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Terms of service

IMPORTANT—IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY REMIND101, INC. (“REMIND” OR “WE” OR “US”). THIS IS A BINDING AGREEMENT BETWEEN YOU AND REMIND. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.



Terms of Use

Welcome to Remind. Please continue reading to learn about the rules and restrictions that govern your use of Remind’s website(s) and all other products, services and applications made available by Remind from time to time (such as, Remind’s iOS and Android mobile applications and the Remind services available on SMS) (collectively, the “Services”). This Agreement includes the terms in this document, as well as Remind’s Privacy Policy, Copyright Dispute Policy, and Apple Application Terms.

What this is saying

Before using Remind, you need to be at least 18 years old, and agree to these terms. If you’re under 18, a parent or guardian needs to agree to these terms for you.


Will these terms ever change?

We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, sending you a notice via email, and/or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.

You represent and warrant to Remind that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

What this is saying

We want to continually improve the Remind experience for you, so our terms may change from time to time. We will do everything we reasonably can to update you about these changes ahead of time. Before continuing to use Remind, it will be important to re-review and agree to any changes.


Privacy

We take the privacy of our users very seriously. Please read our Privacy Policy, located at remind.com/privacy-policy.

What this is saying

Another important document to look at is our Privacy Policy. This outlines what personal information we collect from you and how we use that information to provide the Remind service.


Use by children

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13, except in the following circumstances:

  • We may collect a child’s name (first name and last initial), date of birth, email address or telephone number, and the child’s parent’s email address in order to provide notice to parents that we may contact their child for the purpose of providing the Services that their teacher has signed up for. Note that if a child user’s Remind account is inactive for at least twelve months (meaning, that account has not received a message through the Remind Services in that time), Remind’s policy is to delete the personally-identifiable information associated with that child’s account.

  • We may collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has agreed (via the terms described below) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment.

    • If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

    • As a school, district, or teacher providing consent on behalf of parents or guardians, in order to create an Organizer account (as described below) you may be required to provide valid school credentials and a valid school email address to verify your identity in order to access and use certain features of the Services.

If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at contact@remind.com.

What this is saying

We care about children’s privacy, and are careful about information collected from students under 13 and how its retained. Remind complies with COPPA, a law created to protect the privacy of minors. You can learn more here. If you are a teacher or a school providing consent on behalf of parents, you are also responsible for complying with COPPA.


Fees and payment; Responsibility for usage charges

Access to and use of the Services itself is free, but in the future, we may offer new or additional special features which Remind may charge for. Therefore, Remind reserves the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.

Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

What this is saying

Remind is free right now, and has no plans to charge teachers for the basic service. In order to keep the lights on, we may have to eventually add fees. If fees are added in the future, we’ll tell you. We promise :)


Additional terms

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are. If you are, for example, a teacher, coach or parent who organizes a “class” or “group” of members, then you are an Organizer. If you are, for example, a student, teammate or parent who is invited to be a member of a class or group by an Organizer, you are a Subscriber. In certain cases, Subscribers may be allowed to invite new members to a “group” to become Subscribers. If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. You may not sign up for or use the Remind Services as someone you are not; Remind may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.

  • If you are a Subscriber (such as a student, parent, or other individual invited to join a group by an Organizer):

    • You must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.

    • You will only join classes and/or groups that you have been invited to, or based on your school, class or group affiliation, to which you are a part of.

  • If you are an Organization (such as a school or school district):

    • You will only permit staff members (for example, your teachers) who are current employees of your organization to use the Services and to create their own class or group codes. Upon termination of a staff member’s employment with the Organization, you will require such individual to return and cease using all class or group codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your organization who is not, in fact, affiliated with your Organization, you will notify Remind immediately by emailing contact@remind.com.
  • If you are accessing the Services as an Organizer (such as a teacher, administrator, or parent creating a group and inviting users to join as Subscribers):

    • The Services may allow you to invite users to join your group(s) and/or to add users to your group(s). IF YOU INVITE OTHER USERS TO JOIN YOUR GROUP, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE OBTAINED CONSENT FROM EACH PERSON THAT YOU INVITE AND/OR ADD TO RECEIVE SUCH INVITATION AND TO RECEIVE MESSAGES FROM REMIND, FROM YOU, AND FROM ANYONE ELSE IN THE GROUP.

    • Organizers can invite members by distributing “class codes” or “group codes” and communicate with Subscribers, (in some cases, there may be more than one Organizer per group).

    • You may only share class or group codes with Subscribers whom you wish to subscribe to your group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully.

    • Organizers must maintain and monitor Subscriber lists in order to help ensure accurate representation of the Subscribers in your group.

What this is saying

There are different ways to use Remind depending on if you’re a teacher (Organizer), a student/parent (Participant) or an administrator (School). This means that our terms may also be different depending on your role.


Registration and security

As a condition to using Services, you may be required to register with Remind by selecting a password and providing your name and a valid email address. You will provide Remind with accurate, complete, and updated registration information. You may not (i) select or use the name or email of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of any person other than you without appropriate authorization. Remind reserves the right to refuse registration of or cancel a Remind account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Remind. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Remind reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

What this is saying

The security of your account is very important to us. Please keep your password safe, use your real name and create your own account before using Remind.


Consent to receive periodic messages from Remind

As part of the Services, Remind may send communications (such as SMS, emails, and push notifications) to Subscribers of a class group. For example, upon adding a new Subscriber to a class group, such new Subscriber will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the Remind Application. Remind also may inform Subscribers who have not replied that they automatically will be removed from the class group if they do not reply. Remind may send other administrative messages as well. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM REMIND, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM REMIND AS WELL AS FROM YOU AND ANYONE ELSE IN THE GROUP. You agree to indemnify and hold Remind harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

To permanently cease receiving SMS text messages, please follow the instructions below:

  • If you are located in the US or Canada, text STOP, CANCEL, or UNSUBSCRIBE:

    • in reply to any SMS message from that group,
    • to a Remind long-code (a phone number issued by Remind), or
    • in the US, to the Remind short code 81010.
  • To stop receiving messages from a specific class or group, text UNSUBSCRIBE @class or group code to a Remind long-code (a phone number issued by Remind), or in the US, to the Remind short code 81010.

  • If you are an international user located anywhere outside of the US, please click here to learn how to unsubscribe from receiving messages.

What this is saying

We’re letting you know that you may receive messages from us or even from other Remind users periodically. It’s also important that you get consent from any subscribers before inviting them to join your class. It’s easy for you or anyone else to unsubscribe and stop messages, here’s how.


Content

You agree that you may only use the Services in accordance with Remind’s Community Guidelines.

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. Remind is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including Remind’s) rights.

You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Remind or from the copyright holder identified in such Content’s copyright notice. You will not link to the Services without Remind’s prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you and other users may provide information which may be used by Remind in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to Remind (and in connection with the Services) are your “User Submissions.” You retain ownership of the rights you may have in your User Submissions, provided that Remind hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so (however, Remind will only share your personally identifiable information in accordance with Remind’s current Privacy Policy). Furthermore, Remind (and any other user who accesses User Submissions) retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Remind will not be liable for any errors or omissions in any content. Remind cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Remind cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Remind be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

What this is saying

Be sure to only share content that belongs to you. We may view and/or use content you post on Remind - but you still own it.

Also, be sure to read our Community Guidelines, which include best practices for how to keep the Remind community safe. We need to work together to ensure Remind is a secure and supportive environment.


Your restrictions and responsibilities

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that

  • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • violates any law, statute, ordinance or regulation;
  • is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Remind;
  • jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • copies or stores any significant portion of the Content;
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Remind’s third party service providers).

Remind reserves the right to terminate access of any third party application or service to our published or unpublished APIs.

Remind reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Remind is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Remind, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Remind and to grant Remind the rights to use such information in connection with the Services and as otherwise provided herein

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

What this is saying

We are serious about safety. If you don’t follow our Guidelines or these Terms of Use, we may need to remove any inappropriate content or deactivate your account. If you see someone violating our Guidelines or Terms of Use, please contact us immediately at report@remind.com. We need your help to keep the Remind community safe!


Copyright dispute policy

Under the Digital Millenium Copyright Act (the “DMCA”), online service providers such as Remind have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

What this is saying

See something that belongs to you, but someone else posted it? You can let us know by using our Copyright Dispute Policy.


Third party websites

The Services may contain links to third party websites that are not owned or controlled by Remind. When you access third party websites, you do so at your own risk. Remind encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

Remind has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Remind will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Remind from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Remind will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users on this site, or between users and any third party, you understand and agree that Remind is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Remind, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

What this is saying

Organizers may send links via Remind that take you to other third party services (those are services that aren’t part of Remind, such as YouTube, Google Docs, Flickr etc). We can’t be held responsible for the content of those links or any issues that arise.


Warranty and disclaimer

Remind has no special relationship with or fiduciary duty to you. You acknowledge that Remind has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Remind from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Remind makes no representations concerning any content contained in or accessed through the Services, and Remind will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Remind makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from Remind or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

What this is saying

We’re here to help if there are issues, but there are no warranties relating to Remind services.


Indemnity

You will indemnify and hold Remind, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

What this is saying

Please keep in mind that you are solely responsible for your use of Remind. If you don’t follow these Terms of Service and/or cause harm to anyone, it’s your responsibility to resolve.


Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL REMIND OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO REMIND HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND REMIND’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

What this is saying

Remind is a communication tool, and we are not liable for anything that happens because of our service.


Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at contact@remind.com. Remind may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, Remind may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

What this is saying

All done? A teacher (Organizer) can delete his/her Remind account online at any time. (Note for auditing purposes and to comply with laws, we may still keep a copy of messages and account details after an account is deleted or disabled). As a Subscriber, you can unsubscribe from Remind at any time, click here for instructions.


Choice of law and arbitration

This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

What this is saying

If there are any disputes regarding your experience on our Service or this agreement, you’re agreeing to arbitration (this means no jury trial or class-action lawsuits) to resolve any issues with Remind.


Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Remind will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Remind’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Remind’s prior written consent. Remind may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Remind in any way whatsoever.

What this is saying

You agree that you will follow these Terms of Service when using Remind. You can’t agree to these terms for anyone else (unless you’re the guardian of a minor under 18). If you have any questions, please reach out to us at contact@remind.com.