Last Updated: September 5, 2024
Welcome to HigherSelf Awards, a platform operated by White Wing Educational Community
Development, Inc. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern
your access to and use of our website, mobile application, and any related services (collectively,
the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If
you do not agree with any part of these Terms, you must discontinue use of our Services
immediately.
1. Acceptance of Terms
By accessing or using our Services, you confirm that you have read, understood, and agree to be
bound by these Terms, including our Privacy Policy, which is incorporated by reference. These
Terms apply to all visitors, users, and others who access or use the Services (“Users”).
2. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and
warrant that you are of legal age to form a binding contract with us and meet all of the foregoing
eligibility requirements. If you do not meet these requirements, you must not access or use the
Services.
3. User Accounts
To access certain features of our Services, you may be required to create an account (“Account”).
You agree to:
– Provide accurate, current, and complete information during the registration process.
– Maintain and promptly update your Account information to keep it accurate, current, and
complete.
– Maintain the security of your password and accept all risks of unauthorized access to
your Account and the information you provide.
– Notify us immediately if you discover or suspect any security breaches related to the Services or your Account.
We reserve the right to suspend or terminate your Account if any information provided during
the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if you
fail to comply with any provision of these Terms.
4. Use of the Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You
agree not to:
– Use the Services in any way that violates any applicable federal, state, local, or
international law or regulation.
– Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services.
– Use the Services to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity.
– Use any device, software, or routine that interferes with the proper working of the
Services, or introduce any Viruses, Trojan Horses, Worms, Logic Bombs, or other material
which is malicious or technologically harmful.
– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Services, the server on which the Services are stored, or any server, computer, or database
connected to the Services.
– Engage in any other conduct that we deem inappropriate or harmful to the operation of
the Services.
5. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect,
use, and disclose information that we obtain through your use of the Services. By using the
Services, you consent to the collection and use of your information as described in our Privacy Policy.
6. Third-Party Links and Content
The Services may contain links to third-party websites or services that are not owned or
controlled by the Company. We have no control over, and assume no responsibility for, the
content, privacy policies, or practices of any third-party websites or services. You acknowledge
and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
7. Modifications to the Services
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Services
(or any part thereof) with or without notice. You agree that the Company shall not be liable to
you or to any third party for any modification, suspension, or discontinuance of the Services.
8. Termination
We may terminate or suspend your Account and bar access to the Services immediately, without
prior notice or liability, under our sole discretion, for any reason whatsoever, including but not
limited to a breach of these Terms. If you wish to terminate your Account, you may simply
discontinue using the Services.
All provisions of the Terms which, by their nature should survive termination, shall remain. Including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimers and Limitation of Liability
a. Disclaimers: The Services are provided on an “as is” and “as available” basis. We make no
representations or warranties of any kind, express or implied, as to the operation of the Services
or the information, content, materials, or products included on or otherwise made available to
you through the Services. You expressly agree that your use of the Services is at your sole risk.
b. Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall
the Company, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable
for any indirect, incidental, special, consequential, or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) your use of or inability to use the Services;
(ii) any unauthorized access to or use of our servers and/or any personal information stored
therein;
(iii) any interruption or cessation of transmission to or from the Services;
(iv) any Bugs, Viruses, Trojan Horses, or the like that may be transmitted to or through our
Services by any third party;
(v) any errors or omissions in any content or for any loss or damage incurred as a result of your
use of any content posted, emailed, transmitted, or otherwise made available through the
Services; and/or
(vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall the
Company be liable to you for any claims, proceedings, liabilities, obligations, damages, losses,
or costs in an amount exceeding the amount you paid to the Company hereunder or $100.00,
whichever is greater.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of
New York, without regard to its conflict of law provisions. You agree to submit to the personal
jurisdiction of the state and federal courts located in Kings County, New York for the purpose of litigating all such claims or disputes.
11. Dispute Resolution
a. Informal Resolution: Before making any formal claim, you agree to try to resolve the dispute
informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via E-mail. If a dispute is not resolved within 30 days of submission,
you or the Company may bring a formal proceeding.
b. Arbitration: Any disputes arising out of or relating to these Terms or the Services will be
resolved through binding arbitration conducted by the American Arbitration Association (AAA)
under the Commercial Arbitration Rules. The arbitration will be conducted in Brooklyn, New York, unless both parties agree otherwise. The prevailing party in any arbitration or legal action
arising out of these Terms will be entitled to recover its costs and attorneys’ fees.
c. Class Action Waiver: You and the Company agree that any arbitration shall be conducted in
your and our individual capacities only and not as a class action or other representative action.
You and the Company expressly waive your rights to file a class action or seek relief on a class
basis.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. Your continued use
of the Services following the posting of any changes to the Terms constitutes acceptance of those
changes.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The
invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to
the maximum extent permitted by law.
14. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such
term or any other term, and the Company’s failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement
These Terms, along with our Privacy Policy and any other legal notices published by us on the
Services, constitute the entire agreement between you and the Company concerning the Services,
and they supersede all prior agreements, whether written or oral, concerning the subject matter of
these Terms.
16. Contact Information
If you have any questions about these Terms, please contact us at [email protected].
