Terms of Service - Collectively

COLLECTIVELY Terms of Service

Last Updated: September 20, 2023

Manor Ventures, LLC d/b/a Collectively (“Collectively”, “we”, or “our”) has created, controls and publishes this website (the “Site”).

Collectively provides the Site and related programs, websites, applications and services, including all associated online or digital documentation, as well as all updates and supplements provided by Collectively (collectively, the “Services”), subject to these Terms of Service (the “Terms”). These Terms set forth Collectively’s policies with respect to its operation of the Services. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (EACH, A “DEVICE”); (D) ALL INFORMATION YOU PROVIDE TO US OR THE SERVICES IS TRUE, CORRECT, AND COMPLETE, AND ALL DOCUMENTS PROVIDED TO US OR THE SERVICES ARE TRUE AND CORRECT COPIES OF WHAT THEY PURPORT TO BE; AND (E) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THESE TERMS.

Please read these Terms carefully before accessing or using the Services. Your access to or use of any part of the Services constitutes your acceptance to be bound by these Terms. If at any time you do not accept all the terms and conditions of these Terms, you must immediately discontinue accessing or using the Services.

IF YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION OR ENTITY (“ORGANIZATION”), then you are agreeing to these Terms on behalf of that organization, and you represent and warrant that you have the authority to bind the organization to these Terms. in that case, “you” and “your” refers to you and the organization.

You understand that the Services have been designed solely for use in the English (U.S.) language and that Collectively makes no representations or warranties that the Services will be adapted for use in any other language or format, although Collectively reserves the right to do so in its sole discretion.

Additional terms, such as the Services Agreement and Revocable Letter of Agency, presented in conjunction with certain programs or features offered by the Services, and certain areas within these and/or other Services (“Additional Terms”), may govern these programs, features or areas. You must agree to those Additional Terms before using those programs, features or areas. The Additional Terms and these Terms, taken together, apply to your use of those programs, features or areas. If there is an inconsistency between the Additional Terms and these Terms, the Additional Terms shall control.

QUICK GUIDE TO CONTENTS

1. Privacy and Protection of Personal Information

Please review the Collectively Privacy Statement to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services, you agree to the terms of the Collectively Privacy Statement.

2. The Collectively Platform

Through its online platform, Collectively provides capital recovery services to those individuals and businesses who use the Services to file a claim (each, a “Claimant”) in connection with certain antitrust and class action settlements identified to Claimants through the Services (each, a “Settlement”). These Services include Settlement claim monitoring, eligibility identification, data collection and preparation, filing Settlement claim forms, and communicating with the applicable Settlement claims administrator to ensure a Claimant’s accurate recovery from each Settlement. The Services are subject to these Terms of Service, as well as the Collectively Services Agreement and Revocable Letter of Agency.

3. Accounts

If you register for a Collectively account to use the Services, you must complete the registration process specified on the Site by providing us with complete and accurate information as requested by such process. You may register for two accounts, one for you as an individual and one for you on behalf of your Organization, but each account must be associated with a unique e-mail address. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your account and password, whether your password is with Collectively or a third-party service. You are also responsible for all activities that occur under your account. You agree to notify Collectively immediately of any unauthorized use of your account. Collectively is not liable for any loss that you may incur because of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach this Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part. You may have only one registered account at any given time. If we determine that you have multiple Collectively accounts in violation of these Terms, we may close your accounts and delete all data in the accounts.

In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, or confirmation of your status as an employee of an entity.

4. Authorized Users

If you are an Organization, you may authorize certain users to access the Services under your Collectively account (“Authorized Users”). The first Authorized User in your Organization will be the administrator for your Organization and will automatically be granted administrative rights. An administrator can assign or remove administrative rights of other Authorized Users at any time. The Organization will ensure that all Authorized Users are over 18 years old.

You will prevent unauthorized use of the Services by your Authorized Users and terminate any unauthorized use of or access to the Services. Authorized Users may only be provisioned and registered by a single individual. You will promptly notify Collectively of any unauthorized use of or access to the Services. Authorized Users must use the Services in compliance with these Terms. The Organization is responsible for use of the Services by its Authorized Users.

5. Fees, Payments to Us, Upgrades and Downgrades, Cancellation by You, and Payments to You

A. FEES

You agree to pay Company any applicable fees agreed to by you through the Services, in your Services Agreement, or Additional Terms.

Though some features of the Services are free, some features require you to purchase a subscription. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced in the Services Agreement, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription 2 (two) days before the subscription period renewal date by requesting cancellation through customer support at [email protected].

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

B. PAYMENTS TO US

By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You authorize and direct us to retain information about the payment method(s) associated with your account.

You must keep all billing information, including payment method, up-to-date. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

After 30 days from the date of any unpaid charges, your Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

C. UPGRADES AND DOWNGRADES

You may upgrade or downgrade your Services plan at any time.

In the event of an upgrade of your Services to a paid subscription, then any Settlement filed prior to such upgrade will be subject to the fees set forth in the Services Agreement in effect at the time such Settlement was filed.

In the event of a downgrade of your Services from a paid subscription, then (i) if you have not paid at least three years of subscription fees to Collectively at the time of such downgrade, then any Settlement filed prior to such downgrade will be subject to the fees set forth in the Services Agreement in effect after the downgrade or (ii) if you have paid at least three years of subscription fees to Collectively at the time of such downgrade, then any Settlement filed prior to such downgrade will be subject to the fees set forth in the Services Agreement in effect before the downgrade.

If there is any upgrade or downgrade of any subscriptions for Services, Collectively has the right to update Exhibit A of the Services Agreement to reflect the applicable change in fees.

D. CANCELLATION

You may cancel your Collectively account at any time by notifying us at [email protected], but any claims filed on your behalf prior to cancellation will continue to be subject to applicable the Services Agreement and Revocable Letter of Agency.

E. PAYMENTS TO YOU

Collectively, in its sole discretion, will send any payment owed to you under the Services Agreement or other Service s by check, ACH, or such other payment method reasonably determined by Collectively. You agree to keep your account information accurate and updated for payment purposes.

If a Claimant fails to update the information to claim the funds within a certain period of time, or Collectively cannot release funds to the seller for compliance reasons, Collectively will escheat the funds to the relevant government authority as required in order to comply with applicable escheatment laws.

6. Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. COLLECTIVELY affiliates, distributors, suppliers, licensors, agents (AND EACH OF THEIR RESPECTIVE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AND AGENTS) or others involved in creating, sponsoring, promoting, or otherwise making available the Services, including the Site and its contents (THE “COLLECTIVELY PARTIES”), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECTIVELY PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE COLLECTIVELY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE COLLECTIVELY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.

THE COLLECTIVELY PARTIES ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.

Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COLLECTIVELY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Limitations on Liability

IN NO EVENT SHALL THE COLLECTIVELY PARTIES BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, , INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF SOURCE MEDIA AND/OR CONTENT, OR COSTS OF RECREATING LOST SOURCE MEDIA AND/OR CONTENT) OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL COLLECTIVELY, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM: (I) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (III) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (IV) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICES; (V) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VI) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY SITE TO OR FROM WHICH THE SERVICES PROVIDE HYPERLINKS; OR (VII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES, OR THE CONTENT OF ANY SITE OR SITES LINKED TO OR FROM THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COLLECTIVELY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COLLECTIVELY PARTIES’ LIABILITY FOR DAMAGES UNDER THESE TERMS SHALL NOT EXCEED THE AGGREGATE OF THE FEES PAID TO COLLECTIVELY UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify and hold harmless the Collectively Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, the Services Agreement, the Revocable Letter of Agency, any other Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your Authorized Users use of the Services and/or any software. You agree to cooperate fully with Collectively in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.

9. Modification of the Services

Details of our particular plan offerings can be found on our website. Please note that the features and functionality of your particular subscription plan may change over time. We reserve the right to modify, revise, upgrade or limit the Services (and any portion thereof) for any reason and at any time. We also may (but are not required to) expand or enhance the Services by providing additional features, and you may be required to pay additional costs if you desire to access and use those features. The particular features and functionality available to you will depend on your applicable subscription plan.

Collectively reserves the right to charge a fee for access to or use of the Services, including the Site, one of our mobile applications (each, an “App”) and any other services available through the Services, at any time in the future, and Collectively will notify you of such fee. Any fee charged for access to or use of the Services will be inclusive of applicable taxes where required by applicable law. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future. We may change the fee for the subscription or any other Service from time to time and will notify you of any change. Changes to the subscription fee will take effect at the start of the next subscription period following the date of the fee change. By continuing to use the Services after the fee change takes effect, you accept the new fee.

10. Termination of the Services by Collectively

Collectively reserves the right to immediately suspend or terminate your Services without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the Services. Collectively shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services, these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

If your account is terminated by Collectively, you will no longer be authorized to use the Services, but any claims filed on your behalf prior to cancellation will continue to be subject to applicable the Services Agreement and Revocable Letter of Agency.

11. Software and Downloads Available Through the Services

Any software that is made available in connection with the Services, including Apps, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Collectively and is protected by copyright laws and international treaty provisions. Your and your Authorized Users’ use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Collectively has no liability with respect to any Software owned or controlled by third parties. In the event of a conflict in the terms of the Collectively App License Agreement and these Terms, these Terms shall control.

12. Third Party Services

The Services may include or provide links to, or integrations with third-party websites, platforms, integrations, applications, tools, technology, information, documents, software, materials, information, content and/or services provided or submitted by third parties and integrated with or accessible via the Services (“Third Party Services”). These Terms do not apply to any Third Party Services. It is your responsibility to become familiar with the terms and conditions, privacy policies, third party agreements or other legal terms applicable to the Third Party Services, and to contact the provider of those Third Party Services with any concerns. You agree that Collectively is not responsible for any loss, expense or damage arising from your dealings with Third Party Services or from possible errors, faults, interruptions or discontinued services caused by or associated with any Third Party Services. The Third Party Services (and the third parties responsible therefor) are not under Collectively’s control, and you acknowledge that Collectively is not responsible for the accuracy, completeness, appropriateness, performance, reliability, availability, data retention, support, privacy, security, validity, copyright compliance, non-infringement, legality, decency, or any other aspect of such Third Party Services, nor is Collectively responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third Party Services, including any reference or link thereto, is provided merely as a convenience and does not imply endorsement of, or association with, the Services or Collectively, or any representation or warranty of any kind, either express or implied. You access and use all such Third Party Services entirely at your own risk and subject to such third parties’ terms and conditions.

13. Technical Support

Collectively will provide technical support in connection with your use of the Services, provided that you pay any required fees in advance. Your use of technical support services is governed by the policies and procedures described in the user manual, online documentation, and/or other materials provided by Collectively relating to the Services. You understand that Collectively may use any and all technical information provided by you for its own business purposes, including (but not limited to) product support and development.

14. Interruption of Service

Collectively reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise, with or without notice, in order to perform necessary maintenance. You agree that Collectively will not be liable for any interruption of the Services, or from any delay or failure to perform for any reason. You acknowledge that the Services may also be interrupted for reasons beyond the control of Collectively, and Collectively cannot make any assurances that You will be able to use the Services whenever You desire to do so.

15. User Code of Conduct

In accessing and using the Services, you agree that you and your Authorized Users will not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
Deliver, or provide links to, any postings containing material that
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- harasses, victimizes, degrades, or intimidates an individual or group of individuals because of religion, race, ethnicity, sexual orientation, gender, age, or disability
- is defamatory, false or libelous
- infringes or violates any intellectual property or other right of any entity or person.
Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
Impersonate another person or entity or misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to deceive or defraud another.
Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you deliver.
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of any content available through the Services.
Deliver any unauthorized posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
Use the Services in any manner which could damage, overburden or interfere with the use of the Services or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as email addresses.

You represent and warrant that your use of the Services will at all times comply with all applicable federal, state and local laws, rules, regulations, ordinances and orders.

16. Interactive Services and User Materials

Interactive Services

The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Collectively’s sole discretion.

User Materials

Collectively does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). Collectively is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Collectively reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Collectively is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.

You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Collectively will not violate the rights of any third party.

By providing or modifying any User Material, you are granting Collectively and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such User Material, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. Collectively also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in the Collectively Privacy Statement.

The information and opinions expressed in User Materials are not necessarily those of Collectively or its content providers, advertisers, sponsors, affiliated or related entities, and Collectively makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Collectively does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Collectively has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the some portions of the Site are “public,” and in addition to the license granted to Collectively, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Materials which violate these Terms, please contact us at [email protected]. Please provide as much detail as possible, including a copy of the underlying material, the location where Collectively may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Collectively will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Collectively, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

17. Referral Programs

The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You should obtain the consent of the Referred Person prior to providing us with his or her contact information, and we must approve all materials in whatever medium that refer in any way to Collectively or the Services before you provide them to a Referred Person. If you have entered into a separate referral agreement with Collectively, you agree to comply with its terms and conditions, including the requirement to obtain Collectively’s approval before providing a Referred Person with any materials relating to Collectively or the Services.

We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any Referred Person from time to time. A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.

We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms which are deemed incorporated into, and subject to, these Terms. We may suspend or terminate any or all referral programs without notice, reason or liability.

18. Voting/Rating Features

For any voting/rating features that are available through the Services, you must follow all instructions and limitations provided via the Services to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Collectively is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.

19. Mobile Devices

Through use of the Services, you may be able to: (a) upload content to the Site via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile device and/or (d) access certain features you have downloaded and installed on your mobile device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to the Mobile Services, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Mobile Services. You must ensure that your device and/or software does not disturb or interfere with the Mobile Services, including the Site’s or any App’s operations. Any equipment or software causing interference will be immediately disconnected from the Mobile Services, and Collectively may immediately suspend or terminate your further use of the Mobile Services. If any upgrade to the Mobile Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Mobile Services will be subject to the terms and conditions of these Terms. You agree to comply with any applicable laws in your use of the Mobile Services.

20. Collectively Communications

You agree to receive communications from Collectively, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems, which may include, but are not limited to, operational communications concerning your Collectively account or use of the Services, updates concerning features of the Services, communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages Collectively sends.

If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time VIA A FUNCTIONALITY PROVIDED BY THE SERVICES. You may also opt-out of receiving text messages by replying “STOP” from the device receiving the messages.

21. International Use/U.S. Export Controls

Accessing materials through the Services by certain persons in certain countries may not be lawful, and Collectively makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.

The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

22. Disputes and Arbitration

Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Collectively, whether arising out of or relating to these Terms or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that either party may assert individual claims in small claims court in Atlanta, Georgia, if the claims qualify. You agree that, by agreeing to these Terms, you and Collectively are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Collectively agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Collectively agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

Pre-Arbitration Dispute Resolution. Collectively is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing Collectively’s support team at [email protected].

Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless you and Collectively agree otherwise, any arbitration hearings will take place in Atlanta, Georgia. If your claim is for $10,000 or less, Collectively agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. During the arbitration, the amount of any settlement offer made by Collectively or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Collectively is entitled.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the “Prohibition of Class and Representative Actions and Non-Individualized Relief” above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.

Dispute Time Limit. The timeline for disputes hereunder, unless otherwise required by applicable law, must be commenced within one year after the cause of action accrues.

23. General

These Terms and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If any provision of these Terms, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms (including any limitations of liability or other exclusions of damages) shall remain unaffected and in full force and effect.

The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right.

Unless expressly provided otherwise, these Terms, the Additional Terms, together with any amendments and additional agreements you may enter into with Collectively, constitute the entire agreement between you and Collectively with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of Collectively.

No party shall be liable for any default or delay in the performance of its obligations under these Terms if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.

All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

You may not assign these Terms or any Additional Terms, nor may you delegate or subcontract any of your obligations under these Terms or any Additional Terms, in each case without the express prior written consent of Collectively.

If you have any questions concerning these Terms or the Services, please contact us at [email protected].

24. Intellectual Property

Use of Intellectual Property

The Services, and its contents, including but not limited to text, photographs, graphics, video and audio material, software, Collectively logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Collectively or by other parties that have provided rights thereto to Collectively.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Collectively. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.

Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Collectively, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame or mirror the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of Collectively.

Copyright Infringement

Collectively respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services, you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Collectively reserves the right to remove access to infringing material. Such actions do not affect any other rights Collectively may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

By mail:

DMCA Designated Agent

Manor Ventures, LLC d/b/a Collectively

2870 Peachtree Road, Suite 261

Atlanta, GA 30305

By Email: [email protected]

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(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 copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(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 Collectively to locate the material.

(iv) Information reasonably sufficient to permit Collectively to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

25. Modification to these Terms

Collectively may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. In any event, by continuing to use the Services after we have provided notice to you, you will have accepted the modified Agreement. If you do not agree to, or cannot comply with, this Agreement as amended, you must stop using the Services.

26. Notices

Except for cancellation or changes to your subscription plan, any other notice or demand shall be in writing and addressed to the respective parties, as follows:

If to Collectively: Except as otherwise provided herein, notice shall be made by registered or certified mail, Collectively, Manor Ventures, LLC d/b/a Collectively, 2870 Peachtree Road, Suite 261, Atlanta, GA 30305 , Attn: CEO and Legal Department.

If to You: Your affirmative act of accessing or using any portion of the Services or other acceptance of these Terms as described above constitutes your electronic signature to these Terms and your consent to enter into agreements with Collectively electronically. Collectively may give notice by means of a general notice on the Services, electronic mail to your email address in your Collectively account, telephone or text message to any phone number provided in connection with your Collectively account, or by written communication sent by first class, registered, or certified mail, to any address connected with your Collectively account. The delivery of any notice from the Collectively is effective when sent or posted by the Company, regardless of whether your read or views the notice when received or whether you actually receive the delivery.