Donor Story: Epic Fundraising Course Terms and Conditions

MARKETSMART TERMS OF SERVICE

Last Updated: November 18, 2022

Thanks for using the MarketSmart online learning services (including this website, the online community of users that have also purchased an account for the services (the “Community”), mobile and web-based applications, and any other tools, products, or services provided by MarketSmart L.L.C. that link to or reference these Terms) (collectively, the “Services”). By purchasing the Services, you will receive online access to view Dr. Russell James’s fundraising training courses and interact with a community of other users of the Services. The Services are provided by MarketSmart, L.L.C. (“MarketSmart”, “we,” “our,” or “us”), with its principal office at 1910 Towne Centre Blvd, Suite 250, Annapolis, MD 21401, U.S.A.

By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully.  Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services.  By accessing or using the Services, you intend and agree to be legally bound by these Terms. If you want to join our affiliate marketing program, you must accept our Affiliate Network Terms and Conditions (beginning in 2022), provided at https://imarketsmart.com/. You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 10 AND 11 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

1. Using our Services

You must follow any policies made available to you within the Services, including our Privacy Policy and Code of Conduct Policy (the “Code of Conduct”). Access to Dr. Russell James’s online fundraising training courses is provided under the Creative Commons Attribution 4.0 International Public License (“CC-BY License 4.0”), provided at https://creativecommons.org/licenses/by/4.0/legalcode#s2b. The content available in Dr. Russell James’s online fundraising training courses is the only component of the Services that is subject to CC-BY License 4.0. The other content and features available on MarketSmart’s Services,  (except for content you provide) are proprietary to MarketSmart and are not subject to CC-BY License 4.0.

Don’t misuse our Services.  For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). Provided that you are only accessing Dr. Russell James’s online fundraising training courses, you are subject to CC-BY License 4.0. To the extent you are using other aspects of the Services, including interacting with users of the Services in the Community (as defined in Section 2)  or participating in live question and answer sessions with other users of the Services, you may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies (including the Code of Conduct), if we are investigating suspected misconduct, or for any other reason.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in CC-BY License 4.0, these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the MarketSmart name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some Content that is not our own and is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”).  We are not responsible for, and you waive all of our liability with respect to, Third Party Content.  Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.

Some of our Services are available on mobile devices, which may cause you to incur data charges with your wireless provider.  Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile features.

2. Your MarketSmart Account

You need an account in order to use the Services. The Services will be available to you for as long as the Services exist and we are entitled to make the training courses available. You agree that all registration information you give us will be accurate and current.  If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account.  You will timely notify us of any changes to any of the foregoing information.  You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a “Remember Me” or similar functionality (“Activated Device”). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share an Activated Device.

You may never use another person’s account and you may never provide another person with the login information to access your account. If you share login information with another person that has not subscribed to use the Services, we may immediately terminate your access and account without notice, thereby terminating these Terms. We reserve the right to assert any legal claims against you for sharing login information with another person that has subscribed for access.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account.  If you learn of any unauthorized use of your password, please contact us at info@imarketsmart.com.

By purchasing an account to use the Services, you receive lifetime access to the Community. In the Community, you may communicate, interact and collaborate with other users of the Services for as long as the Services exist. You agree that you are solely responsible for your interactions with any other user in connection with the Services and MarketSmart will have no liability or responsibility with respect thereto. You also receive access to participate in a series of live question and answer sessions with other users of the Services. The question and answer sessions will be subject to MarketSmart’s code of conduct, which is available at https://imarketsmart.com/donor-story-epic-fundraising-course-conduct-code/.

3. Payment and Automatic Renewal

You agree to pay all amounts owed to us for the Services under any terms, policies or other written or electronic agreement we may have in place.

To receive access to the Services, you can satisfy your payment obligations to MarketSmart under either of the following two options: (i) you can pay an annual fee equal to the then current rate as posted on MarketSmart’s website, or (ii) you can pay a one-time, upfront fee for a specified number of years.

These Terms shall become effective at the time the first subscriber accepts these Terms and will expire at the end of the period of time that you are subscribing to the Services (a “Subscribed Period”). Upon the expiration of each Subscribed Period, these Terms shall be automatically renewed at the then current rate as posted on MarketSmart’s website, unless you cancel your subscription to the Services or prevent automatic renewal by notifying MarketSmart in writing via email to info@imarketsmart.com of your intent to prevent renewal prior to the expiration of the initial or then-current Subscribed Period.

Beginning on December 7, 2021 and expiring on December 16, 2021, the price for a Subscribed Period of one (1) year is $997.00. Beginning in 2022, the price for a Subscribed Period of one (1) year is $1,997.00

For members of entities, organizations and companies (each, an “Organization”), the following terms will apply. For each Organization, the first member that subscribes to the Services will pay a fee of $997.00 ($1,997.00 in 2022) for a Subscribed Period of one (1) year, and up to five (5) additional members of the same Organization may be added to the subscription for an incremental fee of $5.00 per member for a Subscribed Period of one (1) year.

These prices are subject to change at any time without notice.

We may require you to maintain valid credit card or other payment account information with us in order to receive the Services, and if so, you hereby authorize us to charge your credit card or other payment account for the Services. Your right to make purchases through the Services is conditioned upon our receipt of payment.  If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms.  Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Services immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.

4. Money Back Guarantee

Should you become dissatisfied with the Services within the first thirty (30) days of your purchase of the Services, MarketSmart will refund the full amount paid for your purchase and will immediately terminate your access and account. To be eligible for a refund, you must submit a refund request to mwoodward@imarketsmart.com and it must be received by MarketSmart within thirty (30) days after your purchase of the Services, or any refund is waived.

To take advantage of our money back guarantee offer, you must agree to and be in full compliance with the terms and conditions set forth in these Terms, or you will not be eligible for a refund. If your payment has not been received or has otherwise been reversed or challenged, no additional refund will be provided.

MarketSmart in its sole discretion, and without prior notice, may revoke or modify the terms of our money back guarantee offer at any time.  Changes to our money back guarantee offer and any notice of revocation will be posted on this webpage, so please check this page regularly and look at the “Last Updated” date above in case the Terms have changed.   This money back guarantee offer is void where prohibited by law

5. Privacy and Feedback

Our privacy policy located at https://imarketsmart.com/privacy/ explains how we treat your personal information and protect your privacy when you use our Services. By using our Services, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any information or Content that you share with others via your use of the Services.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

If you submit feedback or suggestions about our Services, you agree that we may use your feedback or suggestions without obligation to you.

6. Content You Submit or Share

You may submit, upload, and share videos, pictures, text and other content to or through the Services (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.

When you upload, submit, or otherwise share Your Content to or through our Services, you give us (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute Your Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.  Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

We may publicly display your profile information, posts, and actions you take on the Services, such as reviews you write and comments you post in the Community. Your interactions (including your voice) during the live question and answer sessions will recorded, distributed and broadcast to the other members of the Community, and you hereby consent to this and also to the use of such recordings in advertising and promoting the Services. You may request that we delete any of Your Content that you submit to the Services by sending us an email at info@imarketsmart.com.  To the extent within our control we’ll remove Your Content from public display and mark it for future deletion if permitted by applicable law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the Services).  We cannot remove your oral comments and interactions during the live question and answer sessions, which will be recorded and distributed and broadcast to the other members of the Community. For purposes of clarification, once you submit or share Your Content with others via the Services (e.g., other users or third parties), we no longer have control over those portions of Your Content and will not be able to delete it or prevent them from using it.

Furthermore, you agree that you will not use the Services to:

• Violate any law or a third-party’s rights;
• Submit excessive or unsolicited commercial messages or spam any users;
• Submit malicious content or viruses;
• Solicit other people’s login information, credit card numbers, or other sensitive information;
• Harass or bully other users; or
• Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

7. Certified Fund Raising Executive Accreditation Credits

MarketSmart has applied with the Certified Fund Raising Executive (“CFRE”) for accreditation credits, but has not received approval from the CFRE yet. At the completion of the Services, you will receive a certificate from MarketSmart showing that you have completed the Services. Once you have received the certificate, you can apply with the CFRE to receive the CFRE accreditation credits. You understand that CFRE, in its sole discretion, will ultimately determine whether or not you will receive CFRE accreditation credits. MarketSmart will not be liable or responsible for any refusal to provide CFRE credits or the desired number of credits.

8. INTELLECTUAL PROPERTY PROTECTION

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so.  If you are a copyright owner or its agent and believe that any content residing on or accessible through the Services infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• Identification of the work or material being infringed.
• Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
• Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
• A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:

• The specific URLs of material that we have removed or to which we have disabled access.
• Your name, address, telephone number, and email address.
• A statement that you consent to the jurisdiction of U.S. District Court for the District of Maryland, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Your signature.

Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material.  If we do not receive any such notification within ten (10) days, we may restore the material to the Services.

The contact information for our Designated Agent is:

Gregory Warner

MarketSmart

Attention:  Copyright Agent

6404 Ivy Lane, Suite 110

Greenbelt, MD 20770

Email:  gwarner@imarketsmart.com

If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at info@imarketsmart.com.  We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of MarketSmart or others, and/or to remove, delete, edit or disable access to such person’s content.   You agree that we have no liability for any action taken under this section.

9. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, at any time, without any notice or liability. In addition, our initial and renewal pricing terms and polices may change at any time, without any notice or liability.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.

Sections 9 – 15 will survive termination or expiration of these Terms indefinitely.

10. Our Warranties and Disclaimers

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER MARKETSMART NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, COURSE INSTRUCTORS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THE RELIABILITY OR AVAILABILITY OF THE SERVICES, OR THE ABILITY OF THE SERVICES TO MEET YOUR NEEDS.  WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS IN CONNECTION WITH THE SERVICES.  WE PROVIDE THE SERVICES AND ALL INFORMATION PROVIDED THROUGH THE SERVICES “AS-IS.” THE SERVICES ARE NOT GUARANTEED TO DELIVER PARTICULAR FINANCIAL RESULTS AND MARKETSMART IS NOT RESPONSIBLE OR LIABLE FOR THE RESULTS OF ANY FUNDARAISING EFFORTS BASED ON THE SERVICES.

MARKETSMART, ITS OFFICERS, MEMBERS, EMPLOYEES, COURSE INSTRUCTORS, AND AGENTS SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY ERROR OR INACCURACY IN ANY INFORMATION MADE AVAILABLE BY THE SERVICES OR FOR ANY TRADES, INVESTMENTS OR OTHER DECISIONS YOU MAKE AS A RESULT OF USING THE SERVICES OR THE INFORMATION PROVIDED THEREIN.

THE SERVICES DO NOT PROVIDE A STATEMENT OF YOUR ACTUAL OR PROJECTED FUNDRAISING RESULTS OR A FUNDRAISING FORECAST AND ARE NOT INTENDED TO SERVE AS A SUBSTITUTE FOR OTHER PROFESSIONAL ADVICE.  WE ARE NOT RESPONSIBLE FOR YOUR USE OF THE INFORMATION PROVIDED BY THE SERVICES.   YOU UNDERSTAND AND AGREE THAT MARKETSMART DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AND ALL LIABILITY WITH RESPECT TO THE ANALYSIS PROVIDED BY THE SERVICES, INCLUDING FOR ANY ERRORS, INACCURACY OR INCOMPLETENESS.  IN ADDITION, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS NECESSARY TO PROVIDE US WITH ACCESS TO YOUR SALESFORCE.COM ACCOUNT AND TO THE INFORMATION MADE AVAILABLE TO US WITHIN YOUR SALESFORCE.COM ACCOUNT.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

11. Liability for our Services

TO THE EXTENT NOT PROHIBITED BY LAW, MARKETSMART (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF MARKETSMART (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).

IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, MARKETSMART (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, PANDEMICS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

12. Business/Employer Uses of our Services

If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

13. Indemnification

You hereby agree to indemnify, defend, and hold harmless MarketSmart, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Services, your use or misuse of the Services, your breach of the Code of Conduct and/or any of your actions or conduct in the Community and during the live question and answer sessions.  However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

14. About these Terms

We may modify these Terms or any additional terms that apply to a Service for any reason, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms.  We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email.   By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms.  If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms and any additional terms for a Service, the additional terms will control for that conflict.

These Terms control the relationship between MarketSmart and you. They do not create any third-party beneficiary rights (except in the limited case of Section 14).  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of the United States and the State of Maryland, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent.  We may assign these terms or assign or delegate any of our rights or obligations at any time.

For information about how to contact MarketSmart, please visit our contact page at https://imarketsmart.com/contact/.

15. Binding Arbitration

Without limiting your waiver and release in Section 10, you agree to the following:

1. Purpose. Any and all Disputes (as defined below) involving you and MarketSmart will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 15 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 15 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
2. Definitions. The term “Dispute” means any claim or controversy related to the Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “MarketSmart ” means MarketSmart and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.
3. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to MarketSmart by mail to 1910 Towne Centre Blvd, Suite 250, Annapolis, MD 21401, U.S.A.
4. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or MarketSmart may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
5. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Procedures Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify MarketSmart about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and MarketSmart agree otherwise, any arbitration hearing will take place in Washington, D.C. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
6. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
7. Arbitration Fees and Costs. The payment of the JAMS fees and costs will be governed by the JAMS Rules.
8. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND MarketSmart AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
9. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

For more information, please contact us at info@imarketsmart.com.