BOYS TOWN TERMS AND CONDITIONS OF USE
BOYS TOWN TERMS AND CONDITIONS OF USE
Last Updated: 10/12/2023
These Terms and Conditions of Use (the “Terms of Use”) apply to the Boys Town (“Boys Town,” “we,” “our,” or “us”) websites and all associated sites (collectively, the “Site”).
Please carefully review these Terms of Use, which govern your use of the Site. By using the Site, you affirm that you have read and understand, and unconditionally agree to follow and be bound by, the Terms of Use. Although you may bookmark a particular portion or page of this Site and thereby bypass the Terms of Use, your use of this Site still binds you to such terms. BY USING THE SITE, YOU AGREE TO THE TERMS OF USE; IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE.
1. Privacy
Boys Town respects your privacy and has implemented a Privacy Policy (the “Privacy Policy”) governing the treatment of information we collect when you use the Site. The Privacy Policy, which can be viewed at the hyperlink “Privacy Center” at the bottom of the webpage and applies to the use of the Site and is expressly incorporated into this Agreement by reference.
Personal information you provide to us is protected pursuant to the Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish, and translate this personal information for the purpose of enabling your use of the Site and any other purposes explicitly stated in the Terms of Use and/or the Privacy Policy. You may revoke this license and terminate rights held by Boys Town at any time by removing your personal information as specified in the Privacy Policy.
2. Your Responsibilities
A. Accurate and Current Information
You may be required to provide personal information when using or accessing certain portions of the Site, registering as a user of the Site, or using services offered through the Site. In doing so, you agree that you will provide true, accurate, current, and complete information when prompted and maintain and update such information so that it is true, accurate, current, and complete at all times.
B. Login Information
When you register to become a user of the Site, you may be asked to select a username and password. We may refuse to grant you a username or revoke your username for any reason in our sole discretion. You are solely responsible for safeguarding and preventing unauthorized access to the username, password, and any other information that you use to access the Site (the “Login Information”). You agree not to disclose your Login Information to any third party and are responsible for the activity of any individual using your Login Information to access the Site and may be liable for any losses or damages related thereto, regardless of whether or not you authorized that activity. BOYS TOWN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LOGIN INFORMATION OR SOMEONE ELSE’S USE OF YOUR LOGIN INFORMATION, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. You must immediately notify Boys Town of any unauthorized use of your Login Information. Additionally, you agree not to use any third party’s Login Information at any time.
C. Equipment
You are responsible for obtaining and maintaining any equipment and services needed to access and use the Site and for paying all related charges.
D. Maintaining Integrity of Site
To maintain the integrity of the Site, you agree not to use the Site to (i) violate any local, state, national or international law or regulation, (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, (iii) transmit any material that you know to be false, inaccurate, or misleading, (iv) stalk, harass, bully, or harm another individual, (v) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or (vii) alter or modify any content or component of the Site without express authorization. You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” or the like, that access the Site.
3. Access to the Site
We do not represent or warrant that the Site, or any part of it, is appropriate or available for use in any jurisdiction or that we are soliciting business in any such jurisdiction. You access the Site on your own initiative and at your own risk, and are responsible for complying with all applicable laws, rules, and regulations.
We may limit the availability of the Site, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. In particular, the Site currently is not intended for use by residents of the European Union. Additionally, the Site is not intended for children under eighteen (18) years of age. If you are under eighteen (18) years of age, you may not use the Site. YOU AGREE THAT BY USING THE SITE, YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Boys Town reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time, for any reason, with or without notice. YOU AGREE THAT BOYS TOWN SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING ANY MATERIALS OR TERMINATING YOUR OR ANY OTHER PERSON’S ACCESS TO THE SITE (OR ANY PORTION THEREOF).
4. Consent to Use of Data
You agree that Boys Town may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Boys Town may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
5. Ownership
The Site is owned and operated by Boys Town.
Unless otherwise noted, all materials that are part of the Site, including but not limited to (i) images, text, names, slogans, logos, illustrations, designs, icons, photographs, products, processes, programs, technology, video clips, logos, artwork, computer code, Forms, and written and other materials (collectively, “Content”), (ii) the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, (iii) the compilation of all Content (exclusive of content provided via links to third party websites), and (iv) all software used in the operation or creation of this Site, are owned, controlled, or licensed by Boys Town, one of its affiliates, or by third parties who have licensed their materials to Boys Town, and are protected by copyright, patent, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws.
You agree not to copy, reproduce, republish, capture, download, upload, archive, post, display, publish, stream, transmit, broadcast, distribute, sell, resell, modify, translate, decompile, disassemble, reverse engineer, or exploit in any way or for any purposes the Site or any portion of the Site, including without limitation the Content, except as explicitly authorized by these Terms of Use or by Boys Town.
Nothing on this Site, including access hereto, shall be construed to confer any license under any intellectual property rights of Boys Town or any third party, whether by estoppel, implication, or otherwise. Boys Town reserves all rights not expressly granted herein.
6. Use of the Site and Content
As long as you comply with the Terms of Use, Boys Town grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and to download, view, copy, or print Content made available by Boys Town on this Site on any single, stand-alone computer solely for your personal, informational, non-commercial use, provided that (i) no copyright or trademark language or other proprietary notices appearing on any Content is altered or removed, (ii) the Content is not copied to or otherwise used on any other website or in a networked computer environment or broadcast in any media, (iii) the Content is not modified in any way, except for authorized editing of Forms for personal use, and (iv) no additional representations and warranties are made relating to such Content.
If you elect to use any Content, no right, title, or interest to any of the Content is transferred to you. Any permission to use the Content terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Content. Any unauthorized use of any Content contained on this Site may violate, without limitation, copyright, patent, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws.
7. Compliance with Intellectual Property Laws
When accessing and/or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding patent, copyright, trademark, and other intellectual property ownership. You agree not to copy, reproduce, republish, capture, download, upload, archive, post, display, publish, stream, transmit, broadcast, distribute, sell, resell, modify, translate, decompile, disassemble, reverse engineer, or exploit in any way or for any purposes any information or content in violation of any patent, copyright, trademark, or other intellectual property or proprietary rights. You agree to abide by laws regarding intellectual property use and ownership, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your Boys Town user account.
Boys Town has adopted a policy that provides for the immediate removal of any content, article, or materials that have infringed on the rights of Boys Town or of a third party or that violate intellectual property rights generally. This policy is to remove such infringing content or materials and investigate such allegations immediately.
A. Copyright Infringement Notice
Boys Town has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Boys Town has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed the rights of Boys Town or of a third party, or otherwise violated any intellectual laws or regulations. This policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Boys Town to delete, edit, or disable the material in question, you must provide us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Father Flanagan’s Boys’ Home
Office of the General Counsel
14100 Crawford Street
Boys Town, NE 68010
By submitting such written information, you acknowledge and agree that Boys Town may disclose the information and any related communications to any users who posted the material identified in such notice or to other third parties.
B. Counter-Notice
If you believe that the material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter-notice containing the following information to the aforementioned Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Omaha, Nebraska, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
By submitting a counter-notice, you acknowledge and agree that Boys Town may disclose such information and any related communications to the person who submitted the original notice or to other third parties.
8. Unsolicited Submissions
Except as may be required in connection with your use of the Site, Boys Town does not want you to submit confidential or proprietary information to us through the Site. All ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback submitted to Boys Town through or in association with the Site shall be considered non-confidential and Boys Town property. By providing such submissions to Boys Town, you hereby assign to Boys Town, at no charge, all worldwide rights, title, and interest in and to the submissions and any intellectual property rights associated therewith. Boys Town shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content. You further acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Boys Town has no duties to you (including any duty to compensate you), with respect to such submissions.
9. External Links
The Site may contain links to other websites and other websites may contain links to the Site. The Terms of Use apply only to the Site. We do not control third party websites accessible from the Site or used to access the Site, each of which may have terms of use materially different from these Terms of Use. Our provision of a link to any other third-party website is for your convenience only and does not signify any affiliation or association with, or endorsement or support of, such other website or its contents. Boys Town makes no guarantees of any kind about the content or quality of the products or services provided by such third-party websites.
You acknowledge that you bear all risks associated with access to and use of content provided on a third-party website and agree that Boys Town is not responsible or in any way liable for any loss or damage of any sort you may incur from dealing with a third party. It is your responsibility to review any third-party website to confirm you understand and agree to the terms and conditions thereof. You should contact the site administrator for the applicable third-party website if you have any concerns regarding such links or the content located on any such third-party website.
10. Disclaimer of Warranties
THE SITE AND ALL CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE IS PROVIDED BY BOYS TOWN ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOYS TOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING THE SITE AND ALL CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BOYS TOWN MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, AND/OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OR MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE AND/OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. BOYS TOWN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
11. Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND ONLY THEN TO THAT EXTENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BOYS TOWN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, THE SITE, OR CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE, EVEN IF BOYS TOWN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROHIBITED BY LAW, IF, notwithstanding the foregoing, THERE IS LIABILITY FOUND ON THE PART OF BOYS TOWN, IT SHALL BE LIMITED TO the GREATER OF (A) THE AMOUNT PAID BY YOU TO BOYS TOWN DURING THE SIX (6) MONTHS PRIOR TO THE DATE of the initial claim made against BOYS TOWN OR (B) ONE HUNDRED U.S. DOLLARS ($100), AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Boys Town may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Boys Town, its affiliates, subsidiaries, employees, officers, directors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and costs) that may arise from or be related to your use or misuse of this Site or breach of these Terms of Use. Boys Town reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Boys Town in asserting any available defense.
14. Security
Although we cannot make an absolute guarantee of system security, Boys Town takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at mike.welna@boystown.org.
You are prohibited from violating or attempting to violate the security of the Site, including but not limited to, (i) accessing information not intended for you or logging onto a server or an account which you are not authorized to access, (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security without authorization, (iii) attempting to interfere with or disrupt the service of any other user, host, or network, including submission of a virus to the Site, overloading, flooding, spamming, mail bombing, or crashing the Site, (iv) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or (v) sending unsolicited email including promotions and/or advertisements of products or services to Boys Town or any employees of Boys Town. You shall not use any device, software, or other tool to interfere with the property and normal operation of this Site or any activity being conducted via this Site.
Violations of system or network security could result in civil and/or criminal action against you. Boys Town will investigate occurrences that may involve such violations and may involve and cooperate with local and federal law enforcement in prosecuting such violations.
15. Disclosure
Boys Town may disclose any information we have about you (including your identity) at any time when applicable law permits such disclosure or if we determine that such disclosure is reasonably necessary (i) in connection with any investigation or complaint regarding your use of the Site and to enforce these Terms of Use, (ii) to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally), and to otherwise protect, the rights, property, or safety of Boys Town or any third party, (iii) to establish, protect, or exercise our legal rights or defend against legal claims, (iv) to comply with any applicable law, regulation, legal process, court order, subpoena, or governmental request, and (v) to investigate, prevent, and/or take action regarding any illegal activity.
16. Governing Law; Venue
The Site is hosted in the United States of America and is intended for use by residents of the United States of America only. All matters relating to the Site are governed exclusively by the laws of the State of Nebraska in the United States of America and not the jurisdiction in which you are located.
By using the Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Nebraska, excluding its choice of law rules. Any controversy, claim, or dispute arising out of or relating to the Terms of Use or your access to or use of the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”), shall, except as specifically provided for in the Terms of Use or otherwise agreed to in writing by the parties, be solely and exclusively resolved according to the procedures set forth in Section 17 below.
17. Disputes
Both you and Boys Town (referred to collectively in only this Section 17 as “we”) agree that we are committed to avoiding adversarial proceedings of any kind and to seeking instead a system for collaboration that will best serve the needs of all. Accordingly, if we find ourselves in disagreement, we each commit to dedicate our efforts towards bringing ourselves back into agreement as quickly as possible by talking together honestly, openly, in good faith, and with a commitment to a sense of fairness for all involved.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Boys Town at Compliance.Team@boystown.org. In the unlikely event that the Boys Town Compliance is unable to resolve a complaint you may have (or if Boys Town has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree that such disputes shall be solely and exclusively resolved according to the procedures set forth in this Section 17, which shall survive any termination under the Terms of Use.
The provisions of this Section 17 may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
A. Mediation
If we find that we are unable to reach resolution between ourselves by informal discussion, the parties may, by mutual agreement, attempt to resolve any dispute, claim, or controversy arising out of or relating to the Terms of Use or the Site by mediation, which shall be administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures (the “Mediation Procedures”) as then in effect and as modified by the Terms of Use, which Mediation Procedures are deemed to be incorporated by reference in this Section 17.
Either party may request mediation by providing to the other written notice setting forth the subject of the dispute, claim, or controversy, and the relief requested. Within ten (10) days after the receipt of the foregoing notice, each recipient shall deliver a written response to the sender to include whether or not the party agrees to said request for mediation. If one party does not agree to mediation, there shall be no mediation. If agreed upon, the mediation shall be held within thirty (30) days after the initial notice and governed solely by this section.
If mediation is agreed upon, we shall conduct the mediation in Omaha, Nebraska, U.S.A. and select a mutually agreeable mediator. If we are unable to agree upon a mediator within ten (10) days of the request for mediation, a mediator shall be appointed as set out in the Mediation Procedures. We shall agree to a mutually convenient date and time to conduct the mediation, provided that the mediation must occur within thirty (30) days of the appointment of the mediator unless a later date is agreed to by both parties in writing. Each party shall designate an executive to have full and complete authority to resolve the Dispute and to represent its interests in the mediation, and each party may, in its sole and absolute discretion, include any number of other representatives in the mediation process. At the commencement of the mediation, either party may request to submit a written mediation statement to the mediator.
The costs and expenses of the mediation shall be borne equally by each party to the Dispute, and each party shall bear its own fees, costs, and expenses; provided that, subject to the limitation provided in Section 11 above, the mediator shall have the right to allocate the costs and expenses between each party as the mediator deems equitable.
We each agree that our respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including arbitration, small claims court, or other dispute resolution procedures.
Furthermore, we each acknowledge and agree that mediations are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation/collaborative process.
In the event of any conflict between the Mediation Procedures and the provisions of this Section 17, the provisions of this Section 17 shall govern and control.
B. Court and Arbitration
We each agree to resolve all disputes and claims between us that have not been settled through informal discussion or mediation through binding arbitration or in the State or Federal District courts located in Omaha, Douglas County Nebraska, as may be decided by the courts.
C. Arbitration Notice
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Boys Town should be addressed to:
General Counsel’s Office
Father Flanagan’s Boys Home
14100 Crawford St.
Boys Town, NE 68010
(“Notice Address”).
The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). If we do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, either party may demand that the matter be referred for arbitration, but arbitration shall only be commenced by mutual agreement. If one party does not agree, then arbitration shall not be commenced. If the parties agree to binding arbitration, the arbitration shall be governed solely by this section.
D. Arbitration Rules
Any arbitration shall be administered by the AAA under its the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “Arbitration Rules”) as then in effect and as modified by the Terms of Use, which Arbitration Rules are deemed to be incorporated by reference in this Section 17.
The arbitration shall be conducted by three (3) arbitrators (the “Tribunal”). Each party shall each have the right to appoint one (1) arbitrator and the third arbitrator (who shall serve as the chairperson of the Tribunal) shall be appointed by the two party-appointed arbitrators within twenty (20) days after the date of the appointment of the last arbitrator appointed by or on behalf of the parties. Unless we agree otherwise in writing, the seat of the arbitration, and the place of all meetings and hearings in the arbitration, shall be in Omaha, Nebraska, U.S.A. The arbitration shall be conducted in English and all evidence submitted shall be submitted in English.
Nothing in the Terms of Use or the Arbitration Rules shall limit the rights of either party to engage in reasonable discovery including in the form of written discovery and depositions, whether fact or expert, in order to obtain information necessary to prosecute or defend the Dispute. The Tribunal shall have the right to order reasonable discovery in connection with any Dispute.
During the arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the party is entitled.
The Tribunal is bound by the Terms of Use. All issues are for the Tribunal to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision.
Arbitration can decide only the individual Dispute and the Tribunal may not consolidate or join the claims of other persons or parties who may be similarly situated. No Disputes may be arbitrated on a class or representative basis. BY ENTERING INTO THE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE TERMS OF USE MUST BE ASSERTED INDIVIDUALLY. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision contained in the Terms of Use shall be null and void.
In the event of any conflict between the Arbitration Rules and the provisions of this Section 17, the provisions of this Section 17 shall govern and control.
E. Cooperation
If we agree to binding arbitration, we facilitate the arbitration by (a) cooperating in good faith to expedite (to the maximum extent practicable) the conduct of the arbitration, (b) making available to one another and to the Tribunal for inspection and extraction all documents, books, records, and personnel under their control or under the control of a person controlling or controlled by such party if determined by the Tribunal to be relevant to the Dispute, (c) conducting arbitration hearings to the greater extent possible on successive business days, and (d) using reasonable efforts to observe the time periods established by the Rules or by the Tribunal for the submission of evidence and briefs.
F. Fees, Costs, and Expenses
If we agree to binding arbitration, the costs and expenses of the arbitration, including the fees of the Tribunal, shall be borne equally by each party to the Dispute, and each party shall pay its own fees, costs, and expenses; provided that, subject to the limitation provided in Section 11 above, the Tribunal shall have the right to allocate the costs and expenses between each party as the Tribunal deems equitable.
G. Tribunal Decision
If the matter is submitted for binding arbitration, the Tribunal shall provide a comprehensive written decision with detailed findings of fact and conclusions of law. The Tribunal shall decide any such Dispute strictly in accordance with the governing law specified in Section 16 above. The Tribunal shall not have the authority to award damages against either party in excess of the limitations of liability set forth in Section 11.
A decision, award or other action shall be considered the valid action of the Tribunal if supported by the affirmative vote of a majority of the arbitrators. The arbitration decision, award, or other action shall be final, conclusive, and binding on the parties and may be entered in, and enforced by, any court having competent jurisdiction. The parties expressly agree to waive the applicability of any laws and regulations that would otherwise give the right to appeal the decisions of the Tribunal so that there shall be no appeal to any court of law for the award of the Tribunal, and a party shall not challenge or resist the enforcement action taken by any other party in whose favor an award of the Tribunal was given.
18. Miscellaneous
A. Modifications
Boys Town reserves the right, at our sole discretion, to change, modify, add, or remove the Content and any other material available on the Site, including the Terms of Use, at any time and without prior notice. All changes to the Terms of Use will be effective when posted. When we make changes to the Terms of Use, we will change the “Last Updated” date above. It is your responsibility to review the Terms of Use periodically to ensure that you are aware of any changes. Your continued use of the Site following the posting of changes signifies your continued assent to the terms of the Terms of Use, as updated or amended at that time. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use the Site.
B. No Refunds
All payments for the use of the Site are 100% non-refundable once paid.
C. Inaccuracies and Errors
The information and materials available on the Site and the Content may contain inaccuracies and/or errors and Boys Town makes no warranty or representation with respect to the accuracy or completeness thereof.
D. Right to Refuse
You acknowledge that Boys Town reserves the right to refuse service to anyone and to cancel user access at any time.
E. Section Headings
The headings used herein are for convenience only and have no legal effect.
F. Severability and Enforcement
The failure of Boys Town to exercise or enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement and will not impair the validity, legality, or enforceability of the remaining provisions.
G. Entire Agreement
The Terms of Use, together with the Privacy Policy, sets forth the entire understanding of the parties with regard to use of this Site and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement.
H. Questions
If you have any questions or comments regarding the Terms of Use, please contact us by sending us an email at james.beckmann@boystown.org writing to us at FFBH, Attn: General Counsel’s Office, 14100 Crawford St., Boys Town, NE 68010 or calling us at 531-355-1248. Note that any such correspondence may be retained by us to improve our products, services, and the Site, and for other disclosed purposes.