Welcome to Socrates Plus! Use of our streaming service is governed by the following terms and conditions.
The “Socrates Plus Service” means the streaming service provided to you by Socrates in the City® and its affiliated companies (including successors and assigns, “Socrates,” “we,” “us” or “our”), including (i) all Socrates Plus websites and pages, applications, software, user interfaces, features and functionalities, and (ii) all material, including images, videos, text, and audio associated with our service (“Content”). Socrates operates under the Capstone Legacy Foundation.
These Terms of Service set out the agreement between you and Socrates regarding how you can use the Socrates Plus Service and what responsibilities you and Socrates have to each other. These Terms of Service contain important information regarding your legal rights.
Please read them both carefully.
1.1. Acceptance of the Terms of Service. You may access the Socrates Plus Service in accordance with the Terms of Service. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service in connection with your access to and/or use of the Socrates Plus Service. If you do not agree to these Terms of Service, you may not access or use the Socrates Plus Service. By using the Socrates Plus Service, you will be deemed to have agreed to these Terms of Service.
1.2. Eligibility. The Socrates Plus Service is for users who are 15 years of age or older. You may not access or use the Socrates Plus Service if you barred from receiving the Socrates Plus Service under these Terms of Service or applicable law. By accessing or using the Socrates Plus Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea, or Syria), and (ii) your access to and use of the Socrates Plus Service will comply with the United States export control and economic sanctions requirements. Parental control protections (such as computer hardware, software, or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
1.3. Supplemental Terms. Supplemental terms and conditions may apply to your use of certain aspects or features of the Socrates Plus Service (“Supplemental Terms”), which we will provide to you or post on the Socrates Plus Service. For clarity, the Help Center is deemed a set of
Supplemental Terms. Any Supplemental Terms are in addition to and deemed part of these Terms of Service, and to the extent there is a conflict between the Supplemental Terms and these Terms of Service, the Supplemental Terms will prevail with respect to such conflict (except that these Terms of Service will control in the event of a conflict with the Help Center). If you do not agree to the applicable Supplemental Terms, you may not use the features of the Socrates Plus Service to which they apply.
1.4. Modifications. YOUR ACCESS TO OR USE OF THE SOCRATES PLUS SERVICE IS GOVERNED BY THE THEN-CURRENT TERMS OF SERVICE. We may modify these Terms of Service at any time and from time to time. Your continued access or use of the Socrates Plus Service after we post changes to these Terms of Service will be deemed acceptance of these Terms of Service as modified. We encourage you to check Socrates Plus’s website regularly for any such changes. Customer service representatives are not authorized to modify these Terms of Service or any Supplemental Terms, either verbally or in writing, and any such modifications will have no effect.
1.5. Account Registration. You may be asked to provide registration information in order to access the Socrates Plus Service. You are responsible for providing correct, current, and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The Socrates Plus Service and any usernames and/or passwords you use to access the Socrates Plus Service (“Passwords”) are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to your Socrates Plus Service account. You may terminate your account for any reason or no reason, and we may suspend or terminate your account for any or no reason, including a violation of these Terms of Service.
2.1. Subscriptions and Fees. To use the Socrates Plus Service, you must sign up for a subscription and pay a subscription fee (plus applicable taxes and fees), although we may in our sole discretion provide limited access to the Socrates Plus Service and/or some of its Content free of charge. The Socrates Plus Service may include multiple plans, and these plans may have different rules, which we will provide to you at sign-up. Unless otherwise stated on your sign-up page and subject to applicable law, if you sign up for a subscription, you agree that your subscription may be automatically renewed for subsequent subscription periods of equal length (for example, monthly or annually) and at the then-current subscription fee (plus applicable taxes and fees) for such subscription. You acknowledge that (i) billing for a particular plan may not occur on the same date of each month, and (ii) billing for plan upgrades or other add-ons may not occur on the same date as billing for your underlying subscription.
Subscription purchases have no monetary value (for example, they are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, and non-transferable right to access and use the Socrates Plus Service in accordance with these Terms of Service. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any such attempted transfer will be null and void.
The Socrates Plus Service and any Content accessible through it are for your personal, non-commercial use only and may not be shared beyond your household. You are solely responsible for all use of your account, including the use of your account by other members of your household. You agree not to use the Socrates Plus Service for public or commercial performances of any kind.
We reserve the right to change the terms of your subscription, including its price, from time to time. We will give you advance notice of any price change prior to the next billing cycle, but we will not be able to notify you of any changes in applicable taxes or fees. If you do not wish to accept a price change, you may cancel your subscription in accordance with these Terms of Service.
2.2. Payment Method. To use the Socrates Plus Service, you must provide one or more payment methods via Stripe. If you signed up for the Socrates Plus Service through a third party as the biller, then your billing information must be managed through your account with the applicable third party. You represent and warrant that you are authorized to use the payment method provided (including any updates to that payment method), and you authorize Capstone Legacy Foundation, whose name will appear as the payee on your payment method statements, to charge the applicable subscription fee (plus applicable taxes and fees) to that payment method. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment method details change or are due to expire, then you agree that we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent).
If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the Socrates Plus Service. We also reserve the right to pursue any amounts you fail to pay or that arise in connection with our collection efforts, including bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and court costs.
2.3. Trial Periods. From time to time, Socrates may offer subscriptions to the Socrates Plus Service on a limited, free-trial basis for a specified period (the “Trial Period”). Trial Periods may be subject to Supplemental Terms, and we have sole discretion to determine your eligibility for Trial Periods and their duration and other terms. If you are required to provide a payment method in connection with your Trial Period, your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the Socrates Plus Service following the expiration of the Trial Period, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your Trial Period is about to end or has ended or that your paid subscription has begun.
2.4. Promotions. The Socrates Plus Service (or certain Content available on the Socrates Plus Service) may be offered as part of a promotion, including discounted offerings or as part of a bundle with other products or services offered by us or third parties (“Promotions”), and the availability of any such Promotion may be limited in duration (the “Promotional Period”). We are not responsible for the products and services provided by third parties.
You may redeem a particular Promotion according to the rules for that Promotion (and such rules are deemed Supplemental Terms). If you received a Promotion through a third party, additional terms and conditions may apply; please contact the applicable third party for those terms and conditions. We or the applicable third party have sole discretion to determine your eligibility for a particular Promotion and may limit your opportunity to participate. Unless we expressly state otherwise in the applicable rules, a particular Promotion can only be redeemed once, cannot be redeemed for cash, and may not be combined with other offers. Your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the Socrates Plus Service following the expiration of the Promotional Period, unless earlier terminated in accordance with the applicable terms. You may not receive a separate notice that your Promotional Period is about to end or has ended or that your modified subscription to the Socrates Plus Service has begun.
2.5. Cancellations, Terminations and Refunds. You may cancel your subscription to the Socrates Plus Service at any time by logging in to your account and following the cancellation instructions, which may include visiting third-party account pages if you are billed by a third party. Unless otherwise required by applicable law, and except as may be set forth in Supplemental Terms or the terms and conditions of any third-party biller, (i) a cancellation means that your subscription will not renew (that is, you will continue to have access to the Socrates Plus Service until the end of your then-current billing period (which may be monthly or annual), Trial Period or Promotional Period (as applicable)), and (ii) you are not entitled to any refunds or credits in connection with any downgrades, suspensions, cancellations, or terminations of the Socrates Plus Service. You acknowledge that if you signed up for plan upgrades or other add-ons that have a different billing period than the billing period of the underlying plan you cancelled, you may continue to be billed for the plan upgrade or add-on until the end of its separate billing period. If you delete your Socrates Plus Service account without cancelling your subscription as described above, you may continue to be billed. To avoid this, please be sure to cancel your subscription before deleting your Socrates Plus Service account.
3.1. Availability of Services. We grant you a limited, non-sublicensable, non-transferable, revocable license to access and use the Socrates Plus Service for your personal use and only in accordance with these Terms of Service. Except as we specifically agree in writing, no element of the Content may be downloaded, shared, or otherwise used or exploited in any way other than as part of the authorized Socrates Plus Service made available to you. We may change, suspend, or discontinue the Socrates Plus Service, in whole or in part, at any time for any reason without
notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the Socrates Plus Service.
3.2. Devices and Charges. You are solely responsible for obtaining all devices and software, internet, mobile network connectivity, and other services needed for you to access and use the Socrates Plus Service, and you will be solely responsible for all charges related to them. We are not responsible for the performance of devices you use to access the Socrates Plus Service, including the ongoing compatibility of such devices with the Socrates Plus Service, and you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to it. In addition, some aspects of the display of available Content (for example, its resolution and the speed to initiate viewing) and other functionality may vary from device to device and may be affected by factors such as your location, the configuration of your device, and the speed of your internet or mobile connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
4.1. Socrates Plus Content. The Socrates Plus Service contains or references Content that is owned by us as well as third parties. As between Socrates and you, Socrates owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual property and proprietary rights throughout the world associated with the Socrates Plus Service and its Content. Except as expressly stated in these Terms of Service, nothing herein will be deemed to convey to you any right, title, or interest in or to the Socrates Plus Service or its Content. To the extent the Socrates Plus Service includes an explicit authorization with respect to certain Content, Socrates hereby grants you a limited, non-sublicensable, non-transferable, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these Terms of Service and any other Supplemental Terms associated with such Content or activity.
4.2. Content Limitations. The availability of Content on the Socrates Plus Service may change from time to time and from place to place and may be edited, reformatted, or otherwise modified from the original version. You acknowledge that Content is inherently subjective, and the Socrates Plus Service may include Content that you find objectionable. You should not rely on the Content you view for advice, whether legal, medical, or otherwise. If you are susceptible to photosensitive epilepsy or have other photosensitivities, please be aware that some Content may contain flashing lights or sequences of patterns.
4.3. Feedback. We have not agreed to, and do not agree to, treat as confidential any comments, information, ideas, concepts, reviews, techniques, or other communication you may send to us, including via responses to questionnaires and other methods (“Feedback”). We will be free to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you. Our receipt of your Feedback is not an admission by us of its or their novelty, priority, or originality and does not limit our right to contest intellectual property rights related to your Feedback.
4.4. Infringement Policy. We respect the intellectual property of others, and we ask our users to do the same. The Socrates Plus Service and its Content are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated by us in the Socrates Plus Service are also protected as registered or unregistered copyrights, trademarks, trade names, and/or service marks owned by us or others.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act of 1998, we reserve the right, but not the obligation, to terminate your license to use the Socrates Plus Service if we determine in our sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
5.1. Prohibited Actions. You may not attempt any of the actions set forth in this Section 5.1 or authorize, facilitate, or induce others to do so.
- You may not attempt to gain unauthorized access to computer systems or networks connected to the Socrates Plus Service.
- You may not use or encourage or facilitate others’ use of any portion of the Socrates Plus Service for any unlawful purpose or in violation of applicable law.
- You may not impersonate any other person or entity or otherwise misrepresent or disguise yourself. You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the Socrates Plus Service in a manner that suggests an association with our products, services, or brands except as agreed by us in writing. You may not provide fictitious information or conceal your identity or location, including in an attempt to circumvent limits associated with Promotions or geographic Content restrictions.
- You may not, either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone, or other device or other means (i) remove, alter, bypass, avoid, interfere with, obstruct, decompile, reverse-engineer, disassemble, or circumvent any copyright, trademark, or other proprietary notices marked on the Socrates Plus Service or Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Socrates Plus Service or Content, or (ii) copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, frame, transmit, or retransmit the Socrates Plus Service or Content, or any part thereof or any materials derived therefrom, unless expressly permitted by us in writing.
- You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Socrates Plus Service or its servers and infrastructures. You are also prohibited from disabling, modifying, or interfering with the Socrates Plus Service to allow users to view Content without (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, copyright notices, and trademarks), and (ii) having full access to all functionality permitting viewing of Content, including all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
- You may not insert any code into the Socrates Plus Service or upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the Socrates Plus Service or any computer software, hardware, or telecommunications equipment associated with the Socrates Plus Service, or (ii) enable or facilitate unauthorized access to the Socrates Plus Service or Content of ours or any third party.
- Except as expressly authorized in the Terms of Service, you may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Socrates Plus Service or any Content available via frames or links, and you may not otherwise surround or obfuscate the Socrates Plus Service or Content with any third-party content, materials, or branding.
- You may not solicit or collect information about other users of the Socrates Plus Service or use any such information for (i) unauthorized or unsolicited advertising, junk, or bulk email, chain letters, or any other form of unauthorized solicitation, or (ii) any other commercial purposes.
- You may not access, search and/or collect data from, or attempt to access, search and/or collect data from, the Socrates Plus Service by any means (whether automated or manual) unless Socrates has given its express written authorization to do so. Without limiting the foregoing, (i) you may not use any robots, spiders, crawlers, devices, scripts, or other data gathering or extraction software and/or tools, whether automated or manual, to access, acquire, copy, monitor, scrape, data mine, or aggregate any Content or any portion of the Socrates Plus Service for any purpose, and (ii) you may not use any Content for the purpose of directly or indirectly training, developing, or improving a software tool or service, including any artificial intelligence tool, model, system, or platform.
- You may not build a business for commercial purposes, in whole or in part, resell, redistribute, or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Socrates Plus Service or Content, whether for profit or not for profit.
- Except as otherwise agreed between Socrates and you in writing, you may not use the Socrates Plus Service in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (for example, offering products or services, conducting raffles or contests, or displaying sponsorship banners), or (ii) that solicits funds, advertisers, or sponsors, whether for profit or for no profit.
5.2. Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy, and disclose your use of the Socrates Plus Service including as necessary to satisfy any law, regulation, or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including warning users, suspending users and Passwords, terminating accounts, blocking access to the Socrates Plus Service, or taking other corrective action we deem appropriate. You are solely responsible for your use of the Socrates Plus Service.
5.3. Termination and Suspension. Termination, suspension, or cancellation of your account or access to the Socrates Plus Service (“Termination”) will not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these Terms of Service will automatically terminate and immediately revert to us. Following such Termination, these Terms of Service will remain in full force and effect with respect to your past use of the Socrates Plus Service, including all rights granted by you to us.
- Third Parties
6.1. Third-Party Services. The Socrates Plus Service may provide links to third-party websites, widgets, software, services, or other utilities (each, a “Third-Party Service”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. Our inclusion of a link to or other integration with a Third-Party Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of, and made available by, those Third-Party Services. We are not responsible for any confidential or personal information you provide in connection with any Third-Party Service or for loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third-Party Service on the Socrates Plus Service.
6.2. Third-Party Platform Providers. If you access or download the Socrates Plus Service via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each, a “Third-Party Platform Provider”), such Third- Party Platform Providers will be third-party beneficiaries to these Terms of Service. However, these Third-Party Platform Providers are not party to these Terms of Service and have no obligation to provide maintenance and/or support of the Socrates Plus Service. Your access to the Socrates Plus Service through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable Terms of Service. You should read the Terms of Service and privacy policies that apply to such Third-Party Platform Providers.
6.3. Authentication. To the extent your use of the Socrates Plus Service requires authentication by your cable, satellite, or other multichannel video programming distributor or by any other service provider (each, a “Third-Party Service Provider”), then the authentication process and any information you provide is strictly between you and your Third-Party Service Provider, and we will have no responsibility or liability with respect to such process. These Terms of Service do not govern your use of any Third-Party Service Provider’s website or destination.
- Disclaimers and Disputes
7.1. Disclaimer of Warranties. We make no representations or warranties as to the Socrates Plus Service (which, for purposes of this Section 7 only, will include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness, or otherwise. WE PROVIDE THE SOCRATES PLUS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ FISCAL SPONSORS, EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND LICENSORS (COLLECTIVELY, THE “SOCRATES PLUS PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, OR NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7.2. Limitation of Liability. IN NO EVENT WILL THE SOCRATES PLUS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SOCRATES PLUS SERVICE OR THESE TERMS OF SERVICE EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO SOCRATES AND/OR CAPSTONE LEGACY FOUNDATION IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY, OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE SOCRATES PLUS SERVICE. FURTHERMORE, NONE OF THE SOCRATES PLUS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOCRATES PLUS SERVICE. THE FOREGOING LIMITATION APPLIES (x)
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SOCRATES PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA, OR ANY OTHER DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE SOCRATES PLUS PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7.3. Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGE YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE SOCRATES PLUS PARTIES OR YOUR USE OF THE SOCRATES PLUS SERVICE IS NOT IRREPARABLE AND IS INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SOCRATES PLUS SERVICE OR THE DISPLAY, PERFORMANCE, OR DISTRIBUTION OF ITS CONTENT.
7.4. Indemnification. You agree to defend, indemnify, and hold harmless the Socrates Plus Parties from and against any and all claims, demands, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees and costs) arising out of or related to (i) your breach of these Terms of Service and/or your use of the Socrates Plus Service or any use of your account via the Socrates Plus Service.
- Dispute Resolution
8.1. Disputes to Be Heard in Court. Socrates Plus and you agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms of Service or regarding (i) your use of or interaction with the Socrates Plus Service, (ii) any purchases or other transactions or relationships related to your use of the Socrates Plus Service, or (iii) any data or information you provide to us or we gather in connection with such use, interaction, or transaction will be resolved in federal or state (including small claims) court, and neither party will be required to arbitrate any claims against the other. Any claims filed after the effective date of these Terms of Service will be resolved in federal or state (including small claims) court, as the case may be, and this dispute resolution procedure expressly supersedes any prior provision of any agreement.
8.2. Applicable Law. These Terms of Service, any Supplemental Terms, and the relationship between you and us will be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Socrates Plus Service or these Terms of Service. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
8.3. Jurisdiction and Venue. Any action or proceeding arising from, relating to, or in connection with these Terms of Service will be brought exclusively in the federal or state (including small claims) courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction under the doctrine of forum non conveniens or otherwise.
8.4. Limited Time to File Claims. UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW THAT ESTABLISHES A DIFFERENT STATUTE OF LIMITATIONS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE USE OF THE SOCRATES PLUS SERVICE OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Additional Terms
9.1. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Socrates Plus Service are entitled to 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 Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.
9.2. No Waiver. No failure or delay by us in exercising any right, power, or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
9.3. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
9.4. Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
9.5. Assignment. These Terms of Service are binding upon and will inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You will not assign your rights or obligations hereunder without our prior written consent, and any assignment without our consent will be void and invalid at the outset.
9.6. Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
9.7. Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these Terms of Service.
9.8. Survival. The provisions of these Terms of Service which by their nature should survive the termination of these Terms of Service will survive such termination, including your obligation to pay subscription fees (plus applicable taxes and fees) in Section 2, our enforcement rights in Section 5, the limitations of liability in Section 7, rules regarding dispute resolution in Section 8, and the general provisions in this Section 9.