Welcome to the Terms of Service for the Sundance Collab services (“Collab Terms”) provided by Sundance Institute (“Sundance Institute”, “we” or “us”).
By using or accessing the Services, you are agreeing to these Sundance Collab Terms. For purposes of these Sundance Collab Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind such entity to these Sundance Collab Terms, and (b) you agree to these Sundance Collab Terms on such entity’s behalf.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: Please note that Section 9 contains an arbitration clause and class action waiver. By agreeing to these Sundance Collab Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 9.
1. Who May Use the Services
You must be 13 years of age or older to use our Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use our Services if the minor’s parent or guardian accepts these Sundance Collab Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet all of these requirements.
2. User Accounts and PAID Services
2.1 Creating and Safeguarding your Account. To use certain portions of the Services, you will need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at firstname.lastname@example.org if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
2.2 Paid Services and Fees. Certain portions of the Services are available to you for a fee. This includes our subscription-based services, including payment plans, and certain online courses offered on the Services. If you sign up for these paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You acknowledge and agree that all information you provide with regards to a purchase of Services, including, without limitation, credit card, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue or limit the available quantity of any paid Services, and (b) refuse to allow any user to purchase any Services. If you are on a payment plan, you acknowledge and agree that the second payment must be made in full prior to the third class session, and the third payment made in full prior to the fifth session of the respective course, or your access to the paid Services will be terminated.
2.3 Subscription Renewals and Cancellations. You agree that if you purchase a subscription to use any portion of the Service with an auto renewal feature (“Recurring Subscription”), your Recurring Subscription will automatically renew at the subscription period frequency referenced on your Account information page of the Services (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new Recurring Subscription period for the fees and taxes applicable to that renewal period. To avoid future subscription charges, you must cancel your Recurring Subscription 10 days before the Recurring Subscription period renewal date by selecting “CANCEL SUBSCRIPTION” from your Account page on the Services or by emailing us at email@example.com.
2.4.1 General. You may request a refund by contacting firstname.lastname@example.org. Except as expressly set forth in these Sundance Collab Terms, payments are non-refundable and there are no credits for partially used subscription periods, courses or master classes. No more than one (1) refund per account, per year. Scholarships are not transferable to future courses.
2.4.2 Subscriptions. You may request a refund for any paid subscription you purchase through the Services within 30 days of the initial date of your purchase, provided that, as of the date of your refund request, you have not participated in any Course.
2.4.3 Courses. If you wish to withdraw your enrollment in any online course within the time frames listed below, we will provide a refund of the percentage of the fee you have paid subject to the following conditions:
(a) If, within 14 days of the date of your initial purchase, you elect to withdraw from the course, provided that (i) the class sessions have not yet started, and (ii) you have not accessed any course materials, you will be eligible to receive a refund equal to 100% of the purchase fee you paid.
(b) If, following 14 days from the date of your initial purchase, you elect to withdraw from the course, provided that not more than 50% of the scheduled class sessions for the course have been conducted, you will be eligible to receive a refund equal to 50% of the purchase fee you paid.
(c) No refund will be available if more than 50% of the scheduled class sessions for the course have been conducted prior to your election to withdraw from the course.
2.5 Promotional and Referral Code. We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts on future Services, or other features or benefits related to the Services, subject to any additional terms that Sundance Institute establishes. You acknowledge that Promotional or Referral Codes are intended for one-time use only and you understand and agree that only one (1) Promotional or Referral Code may be used at a time. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Sundance Institute; (d) may be disabled or have additional conditions applied to them by Sundance Institute at any time for any reason without liability to Sundance Institute; (e) may only be used pursuant to the specific terms that Sundance Institute establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Service; and (g) may expire prior to your use.
2.6 Changes to Services and Pricing. Sundance Institute may, at any time and in our sole and complete discretion, revise or change the pricing, availability, specifications, content, descriptions or features of any Services. While we attempt to be as accurate as we can in our descriptions for the Services, we do not warrant that Service descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to change our subscription or course plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Sundance Collab Terms, any price changes or changes to your subscription or course plan will take effect following reasonable notice to you.
2.7 Order Acceptance. Once we receive your order for a Service, including, without limitation, a subscription or a course, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide such Service; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole and complete discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.
3.1 Contest Rules and Eligibility. We may host certain contests (the “Contests”) as announced on the Service. No purchase is necessary to enter a Contest. For specific details on how to enter into a Contest, the criteria for selecting winner(s) and other related information, please reference any specific Contest rules (the “Rules”) that are posted on the Service for such Contest. In the event of any conflict between the Rules and these Sundance Collab Terms, the Rules will supersede as they apply to any specific Contest. Employees of Sundance Institute and its respective parents, subsidiaries, affiliates, and members of their immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) are not eligible to enter or win. The Contest is void where prohibited by law.
3.2 Entries. You acknowledge and agree any of Your Content (defined below) specifically uploaded in connection with your participation in a Contests (“Your Entry”) may be viewed by Sundance Institute’s partners, teachers, contest judges and advisors and other users of the Service assisting Sundance Institute in connection with the Contest. By participating in a Contest, you represent and warrant that Your Entry is your original work, and that you are the sole owner and author of Your Entry and have all legal rights to Your Entry. You further represent and warrant that Your Entry does not defame, disparage or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, is not restricted by copyright, trademark or any other similar right of any third party, is legal to assign and offer for sale, suitable for publication, otherwise complies with the Rules and these Sundance Collab Terms.
3.3 Disclaimer. If you are a winner of a Contest, then as a condition to receive the applicable prize, you hereby fully release and hold harmless Sundance Institute from any injuries, attorneys’ fees, costs, expenses, losses or damages of any kind resulting from acceptance or use of such prize. Sundance Institute is not responsible for technical, hardware of software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest or by any human error that may occur in the processing of entries. Failure to comply with the Rules or these Sundance Collab Terms will result in disqualification.
3.4 Administration, Cancellation and Disqualification. By submitting Your Entry, you agree that the Rules, these Sundance Collab Terms and the decisions of Sundance Institute are binding on you and shall be final in all respects. Winners of any Contest grant Sundance Institute the right to use their name, likeness, photo, score and/or prize information for promotional purposes relating to the Contest without further compensation or permission (unless prohibited by law). Sundance Institute reserves the right to cancel or modify any Contest if fraud, technical failures or other causes destroy or threaten the integrity of the Contest or if the Contest is not capable of running as planned for any reason. Sundance Institute reserves the right, at its sole and complete discretion, to cancel the Contest or disqualify any individual it determines to be tampering with the Contest, to be violating the Rules or these Sundance Collab Terms or acting in a manner disruptive to the conduct of the Contest. We reserve the right to discontinue any Contest at any time.
4.2 Code of Conduct. Our Code of Conduct provides guidelines on how you must conduct yourself on our Services. The Code of Conduct can be found on http://collab.sundance.org and is incorporated herein by reference. In the event of a conflict between the Code of Conduct and these Sundance Collab Terms, these Sundance Collab Terms will supersede and control.
5. Rights We Grant You
5.1 License Grant. Subject to your compliance with these Sundance Collab Terms, Sundance Institute hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the software and content provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Sundance Collab Terms and subject to the use restrictions described below.
5.2 Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws prohibit these restrictions or you have our written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
(b)duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(c)use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;
(d)exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(e)use the Services in any manner that we, in our sole discretion, suspect could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;
(f)attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;
(g)circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(h)use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(i)introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(j)use the Services for illegal, harassing, unethical, or disruptive purposes;
(k)violate any applicable law or regulation in connection with your use of the Services; or
(l)use the Services in any way not expressly permitted by these Sundance Collab Terms.
6. Ownership and Content
6.1 Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos defined individually and collectively as the ‘Protected Materials’), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Other than with respect to Your Content (as defined in Section 6.2 below), you agree that Sundance Institute and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. The Sundance Institute name, the terms SUNDANCE COLLAB, SUNDANCE FILM FESTIVAL® and SUNDANCE INSTITUTE®, the Sundance Institute logo and all related names, logos, product and service names, designs and slogans are trademarks of Sundance Institute or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
6.2 Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, royalty-free, worldwide license to access, use, host, cache, store, transmit, display and publish Your Content on the Services in connection with our provision of the Services to you, including to permit other users of our Services and Sundance Institute’s partners, teachers, contest judges and advisors to provide you feedback to Your Content, and in the case of Your Entries, to judge them in connection with the applicable Contest. As part of the foregoing license grant you agree that the other users of our Services and Sundance Institute’s partners, teachers, contest judges and advisors shall have the right to comment on Your Content. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
6.3 Course Recordings. Sundance Institute may record certain courses offered as part of the Services while they are in session and store such recordings (the “Course Recordings”) in our courses archive (the “Archive”). You agree that Sundance Institute may offer, display, store, and publish the Archive in connection with the operation of the Services. By using any of the Services, you grant Sundance Institute the right to use your name, image and likeness as they appear in the Course Recordings for the purpose as stated in this Section 6.3 and without further compensation or permission (unless prohibited by law).
6.4 Ownership of Feedback. You may be able to offer feedback and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Sundance Institute, in perpetuity, and Sundance Institute may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Sundance Institute any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
6.5 Notice of Infringement for User Content – DMCA Policy
Sundance Institute is committed to complying with the Digital Millennium Copyright Act (the “DMCA”). If you are a copyright owner (or an agent thereof) who believes that your (or your client’s) content was posted on the Services without your permission in a way that infringes your rights, you can follow the DMCA notification procedures outlined in the Website Terms to notify our Copyright Designated Agent regarding such content.
7. Third Party Services and Materials
7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
8. Disclaimers, Limitations of Liability and Indemnification
8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Sundance Institute, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, instructors and licensors (the “Sundance Institute Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Sundance Institute Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the hacking of, corruption of, deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Sundance Institute Entities or through the Services, will create any warranty or representation not expressly made herein.
8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE Sundance Institute ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE SUNDANCE COLLAB TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE SUNDANCE COLLAB TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE Sundance Institute ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE SUNDANCE COLLAB TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE Sundance Institute ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE Sundance Institute ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3 Indemnification. By entering into these Sundance Collab Terms and using the Services, you agree that you shall defend, indemnify and hold the Sundance Institute Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Sundance Collab Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) Your Content; and/or (e) your negligence or willful misconduct.
9. ARBITRATION AND CLASS ACTION WAIVER
9.1 Informal Process First. You agree that in the event of any dispute between you and the Sundance Institute Entities relating in any way to these Sundance Collab Terms or your use of the Services, you will first contact the Sundance Institute in writing and make a good faith sustained effort to engage respectfully and collaboratively with the Sundance Institute to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
9.2 Agreement to Arbitrate and Class Action Waiver. In the event a respectful and collaborative sustained effort does not fully resolve a dispute, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Sundance Collab Terms or your use of the Services, will be resolved by arbitration. You and the Sundance Institute agree that, to the maximum extent permitted by applicable law, any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Sundance Collab Terms, and provided that with respect to Claims involving users of the Service that are outside of the United States, the applicable JAMS Rules will be the JAMS International Arbitration Rules). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Sundance Collab Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Sundance Collab Terms, you and Sundance Institute are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Sundance Institute will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court (or your local jurisdiction’s equivalent venue, if any), but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
9.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If you are a user of a Service who is inside of the United States and the value of your claim does not exceed $10,000, Sundance Institute will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous, malicious, or brought for any other improper purpose.
9.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Sundance Collab Terms by sending written notice of your decision to opt-out to email@example.com or to Sundance Institute, P.O. Box 684429, Park City, UT 84068. The notice must be sent to Sundance Institute within thirty (30) days of your registering to use the Services or agreeing to these Sundance Collab Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Sundance Collab Terms. If you opt-out of these arbitration provisions, Sundance Institute also will not be bound by them.
10. Additional Provisions
10.1 Updating These Sundance Collab Terms. We may modify these Sundance Collab Terms from time to time in which case we will update the “Last Revised” date at the top of these Sundance Collab Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the front webpage for the Services. However, it is your sole responsibility to review these Sundance Collab Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.2 Termination of License and Your Account. If you breach any of these Sundance Collab Terms, all licenses granted by Sundance Institute will terminate automatically. Additionally, Sundance Institute may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Sundance Institute deletes your Account for any suspected breach of these Sundance Collab Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Sundance Institute may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Sundance Collab Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Sundance Institute or you. Termination will not limit any of Sundance Institute’s other rights or remedies at law or in equity.
10.3 Injunctive Relief. You agree that a breach of these Sundance Collab Terms will cause irreparable injury to Sundance Institute for which monetary damages would not be an adequate remedy and Sundance Institute shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.5 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Sundance Institute hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
10.6 Severability. If any provision of these Sundance Collab Terms is unlawful, void or for any reason unenforceable, then that provision shall be excluded to the extent of its unenforceability. All other Sundance Collab Terms shall remain in full force and effect.
10.7 Miscellaneous. These Sundance Collab Terms and the licenses granted hereunder may be assigned by Sundance Institute without notice but may not be assigned by you without the prior express written consent of Sundance Institute. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local rules and laws regarding your use of Services, including as it concerns online conduct and acceptable content. Our headquarters are in Park City, Utah, and the laws of the state of Utah shall govern this agreement, as well as providing exclusive venue and jurisdiction of any disputes. These Sundance Collab Terms are governed by the laws of the State of Utah, and with respect to arbitration by the JAMS Rules, without regard to conflict of laws rules. Except as otherwise expressly provided in these Sundance Collab Terms, all arbitration and other litigation of any dispute between you and Sundance Institute related to these Sundance Collab Terms shall be located in Summit County, Utah.
10.8 How to Contact Us. You may contact Sundance Institute regarding the Services or these Sundance Collab Terms at: Sundance Institute, P.O. Box 684429, Park City, UT 84068, or by email at firstname.lastname@example.org.