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onedegree.com is a world wide website that connects you with the alumni, friends and family of the university that means the most to you. onedegree.com is operated by onedegree llc and its corporate affiliates (together, “onedegree"). All references to “onedegree.com” or “the website” in these provisions shall mean www.onedegree.com. By accessing or using onedegree.com or any of onedegree’s services, you signify that you have read, understand and agree to be bound by these terms of use ("Terms of Use" or "Agreement"), whether or not you are a registered user of the website. onedegree reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notice. If it does this, it will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued access of onedegree.com or any of onedegree’s services after any such changes constitutes your acceptance of the Terms of Use as amended as of the date indicated. If you do not agree to abide by these Terms of Use as amended in the future, you must not use or access (or continue to use or access) onedegree.com or any services provided by onedegree. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND AN ARBITRATION PROVISION THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Registration as a user of onedegree.com is void where prohibited. onedegree.com is intended solely for individuals who are eighteen years of age or older or who are under 18 and are currently enrolled or have been accepted for enrollment at a university which is featured on the website. Any registration by, use of or access to the website by anyone who does not meet the above age requirements is unintended by onedegree and is unauthorized, unlicensed and in violation of these Terms of Use. By using onedegree’s services or the website, you represent and warrant that you are 18 years old or older or otherwise meet the requirements above, and that you agree to abide by all of the terms and conditions of this Agreement.

Only natural persons may register to be users of the website and users may only have one account on the website.

Registration Data; Account Security

In consideration of your use of the website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website("Registration Data"); (b) maintain the security of your password and identification; (c) promptly update the Registration Data, and any other information you provide to onedegree, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Website Content; Limited License

All website content, as defined below, which is subject to copyright or is a trademark or servicemark owned by someone else is used by onedegree only with the permission of that person. All other content on the website and available through onedegree’s services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of onedegree, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without onedegree’s prior written permission, except that the above limitation does not apply to Site Content which you create and you legally post on the website.

Provided that you are eligible for use of the website, you are granted a limited license to access and use the website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark or other proprietary notices intact. Except for your own content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or other data gathering or extraction methods. Any use of the website or the Site Content other than as specifically authorized herein without the prior written permission of onedegree is strictly prohibited and will terminate the license granted to you by this provision. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and without cause.

Trademarks

The name onedegree, the onedegree logo and other onedegree graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of onedegree in the U.S. and/or other countries. onedegree's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of onedegree.

User Conduct

You understand that except for advertising programs offered by onedegree on the website (e.g., flyers, banners, sweepstakes, etc.), onedegree’s services and the website are made available by onedegree for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through onedegree’s services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. onedegree shall not be required to investigate whether any content which you post on the website infringes any proprietary right in it is owned by someone else or otherwise violates the rights of another person.

In addition, you agree not to use onedegree’s services or the website to:

harvest or collect email addresses or other contact information of other users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use onedegree’s services or the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
use automated scripts to collect information from or otherwise interact with onedegree’s services or the website;
upload, post, transmit, share, store or otherwise make available any content that onedegree deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
register for more than one website user account, register for a website user account on behalf of an individual other than yourself, or register for a website user account on behalf of any group or entity;
impersonate any person or entity other than yourself, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the website any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes or other purposes in violation of these Terms of Use;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate, harass or bully another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability for any other person, including onedegree, or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from onedegree, or create a false identity on the website.
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of onedegree, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose onedegree or users to any harm or liability of any type.
fraudulently obtain unearned points under the onedegree Points Awards Program.

Without limiting any of the foregoing, you also agree to abide by onedegree’s User Conduct Rules covering the behavior expected of users while on the website or using onedegree’s services and is incorporated into these Terms of Use by this reference.

User Content Posted on the Website

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information and other content that you upload, publish or display (hereinafter, "post") on or through the use of onedegree’s services or the website, or transmit to or share with other users (collectively, "User Content"). You may not post, transmit, or share User Content on the website or through the use of onedegree’s services that you did not create or that you do not have permission to post. You understand and agree that onedegree may, but is not obligated to, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of onedgree violates this Agreement or the onedegree User Conduct Rules, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the website or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the website or provide to onedegree.

When you post User Content to the website, you authorize onedegree to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to onedegree an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that onedegree may retain archived copies of your User Content. onedegree does not assert any ownership over your User Content; rather, as between it and you, subject to the rights granted to onedegree in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Published Profiles

From time to time, onedegree will publish profiles of individuals connected with your university on the website. All information provided in such profiles will be taken only from public sources, and will never contain that person’s restricted personal information provided by that person to onedegree as a user of the website unless such information is already in the public domain or is otherwise authorized to be so used by that person.

Copyright Complaints

onedegree prohibits users from uploading, posting or otherwise transmitting on the website or through onedegree’s services any materials that violate another person's intellectual property rights. When onedegree receives proper Notification of Alleged Copyright Infringement as described below, onedegree promptly removes or disables access to the allegedly infringing material and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the website infringes upon any copyright which you own or control, you may send a written notification of such infringement to onedegree’s Designated Agent.

If you believe that your own copyrighted work is accessible on the website or through onedegree services in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/item1_qjofkrns123." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
Identify the URL or other specific location on the website or in the onedegree service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide onedegree with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontent.com/ item2_hjdsi899."
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Include 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.
Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number and email address.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by fax, mail, or E-Mail as set forth below.

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the website and/or received through onedegree services is infringes a copyright. Filing a false notification may constitute fraud and/or perjury.

Upon receiving a proper Notification of Alleged Copyright Infringement as described above, onedegree will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. It will also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material. If you believe your own copyrighted material has been removed from onedegree.com and/or as part of onedegree’s services as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, it must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
Your name, address and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.

If you send onedegree a valid written Counter Notification meeting the requirements described above, it will restore your removed or disabled material after 10 business days but no later than 14 business days from the date it receives your Counter Notification, unless its Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification may constitute fraud and/or perjury.

You may submit your Notification of Alleged Copyright Infringement or Counter Notification by sending it to our Designated Agent by fax, mail, or E-Mail as follows:

Designated Copyright Agent
onedegree llc
c/o Perkins Coie LLP
131 South Dearborn Street
Suite 1700
Chicago, Illinois 60603
Phone: (312) 324-8535
Fax: (312) 324-9535
E-Mail: support@onedegree.com

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, onedegree has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of users of the website and onedegree’s services who are deemed to be repeat infringers. onedegree may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The website contains (or you may be sent through the website ) links to other web sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by onedegree, and onedegree is not responsible for any Third Party Content accessed through the website or posted on, available through or installed from the website, including content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of third parties or contained one their websites. Inclusion of, linking to or otherwise making availabe any Third Party Content does not imply approval or endorsement thereof by onedegree. If you decide to leave the website and access the websites of third parties, you do so at your own risk and you should be aware that onedegree’s terms and policies no longer govern your use of such sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website.

User Communications

The website creates a network by which you can send messages to other users. All of your communications to others on or through the website for any purpose, including personal or employment matters, etc., will be governed by these Terms of Use and by onedegree’s User Conduct Rules.

Disputes Between Users

You are solely responsible for your interactions with other onedegree users. onedegree reserves the right, but has no obligation, to monitor disputes between you and other users.

Privacy

onedegree cares about the privacy of users of the website and its services. For more information on this subject please review onedegree’s Privacy Policy page on the website. By using the website or onedegree’s services, you consent to have your personal data uploaded by you to the website transferred to and processed in the United States.

Points Program

onedegree provides onedegree.com users with a program under which they can accumulate points for engaging in various activities through the website, such as participating in university-related projects, referring other users to onedegree.com, etc. The points which can be earned for different activities, the items and services for which they can be redeemed and the terms and conditions of onedegree’s Points Program can be found respectively at the Points Schedule and Points Program pages on the website. In addition to the rules found on the Points Program web page, participation in the program is subject to these Terms of Use.

From time to time, to promote participation in university activities, onedegree may also sponsor sweepstakes or similar events in which onedegree.com users will be eligible to register to win school memorabilia and other prizes. No purchase will be necessary to do so. Prize awards may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt of sweepstakes prizes is the responsibility of the user. onedegree may substitute prizes of comparable value in its sole discretion. Such sweepstakes events are conducted only subject to applicable law and are void where prohibited.

Disclaimers

onedegree is not responsible or liable in any manner for any User Content or other content posted on the website or in connection with the Service, whether posted or caused by users of the website, by onedegree, by third parties or by any of the equipment or programming associated with or utilized in the website or the Service. Although onedegree provides rules for user conduct and postings, it does not control and is not responsible for what users post, transmit or share on the website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the website or in connection with any User Content. While onedegree will do whatever it reasonably can on its website to limit the impact of the behavior of users of its website or services which violates its Terms of Use, User Conduct Rules or Privacy Policy, onedegree will not be liable for the conduct, whether online or offline, of any user of the website or onedegree services.

The website and onedegree’s services may be temporarily unavailable from time to time for maintenance or other reasons. onedegree assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. onedegree is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with onedegree’s services. Under no circumstances will onedegree be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the website or onedegree’s services, any User Content or Third Party Content posted on or through the website or onedegree’s services or transmitted to users, or any interactions between users of the website, whether online or offline.

THE WEBSITE, ONEDEGREE’S SERVICES AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND ONEDGREE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ONEDEGREE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR ONEDEGREE’S SERVICES. ONEDEGREE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE OR PROVIDED THROUGH ONEDEGREE’S SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR ONEDEGREE’S SERVICES,OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM THE WEBSITE OR THROUGH ONEDEGREE’S SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

ondegree reserves the right to change any and all content, software and other items used on or provided through the website or onedegree’s services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by onedegree.

Limitation on Liability

IN NO EVENT WILL ONEDEGREE, ITS MEMBERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE WEBSITE OR ONEDEGREE’S SERVICES, OR ANY SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF ONEDEGREE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONEDEGREE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ONEDEGREE FOR ITS SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ONEDEGREE, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

onedegree may terminate your membership, delete your profile and any content or information that you have posted on the website and/or prohibit you from using or accessing onedegree’s services or the website (or any portion, aspect or feature of any of the foregoing) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under the age of 18 years, or under 18 and not accepted for enrollment in a university appearing on the website. When onedegree is notified that a user has died, onedegree will generally, but is not obligated to, keep the user's account active under a special memorialized status for a period of time determined by onedegree to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction

By visiting or using the website and/or onedegree’s services, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and onedegree or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the federal court of the Northern District of Illinois, Eastern Division, or the Circuit Court of Cook County, Illinois, and you hereby consent to and waive all defenses of lack of personal jurisdiction or forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of the State of Illinois.

Arbitration

YOU AND ONEDEGREE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE WEBSITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE WEBSITE AND/OR ONEDEGREE’S SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR ONEDEGREE’S SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either you or onedegree has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in onedegree’s User Conduct Rules, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the onedegree Marketplace may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be within the Metropolitan Area of the City of Chicago, Illinois, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, onedegree will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the website and/or onedegree’s services (including your visit to or use of the website and/or such services) be instituted more than two (2) years after the cause of action arose.

Indemnity

You agree to indemnify and hold onedegree, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through the website, your use of onedegree’s services or the website, your conduct in connection with onedegree’s services or the website or with other users of onedegree’s services or the website, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or onedegree’s services ("Submissions"), provided by you to onedegree are not confidential and shall become the sole property of onedegree. onedegree shall own exclusively all rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and onedgree regarding the use of the website and/or onedegree’s services, superseding any prior agreements between you and it relating to your use of the website or such services. The failure of onedegree to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of Terms of Use is held invalid, the remainder of them shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please visit onedegree’s Help page or use the following links for more specific information on subjects covered above.