Terms of Use Agreement

Date of Last Revision: January 5, 2017
Acceptance of the Terms and Conditions.

Peace First, Inc. (herein referred to as “Peace First,” “we,” “us” or “our”) provides and makes available this web site (this “Site”) to provide Site visitors and users (“you,” “your”) with information about our organization and access to our Peacemaking platform, curriculum, tools, guides and other resources and grant, fellowship and prize applications (this Site and such materials and services collectively, the “Peace First Services”). All use of the Peace First Services is subject to the terms and conditions contained in this Terms of Use Agreement (this “Agreement”). Please read this Agreement carefully, AS IT INCLUDES AN ARBITRATION PROVISION AND OTHER SECTIONS CONCERNING CERTAIN LIMITATIONS ON YOUR LEGAL RIGHTS.

If you are under 13 years of age, you are not authorized to use this Site. If you are under 13 and would like to apply for any Peace First grants, fellowships or prizes, please ask your parent or guardian to complete an application through the Peace First Services.

If you are 13 or older but under 18, you may use the Peace First Services, with or without registering, only with the approval of your parent or guardian. If you are a parent or guardian agreeing to this Agreement for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to this Agreement and accept full responsibility for your child’s use of the Peace First Services.

By accessing, browsing or otherwise using the Peace First Services, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, do not access, browse or use the Peace First Services, or, if you are a parent or guardian, permit your child to access, browse or use the Peace First Services.

You understand and agree that we may change this Agreement at any time. If we do, we will post the changes on this page and indicate at the top of this page the date this Agreement was last revised. We will notify you of material changes to this Agreement through a notice on this Site, an email notification or other reasonable means. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on this Site. The revised AGREEMENT will become effective at the time of posting. Any continued use of the Peace First Services after such date shall constitute your acceptance of such revised AGREEMENT. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Peace First Services.

In addition, when using certain services or applying for any grants, fellowships or prizes (collectively, “Grants”) made available through the Peace First Services, you will be subject to any additional terms applicable to such services or Grants that may be posted on the Peace First Services or in connection with such services or Grants from time to time. All such terms are hereby incorporated by reference into this Agreement. If there is any conflict between such additional terms and this Agreement, the additional terms will supplement or amend this Agreement, but only with respect to the matters governed by the additional terms.

Your access to and use of the Peace First Services is also subject to Peace First’s Privacy Policy located here, the terms and conditions of which are hereby incorporated herein by reference.

Use of the Peace First Services.

            Peace First Services Description: Peace First is a nonprofit organization that exists to create the next generation of peacemakers. We view young people as natural problem solvers and creative thinkers, and invest in their ability to see themselves as leaders. We provide access to the Peace First Services to a community of young peacemakers dedicated to finding compassionate solutions to the world’s problems, and facilitate their projects and conversations between users of the Peace First Services.

            Your Registration Obligations: You may be required to register with Peace First and set up a profile in order to access and use certain features of the Peace First Services, including participating in user groups associated with your school or community organization. If you choose to register for the Peace First Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. The registration and profile information that you provide and certain other information about you are governed by our Privacy Policy. We note that certain information you provide in your profile, including your username, location, age, biography, issues that you care about, your reasons for joining the Peace First community and your thoughts on what you bring to the Peace First community, will be viewable by other users of and visitors to the Peace First Services.

            Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Peace First of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Peace First Services. Peace First will not be liable for any loss or damage arising from your failure to comply with this section.

User Interactions and Disputes: You agree that you are solely responsible for your interactions with any other users in connection with your use of the Peace First Services, and Peace First will have no liability or responsibility with respect thereto. You further agree that you will not use the Peace First Services to ask for personal information about others or provide personal information about yourself. Peace First reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Peace First Services.

            Modifications to Peace First Services: Peace First reserves the right to modify or discontinue, temporarily or permanently, the Peace First Services (or any part thereof), with or without notice. You agree that Peace First will not be liable to you or to any third party for any modification, suspension or discontinuance of the Peace First Services.

            General Practices Regarding Use and Storage: You acknowledge that Peace First may establish general practices and limits concerning use of the Peace First Services, including without limitation the maximum period of time that data or other content will be retained by the Peace First Services and the maximum storage space that will be allotted on Peace First’s servers on your behalf. You agree that Peace First has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Peace First Services. You acknowledge that Peace First reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Peace First reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Peace First Services includes certain services that are available via a mobile device, including the ability to upload content to the Peace First Services via a mobile device and the ability to browse the Peace First Services from a mobile device (collectively, the “Mobile Services”). To the extent you access the Peace First Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

 

Conditions of Use.

            User Conduct: You are solely responsible for all video, images, information, data, text, software, code, music, sound, photographs, graphics, messages, links or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) to or email to or otherwise use via the Peace First Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Peace First. Peace First reserves the right to investigate and take appropriate legal action against anyone who, in Peace First’s sole discretion, violates this provision, including without limitation, removing the offending content from the Peace First Services, suspending or terminating the account of such violators and reporting such violators to law enforcement authorities. You agree to not use the Peace First Services to:

a)                  email or 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; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Peace First, is objectionable or which restricts or inhibits any other person from using or enjoying the Peace First Services, or which may expose Peace First or its users to any harm or liability of any type;

b)                  interfere with or disrupt the Peace First Services or servers or networks connected to the Peace First Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Peace First Services; or

c)                  violate any applicable local, state, national or international law, or any regulations having the force of law;

d)                 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e)                  solicit personal information from anyone under the age of 18;

f)                   harvest or collect email addresses or other contact information of other users from the Peace First Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g)                  advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h)                  further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

i)                    obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Peace First Services.

Special Notice for International Use; Export Controls: The technology and software underlying the Peace First Services (the “Software”) that is made available in connection with the Peace First Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Peace First Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Peace First Services, including as it concerns online conduct and acceptable content.   

Intellectual Property Rights.

The Peace First Services contain material, including but not limited to Software, text, graphics and images (such material collectively, including the Peace First Tools (as defined below), the “Services Content”). We may own the Services Content or portions of the Services Content may be made available to us through arrangements that we have with third parties. The Services Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Services Content may result in violation of copyright, trademark and other proprietary rights and laws. You have no rights in or to the Services Content, and you will not use, copy or display the Services Content except as permitted under this Agreement, provided that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Peace First Services. You may be inspired by and use ideas and suggestions submitted by users of the Peace First Servicesor other Services Content for non-commercial purposes in connection with Peacemaking projects in your community. Subject to the terms and conditions of this Agreement, you may also copy, display, perform and distribute any Peacemaking project tools, guides and materials made available by Peace First through the Peace First Services (collectively, the “Peace First Tools”) for non-commercial purposes in connection with Peacemaking projects, provided that you (a) do not remove or alter any copyright or other proprietary notices contained in the Peace First Tools in the copies that you use or make, and (b) include the following notice in connection with public uses of the Peace First Tools:

Copyright © Peace First, Inc. All rights reserved. Used with the permission of Peace First, Inc.

No other use is permitted without our prior written consent, and any rights not expressly granted in this Agreement are reserved by Peace First. You must retain all copyright and other proprietary notices contained in the original Services Content on any copy you make of the Services Content.

No Commercial Use: You may not sell, transfer, assign, license, sublicense or modify the Services Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the Services Content or User Content (other than your own User Content) in any way for any commercial purpose.

If you violate any part of this Agreement, your right to access and/or use the Services Content and the Peace First Services shall automatically terminate and you shall immediately destroy any copies you have made of the Services Content. If you are blocked by Peace First from accessing the Peace First Services (including by 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).

The trademarks, service marks and logos of Peace First (the “Peace First Trademarks”) used and displayed on the Peace First Services are registered and unregistered trademarks or service marks of Peace First. Other company, product and service names located on the Peace First Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with Peace First Trademarks, the “Trademarks”). Nothing on the Peace First Services or in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Peace First Services without the prior written consent of Peace First specific for each such use. The Trademarks may not be used to disparage Peace First or the applicable third party, Peace First’s or the third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Peace First Services is prohibited without Peace First’s prior written consent. All goodwill generated from the use of any Peace First Trademark shall inure to Peace First’s benefit.

You agree not to: (a) take any action that imposes an unreasonable load on the Peace First Services’ infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Peace First Services or any activity being conducted on this Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the Software, (d) delete or alter any material posted on the Peace First Services by Peace First or any other person or entity, or (e) frame, scrape or link to any of the materials or information available on the Peace First Services or engage in or use any similar data gathering or extraction methods in connection with your use of the Peace First Services.

Third Party Material:  Under no circumstances will Peace First 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 Peace First does not pre-screen content, but that Peace First 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 Peace First Services. Without limiting the foregoing, Peace First and its designees will have the right to remove any content that violates this Agreement or is deemed by Peace First, 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.

 

User Content Transmitted Through the Peace First Services:  With respect to the content that you upload through the Peace First Services 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, or that you otherwise have permission to grant the license set forth in this paragraph. By uploading any User Content you hereby grant and will grant Peace First and its affiliated entities a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Peace First Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. By uploading User Content, you further acknowledge and agree that such User Content will be viewable by other users of and visitors to the Peace First Services, and that others may be inspired by and use ideas and suggestions embodied in your User Content for non-commercial purposes in connection with Peacemaking projects in their communities. Considering the public nature of the Peace First Services, do not include personal data or social media usernames in your User Content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Peace First Services (“Submissions”) provided by you to Peace First are non-confidential, and Peace First will be entitled to the unrestricted use and dissemination of these Submissions for any purpose without acknowledgment or compensation to you. 

You acknowledge and agree that Peace First 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 this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of Peace First, its users and the public. You understand that the technical processing and transmission of the Peace First Services, 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.

 

Copyright Complaints: Peace First 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 Peace First of your infringement claim in accordance with the procedure set forth below.

Peace First will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Peace First’s Copyright Agent at finance@peacefirst.org (Subject line:  “DMCA Takedown Request”). You may also contact us by mail or fax at:

Peace First Office
25 Kingston Street; 6th floor
Boston, MA 02111
Fax: 617-261-6444

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 Peace First Services, with enough detail that we may find it on the Peace First Services;
  • 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.

 

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 Copyright Agent:

  • 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 the District of Massachusetts 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 the Copyright Agent, Peace First 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.

 

            Repeat Infringer PolicyIn accordance with the DMCA and other applicable law, Peace First has adopted a policy of terminating, in appropriate circumstances and at Peace First's sole discretion, users who are deemed to be repeat infringers. Peace First may also at its sole discretion limit access to the Peace First Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third-Party Web Sites.

The Peace First Services contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We have no control over and are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You acknowledge and agree that Peace First 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 External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. Any dealings you have with third parties found while using the Peace First Services are between you and the third party, and you agree that Peace First is not liable for any loss or claim that you may have against any such third party.

Social Networking Services.

We may offer you the opportunity to enable or log in to the Peace First Services via various online third-party services, such as social media and social networking services like Facebook (such services collectively, “Social Media Services”). You are in no way obligated to use any Social Media Services in connection with the Peace First Services. By integrating these Social Media Services into the Peace First Services, we make your online experiences more personalized. As part of such integration, the Social Media Services may provide us with access to certain information that you have provided to such Social Media Services, and we will use, store and disclose such information in accordance with our Privacy Policy. We may ask you to authenticate, register for or log into Social Media Services on the web sites of their respective providers to take advantage of this feature and its capabilities. For more information about the implications of activating these Social Media Services within the Peace First Services and Peace First’s use, storage and disclosure of information related to you and your use of such services, please see our Privacy Policy at http://www.peacefirst.org/privacy. Please remember that the manner in which Social Media Services use, store and disclose your information is governed solely by the policies of such third parties, and Peace First will 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 Peace First Services.

In addition, Peace First 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 Media Services. As such, Peace First 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 Media Services. Peace First enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation of any Social Media Services.

Limitation of Liability and Disclaimer of Warranties.

PEACE FIRST, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “PEACE FIRST PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PEACE FIRST SERVICES OR THE SERVICES CONTENT, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE PEACE FIRST PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE PEACE FIRST SERVICES OR THE SERVICES CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PEACE FIRST SERVICES AND THE SERVICES CONTENT AT YOUR OWN RISK.

THE PEACE FIRST PARTIES DO NOT WARRANT THAT THE PEACE FIRST SERVICES OR THE SERVICES CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PEACE FIRST SERVICES WILL MEET YOUR EXPECTATIONS. THE PEACE FIRST PARTIES DO NOT WARRANT THAT THE PEACE FIRST SERVICES WILL OPERATE SECURELY OR IN AN ERROR‑FREE MANNER OR THAT THE PEACE FIRST SERVICES, ITS SERVER OR THE SERVICES CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PEACE FIRST SERVICES OR THE SERVICES CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PEACE FIRST PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE PEACE FIRST SERVICES AND THE SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PEACE FIRST PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY AND NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY PEACE FIRST PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOSS OF GOODWILL, USE, DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PEACE FIRST SERVICES AND THE SERVICES CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PEACE FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PEACE FIRST PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PEACE FIRST SERVICES, THE SERVICES CONTENT OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PEACE FIRST SERVICES.

Indemnification and Release. 

You agree to release, indemnify and hold harmless the Peace First Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your use of the Peace First Services or any User Content, your connection to the Peace First Services, your breach of this Agreement or your violation of any rights of another. Peace First will provide notice to you of any such claim, suit or proceeding. Peace First reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Peace First’s defense of such matter. Notwithstanding the foregoing, you have no obligation to indemnify or hold harmless any Peace First Party from or against any losses, damages, expenses or costs incurred as a result of any action or inaction of such Peace First Party.

Waiver of Jury Trial; Dispute Resolution by Binding Arbitration.

 PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. You agree that, by entering into this Agreement, you and Peace First are each waiving the right to a trial by jury. You further agree that any controversy or claim between you and Peace First arising out of or relating to your use of the Peace First Services or this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association, rather than a court, in accordance with its rules and procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be Boston, Massachusetts. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Termination.

Peace First reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement, your account or your access to all or any part of the Peace First Services or the Services Content at any time and for any reason without prior notice or liability. You acknowledge and agree that Peace First 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 Peace First Services. Further, you agree that Peace First will not be liable to you or any third party for any termination of your access to the Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Peace First Services may be referred to appropriate law enforcement authorities.

Peace First also reserves the right to change, suspend or discontinue all or any part of the Peace First Services or the Services Content at any time without prior notice or liability.

The sections of this Agreement titled User Interactions and Disputes, Intellectual Property Rights, Third-Party Web Sites, Limitation of Liability and Disclaimer of Warranties, Indemnification and Release, Waiver of Jury Trial; Dispute Resolution by Binding Arbitration, Termination, User Must Comply with Applicable Laws and Miscellaneous shall survive the termination of this Agreement or the Peace First Services.

User Must Comply with Applicable Laws.

The Peace First Services are based in Boston, Massachusetts. We make no claims concerning whether the Services Content may be downloaded, viewed or be appropriate for use outside of the United States. If you access the Peace First Services or the Services Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Services Content to countries or persons prohibited under the export control laws. By downloading any Services Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Services Content.

U.S. Government Restricted Rights. The Services Content is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Peace First Services or the Services Content by the Government constitutes acknowledgement of our proprietary rights in the Peace First Services and the Services Content.

Miscellaneous.

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having 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. Failure of Peace First to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Peace First unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed in writing by Peace First and you, this Agreement constitutes the entire Agreement between you and Peace First with respect to your use of the Peace First Services and the subject matter of this Agreement, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Peace First with respect to your use of the Peace First Services and the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The section headings are provided merely for convenience and shall not be given any legal import. 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 Agreement without the prior written consent of Peace First, but Peace First may assign or transfer this Agreement, in whole or in part, without restriction. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Peace First Services might be publicly accessible. Important and private information should be protected by you. Peace First is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

Questions? Concerns?

Please contact us at finance@peeacefirst.org to report any violations of this Agreement or to pose any questions regarding this Agreement or the Peace First Services.