TERMS OF SERVICE
Date of Last Revision: June 11, 2020
1. Welcome to Demystifying Silicon Valley
1.1 Introduction
AKRF Investments, LLC, d/b/a Demystifying Silicon Valley (“Demystifying Silicon Valley,” “we,” “us,” “our”) provides its services to you through its website located at DemystifyingSiliconValley.com (the “Site”) and through future mobile applications and related services, such as mentoring and webinars (collectively, and including any new services or improvements, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
1.2 Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.
1.3 Privacy
At Demystifying Silicon Valley, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal data as outlined in the Privacy Policy.
1.4 Purpose of the Services
Demystifying Silicon Valley seeks to provide you educational information about innovation, entrepreneurship, venture capital, and related subjects. All ventures in these areas are incredibly risky and require years of hard work, timing, and luck. We make no promises about your success in any entrepreneurial ventures you undertake. All situations are inherently fact specific and general advice may not apply to your specific situation. And even if you do everything right, the failure rate for startup ventures and investing is shockingly high. You agree always to seek the best consultants, directors, officers, and professionals for your venture who are compensated for their specific advice and have fiduciary obligations to your organization. You agree that we are none of the foregoing.
1.5 No Legal Advice
No advice provided in connection with Demystifying Silicon Valley shall be deemed legal advice, whether provided in a group setting or a one-on-one setting, and under no circumstance is any attorney client relationship, or an expectation of one, created or even remotely reasonable. You agree always to seek independent professional advice and third party consultations for any legal, tax, or business issue you face.
1.6 Community
We seek to create a positive, respectful, and engaged community at Demystifying Silicon Valley which promotes entrepreneurship and the goals of human progress. Our standards are outlined in our Community Guidelines and in this Terms of Service. We have the right to determine in our sole discretion whether you have violated the Community Guidelines or their spirit, and to take any actions we deem appropriate, including terminating your participation in the Services.
1.6 Exceptions
If you wish to engage in an action prohibited by the Terms of Service, especially misuse of our intellectual property rights, which we take very seriously, please contact us first and obtain a written waiver with appropriate terms and conditions (if we agree to grant a waiver).
2. Access and Use of the Service
2.1 Use Description
The Services, and any content viewed through our Service, is solely for your personal use. With your Demystifying Silicon Valley purchase we grant you a limited, non-exclusive, non-transferable, license to access the Demystifying Silicon Valley content and view your course(s) and other content through the service on a streaming-only basis and to engage in any community activity with other members, if you are a member. Except for this limited license, no right, title or interest shall be transferred to you. You agree not to use the service for any other use or distribution and not to make recordings of or distribute any of the content. Demystifying Silicon Valley may revoke your license and/or membership at any time in its sole discretion. Upon such revocation, you must promptly destroy all content obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
2.2 Your Registration Obligations
You may be required to register with Demystifying Silicon Valley in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
2.3 Member Account, Password and Security
You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure.
2.4 Modifications to Service
Demystifying Silicon Valley reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part) with or without notice. You agree that Demystifying Silicon Valley will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
2.5 General Practices Regarding Use and Storage
You acknowledge that Demystifying Silicon Valley may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Demystifying Silicon Valley’s servers on your behalf. You agree that Demystifying Silicon Valley has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
2.6 Mobile Services
The Service may include certain services that are available via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile Services may be prohibited or restricted by your carrier, and not all mobile Services may work with all carriers or devices.
2.7 Money Back Guarantee
Should you become dissatisfied with the Service within the first 30 days after purchase, Demystifying Silicon Valley will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Demystifying Silicon Valley’s sole discretion. If Demystifying Silicon Valley determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, email Support at [email protected]
3. Conditions of Use
3.1 User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (collectively, “content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Demystifying Silicon Valley reserves the right to investigate and take appropriate legal action against anyone who, in Demystifying Silicon Valley’s sole discretion, violates these Terms and Service, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree not to:
- use the Service to email or otherwise to upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation not authorized by the site; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vii) in the sole judgment of Demystifying Silicon Valley, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Demystifying Silicon Valley or its users to any harm or liability of any type;
- violate the community standards of the Service, as determined in our sole discretion;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Fees
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Demystifying Silicon Valley information regarding your credit card or other payment instrument. You represent and warrant to Demystifying Silicon Valley that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes that may occur. You agree to pay Demystifying Silicon Valley the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Demystifying Silicon Valley to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Demystifying Silicon Valley know within 60 days after the date that Demystifying Silicon Valley charges you. We reserve the right to change Demystifying Silicon Valley’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Demystifying Silicon Valley’s net income.
3.3 Recurring Subscriptions
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Demystifying Silicon Valley to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Demystifying Silicon Valley is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Demystifying Silicon Valley, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. Demystifying Silicon Valley may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are nonrefundable, except as specifically provided for in these Terms of Service, and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3.4 Commercial Use
Unless otherwise expressly authorized herein or by Demystifying Silicon Valley in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior written consent.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Demystifying Silicon Valley, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Demystifying Silicon Valley from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized in these Terms of Service is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Demystifying Silicon Valley, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in this Terms of Service are reserved by Demystifying Silicon Valley.
The Demystifying Silicon Valley name and logos are trademarks and service marks of Demystifying Silicon Valley (collectively the “Demystifying Silicon Valley Trademarks”). Other product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Demystifying Silicon Valley. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Demystifying Silicon Valley Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Demystifying Silicon Valley Trademarks will inure to our exclusive benefit.
4.2 Third Party Material
Under no circumstances will Demystifying Silicon Valley be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Demystifying Silicon Valley does not pre-screen content, but that Demystifying Silicon Valley and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Demystifying Silicon Valley and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Demystifying Silicon Valley, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted
Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Demystifying Silicon Valley, its affiliated companies and partners (including but not limited to Demystifying Silicon Valley instructors, practitioners, and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Demystifying Silicon Valley, its affiliated companies or partners are non-confidential and Demystifying Silicon Valley, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Demystifying Silicon Valley may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Demystifying Silicon Valley, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Copyright Complaints
Demystifying Silicon Valley respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Demystifying Silicon Valley of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
David Frazee, CEO
Demystifying Silicon Valley
151 Giffin Road
Los Altos, CA 94022
USA
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.5 Counter-Notice
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the address provided in Section 4.4: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, Demystifying Silicon Valley will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Demystifying Silicon Valley has adopted a policy of terminating, in appropriate circumstances and at Demystifying Silicon Valley’s sole discretion, users who are deemed to be repeat infringers. Demystifying Silicon Valley may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Demystifying Silicon Valley has no control over such sites and resources and Demystifying Silicon Valley is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Demystifying Silicon Valley will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Demystifying Silicon Valley is not liable for any loss or claim that you may have against any such third party.
6. Social Networking Services
In the future, we may enable you to log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Demystifying Silicon Valley’s use, storage and disclosure of information related to you and your use of such services within Demystifying Silicon Valley (including your friend lists and the like), please see our Privacy Policy.
However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Demystifying Silicon Valley shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Demystifying Silicon Valley is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Demystifying Silicon Valley is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Demystifying Silicon Valley enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
7. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Demystifying Silicon Valley and its affiliates and their officers, employees, directors, and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, DEMYSTIFYING SILICON VALLEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DEMYSTIFYING SILICON VALLEY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEMYSTIFYING SILICON VALLEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEMYSTIFYING SILICON VALLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DEMYSTIFYING SILICON VALLEY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DEMYSTIFYING SILICON VALLEY IN THE LAST SIX MONTHS, OR, IF GREATER, US$100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver
You and Demystifying Silicon Valley agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at David Frazee, CEO, Demystifying Silicon Valley, 151 Giffin Road, Los Altos, CA 94022, and [email protected] Silicon Valley.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Further, your failure to engage in good faith negotiations shall be deemed a material breach of the Terms of Service.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed US$250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding US$250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Jose, California, and you and Demystifying Silicon Valley agree to submit to the personal jurisdiction of any federal or state court in San Jose, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DEMYSTIFYING SILICON VALLEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Demystifying Silicon Valley at the address identified in Section 14 below. The notice must be sent within 30 days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Demystifying Silicon Valley also will not be bound by them. If Demystifying Silicon Valley changes this Arbitration section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Demystifying Silicon Valley’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Demystifying Silicon Valley in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND DEMYSTIFYING SILICON VALLEY REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
11. Termination
You agree that Demystifying Silicon Valley, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Demystifying Silicon Valley believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or the site’s community standards, as determined in our sole discretion. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Demystifying Silicon Valley may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Demystifying Silicon Valley may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Demystifying Silicon Valley will not be liable to you or any third party for any termination of your access to the Service.
12. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Demystifying Silicon Valley will have no liability or responsibility with respect to such disputes. Demystifying Silicon Valley reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
13. General
These Terms of Service constitute the entire agreement between you and Demystifying Silicon Valley and govern your use of the Service, superseding any prior agreements between you and Demystifying Silicon Valley with respect to the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and Demystifying Silicon Valley agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Demystifying Silicon Valley to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Demystifying Silicon Valley, but Demystifying Silicon Valley may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Demystifying Silicon Valley be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
14. Questions? Concerns? Suggestions?
Please contact us at [email protected] Silicon Valley.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
