Terms of Service

Last Updated: December 17, 2024

 

1. Introduction

Please read these Terms and Conditions (“Terms”, “Terms of Service”, “Terms and Conditions”) carefully before using this site and the CORE Higher Education Group platform (collectively, the “Service”) operated by PeopleGrove Inc. (“PeopleGrove”, “us”, “we”, or “our”). We operate this site in conjunction with our partners (universities and other organizations) who manage the day-to-day operation of their respective site (our “Partners”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy (https://corehighered.com/privacy-policy). These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service or creating an account on our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

PeopleGrove takes user privacy seriously and does not permit third parties to bulk collect data from our Services through the use of automated scripts (“scraping”) or similar technologies or methodologies. For more information on our privacy practices, please read our Privacy Policy (https://corehighered.com/privacy-policy).

Please note that these Terms of Service contain a dispute resolution provision that requires arbitration, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail below.

2. Eligibility and Availability

In order to access the Service, the following must be true:

• You are the age of majority in your jurisdiction of residence and have the legal authority to enter into these Terms of Service; and
• You live in the United States and in a state or territory where the Service is made available.

If you do not meet these requirements, you must not access or use the Service. You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Service. In addition to the above requirements, PeopleGrove reserves the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you.

 

PeopleGrove is based in the United States. We provide the Service for use only to persons located in the United States. We make no claims or representations that the Service or any of their content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

3. Restrictions on Use

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Service. You agree not to use the Service:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• To impersonate or attempt to impersonate us, our employees, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or other users of the Service or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other user’s use of the Service, including his or her ability to engage in real time activities through the Service;
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Service;
• Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service, the server on which the Service is stored or hosted, or any server, computer or database connected to the Service;
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the Service.

4. Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we or our Partners may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that even if you unsubscribe from commercial electronic communications, we or our Partners may still e-mail you non-commercial (transactional) electronic communications related to your transactions with the Service.

PeopleGrove allows for SMS-based notifications if you choose to opt in during sign-up or later on your Preferences page. You may subscribe to SMS notifications for various activities on the platform, such as new messages, new meetings, and meeting reminders. You can cancel the SMS service at any time. Just text “STOP” to the number you received a text from. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If at any time you forget what keywords are supported, just text “HELP” to to the number you received a text from . After you send the SMS message “HELP” to us, we will respond with instructions on how to use our Service as well as how to unsubscribe. Please allow us ten (10) business days from when the request was received to complete the removal. The following carriers are supported: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you and the message frequency may vary per user.

A primary purpose of the Service is to provide for communications between users. PeopleGrove and our Partners do not represent or warrant the quality or content of these communications. We and our Partners reserve the right to monitor these communications for the purpose of improving the Service and preventing spam and abuse.

The Service is not intended to be used for selling or other unsolicited outreach. You agree to not use the Service for the purpose of unsolicited selling activities. PeopleGrove and our Partners reserve the right to terminate access at our sole discretion at any time.

5. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

PeopleGrove and our Partners have the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of PeopleGrove or our Partners or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Accounts

When you create an account with us, you guarantee that you are above the age of 18, or are above the age of 13 and have your parent or guardian’s consent, and that the information you provide us is accurate, complete, and current at all times. Falsified information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited, to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We, and our Partners, reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

7. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@peoplegrove.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

8. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@peoplegrove.com.

9. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PeopleGrove, our Partners, and their licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PeopleGrove Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

10. Links to Other Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by PeopleGrove.

PeopleGrove has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. A link to another party’s website does not mean that PeopleGrove endorses or accepts the content or use of the site or its privacy practices. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PeopleGrove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Service, we make no guarantees as to its correctness, completeness, or accuracy. The Service may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Service is inaccurate or unauthorized, please inform us by contacting us at the contact details provided in “Contact Us” section below.

12. Security

We implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information and to use the Service and your devices or applications in a secure and responsible manner. You, not PeopleGrove, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.

13. Termination

We, along with our Partners, may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.

TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLEGROVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

WITHOUT LIMITATION TO THE ABOVE, PEOPLEGROVE, OUR PARTNERS, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

PEOPLEGROVE IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEOPLEGROVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

You understand that PeopleGrove cannot guarantee that use of our Service will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our site for any reconstruction of any lost data.

15. Indemnification

You agree to defend, indemnify and hold harmless PeopleGrove, our Partners, our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

16. Waiver, Release, and Limitation of Liability

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PEOPLEGROVE, OUR PARTNERS, OUR LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), RESULTING FROM OR ARISING OUT OF A) YOUR USE AND ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT AND PASSWORD; B) A BREACH OF THESE TERMS, OR C) CONTENT POSTED ON THE SERVICE.

YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, PEOPLEGROVE, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE SERVICE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF PEOPLEGROVE, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF PEOPLEGROVE, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SERVICE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.

17. Governing Law

These Terms and your access to PeopleGrove’s Service shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions, except for the Dispute Resolution provision in Section 19 below.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

18. Severability and No Waiver

No waiver by PeopleGrove of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition, and any failure by PeopleGrove to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any part of these Terms of Service is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms of Service, and except as set forth in Section 19 (Dispute Resolution), all other parts of these Terms of Service are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms of Service with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

19. Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND PEOPLEGROVE CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

1. Agreement to Arbitrate and Jury Waiver. You and PeopleGrove mutually agree to resolve Disputes (as defined below) with PeopleGrove in arbitration, as set forth in more detail below. Both you and PeopleGrove waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Service, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Terms of Service, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against PeopleGrove employees related to the terms or conditions of their employment, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
2. Class Action Waiver. To the maximum extent allowed by applicable law, you and PeopleGrove agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and PeopleGrove each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
3. Pre-Arbitration Notice and Good Faith Negotiations. You and PeopleGrove also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by PeopleGrove will be sent to you at your last known street and e-mail addresses on file, and notice by you to PeopleGrove will be sent by mail to PeopleGrove’s Legal Department, Legal Department 1101 Wilson Blvd 6th Floor, Arlington, VA 22209, Attn: Chief Legal Officer. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and e-mail address used for access to the Service, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a PeopleGrove employee, as applicable, depending on which party is initiating the Dispute. You and PeopleGrove then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
4. Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service PeopleGrove or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the Service for the U.S. District Court for the Eastern District of Virginia (https://www.vaed.uscourts.gov/ ) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Arlington; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to PeopleGrove and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Service. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or PeopleGrove and only to the extent necessary to provide the relief warranted by your or PeopleGrove’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
5. Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Arlington. For individual damages claims with less than $25,000 at issue, PeopleGrove will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration PeopleGrove is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse PeopleGrove the other party for any amounts that other party paid for the arbitration.
6. Federal Arbitration Act. These Terms of Service affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Service.
7. Forum Selection. For any dispute not subject to arbitration, you and PeopleGrove agree to proceed in state and federal courts covering Eastern District of Virginia, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If PeopleGrove does not enforce any rights under these Terms of Service at any point, it will not be deemed a waiver of any provision or right under these Terms of Service.

20. Limitation of Time to File Claims

Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

 

21. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days notice via email prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

22. Contact Us

If you have any questions about these Terms, please contact us at support@peoplegrove.com.