABLE THROUGH OUR SITE. OSU RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH OSU WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, OSU DOES NOT GUARANTEE OR WARRANT THAT OUR SITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE, DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. OSU IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE, AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. 

Limitation of Liability

OSU, its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these Terms).

Despite anything else stated in these Terms, OSU shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Site, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without  limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OSU BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold OSU, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site, or (b) your violation of these Terms or applicable law. OSU reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide OSU with such cooperation as is reasonably requested by us.

Dispute Resolution

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU, AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

4195 Chino Hills Parkway, #290

Chino Hills, CA 91709

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. 

BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND OSU ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either you or we can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not want to arbitrate disputes with OSU, and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to info@ourschoolsusaactionfund.org within thirty (30) days of the first date you access or use the Site. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Forum for Dispute Resolution

These Terms, and your relationship with OSU under these Terms, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with OSU, or its officers, directors, employees, agents, or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case OSU may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, OSU is able to offer the Site at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.

You also acknowledge and understand that, with respect to any dispute with OSU, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Site, or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the OSU Site.

Changes to These Terms of Use

OSU is constantly working to improve its Site, and these Terms may need to be updated. OSU reserves the right to change these Terms at any time. Updates to these Terms will be made available on the OSU Site (ourschoolsusa.org]). OSU may suspend or discontinue any part of the Site, or OSU may introduce new features or impose limits on certain features or restrict access to parts or all of the Site. OSU reserve the right to remove any content from the Site at any time, for any reason in our sole discretion, and without notice.

If you do not agree with the new Terms after any changes, please immediately discontinue your uses of the Site. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OSU without restriction. Any attempt to assign or transfer these Terms, and any rights and licenses, will be null and void.

Miscellaneous Terms

Entire Agreement. The Terms of Use, including OSU’s Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and OSU and governs your use of the site, superseding any contemporaneous or prior agreements between you and OSU.

Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of California, County of San Bernardino, without regard to its conflict of law provisions.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. OSU may transfer, assign, or delegate these Terms and our rights and obligations without consent. 

Waiver and Severability. The failure of OSU to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. OSU may provide you with notices, including, without limitation, those regarding changes to these Terms and other Site-related announcements, by postings on the Site or via email.

Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.

OSU May be Legally Compelled to Disclose Certain Information. You agree that in the event OSU receives a subpoena issued by a court or from a law enforcement or government agency, OSU may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto. 

Contact Information. Please send any questions, comments, or report any Terms of Use violations to info@ourschoolsusaactionfund.org.