Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND THE EDUCATION FUND INC., AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Welcome and thank you for using this website, provided by The Education Fund Inc., or its affiliates that provide access or links to these Terms and Conditions (collectively, “TEFI,” “us,” or “we”). By visiting, using, registering with, or providing information at https://www.miamilovesteachers.org/ (the “Site”), you accept these Terms, including the arbitration provision and class action waiver herein, so please read them carefully.

By using the Site, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using the Site. If you do not agree to these Terms, then you should not use the Site. If at any time you do not accept all of these Terms, you should immediately stop using the Site.

Privacy

For information on how we handle, use, and share information we collect from you or about you when you use the Site, please review our Online Privacy Policy.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically about a service or response to a question or comment, or because you have chosen to receive informational emails. We will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Dispute Resolution by Binding Individual Arbitration and Class Action Waiver (“Dispute Resolution”)

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TEFI TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of the Site, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and TEFI agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under

the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.

You and TEFI also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Florida shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

If the arbitration takes place in-person, it shall be held in the City of Miami. If you commence an arbitration action against TEFI, you must provide notice to TEFI at:

The Education Fund

Office of The President

6713 Main Street, Suite 240

Miami, FL, 33014.

If TEFI commences an arbitration action against you it will send the notice to your last address of record with TEFI.

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and TEFI agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

For purposes of this Dispute Resolution section, TEFI includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to TEFI; (b) companies with which TEFI shares data regarding your use of TEFI’s websites, including by way of illustration and not limitation, website analytics companies.

Links to Third Party Websites

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. We encourage you to review such third party’s online terms and privacy policies.

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY TEFI ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, TEFI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY,

QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site, or any services, information, or items obtained through the Site, or to your downloading of any material posted on it, or on any other site linked to it.

To the fullest extent permitted by applicable law, TEFI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TEFI does not warrant that the Site, its servers or e-mail sent from TEFI are free of viruses or other harmful components. TEFI will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to indirect, incidental, punitive and consequential damages.

The parties agree that the limitations of liability specified in this section are essential provisions of these terms, without which the Site would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.

Governing Law

These Terms and Conditions shall be governed by the laws of the State of Florida, without giving effect to the conflicts of law provisions. To the extent that a dispute relating to your use of the Site or the App, these Terms and Conditions, or TEFI’s Privacy Policy, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Miami-Dade County, Florida, and the parties submit to the personal jurisdiction and venue in such courts for such actions.

Severability and Survival

Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.

In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.

Site Policies and Modification

Please review our other policies, such as our applicable privacy policies, posted on the Site.

To the extent these Terms conflict with other policies, such as the Privacy Policy, these Terms control.

 

We reserve the right to make changes to our Site, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.

If TEFI amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that TEFI had actual notice of on the date of the amendment. If TEFI terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes which arose prior to the date of termination.

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.