HIGHSCHOOLCLUB TERMS OF USE
Welcome to HighSchoolClub.com!
We can be reached by e-mail as follows:
We can be reached by e-mail as follows:
membersupport@highschoolclub.com
- for general site issues
legal@highschoolclub.com
- for Digital Millennium Copyright Act or law enforcement issues
privacy@highschoolclub.com
- for privacy related issues
abuse@highschoolclub.com
- for spam or other similar issues or problems
- for general site issues
legal@highschoolclub.com
- for Digital Millennium Copyright Act or law enforcement issues
privacy@highschoolclub.com
- for privacy related issues
abuse@highschoolclub.com
- for spam or other similar issues or problems
This service (the service and website, collectively "HIGHSCHOOLCLUB") is provided by HIGHSCHOOLCLUB to you ("you" or "user"), subject to the terms of this HIGHSCHOOLCLUB Terms of Use (the "Agreement"), and other rules that may be published from time to time by HIGHSCHOOLCLUB. HIGHSCHOOLCLUB currently is provided as a free service to users who agree to abide by the terms and conditions of this Agreement. HIGHSCHOOLCLUB reserves the right to change the nature of this relationship at any time. HIGHSCHOOLCLUB has the right to terminate the HIGHSCHOOLCLUB account (the "Account") of users who violate the terms of this Agreement and to permanently ban such users from using HIGHSCHOOLCLUB. REGISTERING AS A MEMBER OR OTHERWISE USING HIGHSCHOOLCLUB WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER HIGHSCHOOLCLUB.
This Agreement sets out the legally binding terms of your use of HIGHSCHOOLCLUB (whether or not you become a HIGHSCHOOLCLUB member) and your membership in HIGHSCHOOLCLUB, if any, and may be modified by us at any time without prior notice. All such modifications will be effective upon posting on HIGHSCHOOLCLUB, and any use by you of HIGHSCHOOLCLUB after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy, and any notices regarding HIGHSCHOOLCLUB sent to you or posted on HIGHSCHOOLCLUB are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the HIGHSCHOOLCLUB home page.
1. Eligibility. You must be thirteen or over and have a valid school (".edu") email address to register as a HIGHSCHOOLCLUB member ("Member") or to use HIGHSCHOOLCLUB. Use of HIGHSCHOOLCLUB and membership in HIGHSCHOOLCLUB are void where prohibited. By agreeing to these terms or by using HIGHSCHOOLCLUB, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. In using HIGHSCHOOLCLUB YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. In cases where you have authorized another individual, including a minor, to use your membership, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the user's access to and use of HIGHSCHOOLCLUB; and (iii) the consequences of any misuse. HIGHSCHOOLCLUB reserves the right to restrict access of certain portions of the site to persons who are 18 years of age or older.
2. Term. This Agreement will remain in full force and effect while you use HIGHSCHOOLCLUB and/or are a Member. You may terminate your membership at any time, for any reason. We may terminate your membership for any reason, at any time. In the event you use a paid version of HIGHSCHOOLCLUB (if any), and we terminate your membership in HIGHSCHOOLCLUB because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Following termination of membership, certain sections of this Agreement will remain in effect. See Section 19, below, for a list of the provisions of this Agreement that will survive the termination of your membership.
3. Other Agreements. Please note that, if you sign up for one or more features of HIGHSCHOOLCLUB that are provided by third parties, such as Google calendar, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
4. Non-Commercial Use by HIGHSCHOOLCLUB. HIGHSCHOOLCLUB is for the personal use of individual Members only and may not be used in connection with any commercial endeavors without our express written consent in each case. Non-school organizations, companies, and/or businesses may not become Members and should not use HIGHSCHOOLCLUB for any purpose. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by HIGHSCHOOLCLUB or Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of HIGHSCHOOLCLUB, including the collection of usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to HIGHSCHOOLCLUB, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress as appropriate. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your HIGHSCHOOLCLUB profile or other content uploaded on HIGHSCHOOLCLUB for the purpose of extracting such information or other content.
5. Proprietary Rights in Content.
A. Rights in Content Posted by HIGHSCHOOLCLUB or Other Members. We own and retain all proprietary rights in HIGHSCHOOLCLUB. HIGHSCHOOLCLUB contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of HIGHSCHOOLCLUB, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
B. Rights in Content Posted by You.. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to HIGHSCHOOLCLUB (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to HIGHSCHOOLCLUB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
A. Rights in Content Posted by HIGHSCHOOLCLUB or Other Members. We own and retain all proprietary rights in HIGHSCHOOLCLUB. HIGHSCHOOLCLUB contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of HIGHSCHOOLCLUB, our Members, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
B. Rights in Content Posted by You.. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to HIGHSCHOOLCLUB (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to HIGHSCHOOLCLUB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
6. Content Posted by You to HIGHSCHOOLCLUB.
A. Profile Information. HIGHSCHOOLCLUB includes options that allow Members to determine who may view their full HIGHSCHOOLCLUB profile. WHEN CHOOSING AMONG THESE OPTIONS, PLEASE CONSIDER CAREFULLY WHAT DEGREE OF ACCESS YOU WANT TO ALLOW TO YOUR HIGHSCHOOLCLUB PROFILE, AS WELL AS WHETHER YOU WANT CERTAIN INFORMATION ON YOUR PROFILE TO BE AVAILABLE TO THE GENERAL PUBLIC, SUCH AS TELEPHONE NUMBERS, STREET ADDRESSES, OR E-MAIL ADDRESSES. For more information about the various levels of sharing of your HIGHSCHOOLCLUB profile and your last name.
B. Public Profile Information. Please note that, regardless of what personal information you choose to include in your HIGHSCHOOLCLUB profile or what level of sharing of your profile you choose, certain information about every HIGHSCHOOLCLUB Member will be included in that Member's "public profile", a truncated version of the Member's regular HIGHSCHOOLCLUB profile; the information listed below will be available to any user of HIGHSCHOOLCLUB, as well as possibly to the general public through, for instance, internet search engines. Each Member's public profile includes the following information about the Member:
i. First and Last Name
ii. Screen Name
iii. School
A. Profile Information. HIGHSCHOOLCLUB includes options that allow Members to determine who may view their full HIGHSCHOOLCLUB profile. WHEN CHOOSING AMONG THESE OPTIONS, PLEASE CONSIDER CAREFULLY WHAT DEGREE OF ACCESS YOU WANT TO ALLOW TO YOUR HIGHSCHOOLCLUB PROFILE, AS WELL AS WHETHER YOU WANT CERTAIN INFORMATION ON YOUR PROFILE TO BE AVAILABLE TO THE GENERAL PUBLIC, SUCH AS TELEPHONE NUMBERS, STREET ADDRESSES, OR E-MAIL ADDRESSES. For more information about the various levels of sharing of your HIGHSCHOOLCLUB profile and your last name.
B. Public Profile Information. Please note that, regardless of what personal information you choose to include in your HIGHSCHOOLCLUB profile or what level of sharing of your profile you choose, certain information about every HIGHSCHOOLCLUB Member will be included in that Member's "public profile", a truncated version of the Member's regular HIGHSCHOOLCLUB profile; the information listed below will be available to any user of HIGHSCHOOLCLUB, as well as possibly to the general public through, for instance, internet search engines. Each Member's public profile includes the following information about the Member:
i. First and Last Name
ii. Screen Name
iii. School
7. Removal of Content. You understand and agree that we may, at any time, review and delete any Content included in your profile or otherwise Posted on any area of HIGHSCHOOLCLUB (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be considered offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
8. Member Identity. Your profile must describe you, an individual person. Examples of improper profiles may include, but are not limited to, profiles that purport to represent a location, group, inanimate or unliving object, fictional or fantastical character, or actual individual that is not actually you.
9. Member Responsibility for Content. You understand and agree that you are solely responsible for any and all Content that you Post on HIGHSCHOOLCLUB or transmit to other Members.
10. Prohibited Content.
A. Certain kinds of Content may be considered in our sole discretion as illegal or prohibited on HIGHSCHOOLCLUB. Posting of any of such Content by you may, in our sole discretion, result in termination of your membership. We additionally expressly reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these provisions; such action may include, without limitation, removal of the aberrant Content or message from HIGHSCHOOLCLUB and, if appropriate, notifying legal authorities as to the violators of our policies. Content that is expressly prohibited includes, but is not limited to, that which, in our sole judgment is considered to be: (i) unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, pornographic, sexually explicit or vulgar; (ii) hateful, racially, ethnically or otherwise objectionable; (iii) involves the transmission of electronic or hard copy junk mail, chain letters, spam, or any other unsolicited mass mailing, e-mailing, or other communication; (iv) includes any information that is known to be false or misleading; (v) promotes illegal activities or conduct; (vi) constitutes or includes an illegal or unauthorized copy of another person's copyrighted or copyrightable work; (vii) solicits personally identifying information for commercial or unlawful purposes from other Members; or, (viii) includes any promotional or commercial activity, such as contests, sweepstakes, trade, or advertising.
B. Please note that, though Content such as listed in Section 10(A)(i-viii), above, is strictly prohibited, there remains a possibility that HIGHSCHOOLCLUB users may be exposed to Prohibited Content while using HIGHSCHOOLCLUB. In such event, neither HIGHSCHOOLCLUB, nor any of our corporate parents, subsidiaries or affiliates or their officers, directors, employees, shareholders, advertisers will in any way be held responsible or liable for any damages (to or from any party whatsoever) related to such exposure.
A. Certain kinds of Content may be considered in our sole discretion as illegal or prohibited on HIGHSCHOOLCLUB. Posting of any of such Content by you may, in our sole discretion, result in termination of your membership. We additionally expressly reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these provisions; such action may include, without limitation, removal of the aberrant Content or message from HIGHSCHOOLCLUB and, if appropriate, notifying legal authorities as to the violators of our policies. Content that is expressly prohibited includes, but is not limited to, that which, in our sole judgment is considered to be: (i) unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, pornographic, sexually explicit or vulgar; (ii) hateful, racially, ethnically or otherwise objectionable; (iii) involves the transmission of electronic or hard copy junk mail, chain letters, spam, or any other unsolicited mass mailing, e-mailing, or other communication; (iv) includes any information that is known to be false or misleading; (v) promotes illegal activities or conduct; (vi) constitutes or includes an illegal or unauthorized copy of another person's copyrighted or copyrightable work; (vii) solicits personally identifying information for commercial or unlawful purposes from other Members; or, (viii) includes any promotional or commercial activity, such as contests, sweepstakes, trade, or advertising.
B. Please note that, though Content such as listed in Section 10(A)(i-viii), above, is strictly prohibited, there remains a possibility that HIGHSCHOOLCLUB users may be exposed to Prohibited Content while using HIGHSCHOOLCLUB. In such event, neither HIGHSCHOOLCLUB, nor any of our corporate parents, subsidiaries or affiliates or their officers, directors, employees, shareholders, advertisers will in any way be held responsible or liable for any damages (to or from any party whatsoever) related to such exposure.
11. Additional Restrictions on Use of HIGHSCHOOLCLUB.
A. Your use of HIGHSCHOOLCLUB is required to be in a manner consistent with any and all applicable laws, statutes, ordinances or regulations.
B. Although HIGHSCHOOLCLUB cannot oversee or control the conduct of its Members on and off HIGHSCHOOLCLUB, it is a violation of this Agreement to use any information obtained from HIGHSCHOOLCLUB in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member AND HIGHSCHOOLCLUB. So that we may protect our Members from conduct of this nature, we expressly reserve the right to control the number of e-mails, instant messages or other communications via which a Member may contact other Members at any time and in our sole discretion.
A. Your use of HIGHSCHOOLCLUB is required to be in a manner consistent with any and all applicable laws, statutes, ordinances or regulations.
B. Although HIGHSCHOOLCLUB cannot oversee or control the conduct of its Members on and off HIGHSCHOOLCLUB, it is a violation of this Agreement to use any information obtained from HIGHSCHOOLCLUB in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member AND HIGHSCHOOLCLUB. So that we may protect our Members from conduct of this nature, we expressly reserve the right to control the number of e-mails, instant messages or other communications via which a Member may contact other Members at any time and in our sole discretion.
12. Copyright Policy.
A. HIGHSCHOOLCLUB respects the intellectual property of others, and we ask our Members to do the same. Members may not Post, share, or duplicate in any manner copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on HIGHSCHOOLCLUB in a way that constitutes copyright infringement, please contact us immediately. Claims of infringement must be in writing and should be directed to HIGHSCHOOLCLUB's designated agent as specified below. Please include the following information: (i) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
B. HIGHSCHOOLCLUB's designated agent for notice of claims of copyright infringement: General Counsel, Alloy, Inc. 151 W. 26th Street, 11th floor New York, NY 10001 Telephone: 212-244-4307 Fax: 212-244-4311 or legal@highschoolclub.com.
C. Under the appropriate circumstances, it is HIGHSCHOOLCLUB's policy to remove and/or to disable access from HIGHSCHOOLCLUB to web pages of infringers, to terminate subscribers and account holders who are infringers.
A. HIGHSCHOOLCLUB respects the intellectual property of others, and we ask our Members to do the same. Members may not Post, share, or duplicate in any manner copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you believe that your work has been copied and Posted on HIGHSCHOOLCLUB in a way that constitutes copyright infringement, please contact us immediately. Claims of infringement must be in writing and should be directed to HIGHSCHOOLCLUB's designated agent as specified below. Please include the following information: (i) a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
B. HIGHSCHOOLCLUB's designated agent for notice of claims of copyright infringement: General Counsel, Alloy, Inc. 151 W. 26th Street, 11th floor New York, NY 10001 Telephone: 212-244-4307 Fax: 212-244-4311 or legal@highschoolclub.com.
C. Under the appropriate circumstances, it is HIGHSCHOOLCLUB's policy to remove and/or to disable access from HIGHSCHOOLCLUB to web pages of infringers, to terminate subscribers and account holders who are infringers.
13. Member Disputes. You are solely responsible for all interactions between yourself and other Members. HIGHSCHOOLCLUB reserves the right, although assumes no obligation, to supervise disputes between you and other Members, and to take any and all action thereof that we may feel is appropriate, in our sole discretion, consistent with the terms of this Agreement, and including the immediate termination of the membership of any Members at any time.
14. Disclaimers; No Warranty.
A. HIGHSCHOOLCLUB expressly disclaims responsibility for any inaccurate or erroneous Content Posted on HIGHSCHOOLCLUB, whether caused by users of HIGHSCHOOLCLUB, Members, advertisers or corporate partners, or by use of the paraphernalia, apparatus or programming connected with or utilized in the functionability and management of HIGHSCHOOLCLUB.
B. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF HIGHSCHOOLCLUB. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF HIGHSCHOOLCLUB, ANY CONTENT POSTED ON HIGHSCHOOLCLUB OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF HIGHSCHOOLCLUB, WHETHER ONLINE OR OFFLINE.
C. We assume no responsibility for any error, omission, interruption, deletion, defect, untimeliness or unauthenticity of, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications, HIGHSCHOOLCLUB or an claims or losses arising therefrom or occasioned thereby. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of HIGHSCHOOLCLUB, any Member, or any other person related to or resulting from use of HIGHSCHOOLCLUB, viewing, playing or downloading any materials on or from HIGHSCHOOLCLUB, or otherwise in any way in connection with HIGHSCHOOLCLUB. HIGHSCHOOLCLUB is provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of HIGHSCHOOLCLUB. No advice or information, whether oral or written, obtained by you from us, or from or through HIGHSCHOOLCLUB shall create any warranty not expressly stated herein.
A. HIGHSCHOOLCLUB expressly disclaims responsibility for any inaccurate or erroneous Content Posted on HIGHSCHOOLCLUB, whether caused by users of HIGHSCHOOLCLUB, Members, advertisers or corporate partners, or by use of the paraphernalia, apparatus or programming connected with or utilized in the functionability and management of HIGHSCHOOLCLUB.
B. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF HIGHSCHOOLCLUB. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF HIGHSCHOOLCLUB, ANY CONTENT POSTED ON HIGHSCHOOLCLUB OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF HIGHSCHOOLCLUB, WHETHER ONLINE OR OFFLINE.
C. We assume no responsibility for any error, omission, interruption, deletion, defect, untimeliness or unauthenticity of, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications, HIGHSCHOOLCLUB or an claims or losses arising therefrom or occasioned thereby. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of HIGHSCHOOLCLUB, any Member, or any other person related to or resulting from use of HIGHSCHOOLCLUB, viewing, playing or downloading any materials on or from HIGHSCHOOLCLUB, or otherwise in any way in connection with HIGHSCHOOLCLUB. HIGHSCHOOLCLUB is provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of HIGHSCHOOLCLUB. No advice or information, whether oral or written, obtained by you from us, or from or through HIGHSCHOOLCLUB shall create any warranty not expressly stated herein.
15. Limitations on Liability. Notwithstanding any other provision of this Agreement, IN NO EVENT SHALL WE OR OUR SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR FOR ANY LOST PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTIES, EVEN IF HIGHSCHOOLCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, IF ANY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
16. Applicable Law. The terms of this Agreement are subject to applicable Federal and State law.
17. Disputes. This Agreement shall be governed in all respects by the laws of the State of New York without giving effect to its principles of conflicts of law, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both parties submit to jurisdiction in New York and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in New York, New York. To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former Member, whether through class action proceedings or otherwise.
18. Indemnity. You agree to indemnify and hold HIGHSCHOOLCLUB, its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, arising out of or relating to: (i) your use of HIGHSCHOOLCLUB (including the Posting by you of any Content on HIGHSCHOOLCLUB) in violation of this Agreement; (ii) any other breach of this Agreement by you; or (iii) any breach of your representations and warranties set forth above.
19. No Agency. You and HIGHSCHOOLCLUB are independent contractors. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of HIGHSCHOOLCLUB.
20. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 13 (Member Disputes), Section 14 (Disclaimers; No Warranty), Section 15 (Limitation on Liability), Section 16 (Applicable Law), Section 17 (Disputes), Section 18 (Indemnity), Section 20 (Survival), and Section 21 (Other).
21. Other. You will be deemed to have accepted the terms of this Agreement immediately upon use of HIGHSCHOOLCLUB or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding HIGHSCHOOLCLUB sent to you or posted on HIGHSCHOOLCLUB, which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of HIGHSCHOOLCLUB. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.