Render User Agreement

EFFECTIVE DATE: JUNE 7, 2024

This agreement contains an arbitration provision (Section 6) that affects your rights under this Agreement. Except for certain types of disputes mentioned in Section 6, you and CZI agree that (1) disputes between us will be resolved by individual binding arbitration, and (2) you and CZI waive any right to participate in a class-action lawsuit, class-wide arbitration, or any other representative action.

Introduction

Welcome! Render is the education technology innovation studio within the Chan Zuckerberg Initiative (“CZI,””we,” “us,” and “our”). Our Education team of designers, engineers, and researchers work directly with teachers and school leaders early and often in the product development process, incorporating their unique insights about learning to co-build impactful educational tools.

Please read this User Agreement (“Agreement”) before participating in Render. The Agreement includes our Data Privacy Addendum (as applicable) and Community Guidelines, both incorporated by reference. By participating in Render, you accept this Agreement and agree to be legally bound by it.

The Agreement becomes effective as of the date you first accept it (whether via an online click-through, a signed agreement such as our Consent Form, or by accessing a Render tool) (the “Effective Date”).

Please review our Privacy Policy, Website Privacy Notice, and Cookie Policy which describe our use of your personal information.

01

Render Basics

1.1 What is Render

As an educational technology innovation studio, Render offers co-building opportunities between educators, partner organizations, and education software developers. Co-building opportunities mean one or more of the following: research interview(s); survey(s); user experience research session(s); beta testing or pilot(s) of a Render tool; and/or other similar research or activities. Co-building opportunities can be remote or in-person. A Render tool is a digital educational product or feature under development that may be presented or accessed during a co-building opportunity.

You can learn more about our co-building opportunities and sign up to participate on our website (“Website”) or by invitation to use a Render tool.

1.2 Who can participate

To participate in a Render co-building opportunity, you must meet one of the following qualifications. You may participate as a US resident and educator (“Educator”). To participate as a student (“Student”), either (a) the Student’s parent or legal guardian (“Caregiver”) must provide prior written consent; or (b) an Educator or other authorized school personnel (“School Leader”) must obtain prior written consent from the Student’s educational institution (“School”) for School use as described in Section 1.3. Finally, you can participate as a partner organization engaged in education-related research and development (“Partner”).

School Leaders, Educators, Students, and Caregivers are collectively called “Co-Builders.”  Individuals who may be invited to participate in a co-building opportunity are called Prospective Co-Builders  (Prospective Co-Builders and Co-Builders together are “Participants”). As used in this Agreement, “you” and “your” refer to you as a Participant. In all cases, Render will qualify and invite Participants to co-building opportunities (or ask Partners to recruit Prospective Co-Builders).

You acknowledge and agree your participation as a Co-Builder is in compliance with any and all applicable laws. If you do not agree with the Agreement, please do not sign up for or participate in co-building opportunities with Render.

Summary:

The Agreement applies to any co-builders who participate in Render. By participating in Render, you agree to the Agreement, which includes the Data Privacy Addendum and Community Guidelines. You confirm that you have the authority to agree to the Agreement (and if on behalf of your educational institution, then you have or will obtain the appropriate authorization).

1.3 How Schools can Participate

If you are an Educator or School Leader who would like for your School to participate in Render, the following terms apply to you:

  • 1.3.1 School Leader Authorization. If you are a School Leader, you represent that you have the authority to bind your School to this Agreement, in which case the terms “you” or “your” shall refer to such School. If you are an Educator, you represent that you have obtained such authorization from your School Leader (and can provide proof of such authorization upon request). If you do not have such authority or if you do not agree with these terms and conditions, you must not accept the Agreement and may not participate in Render.
  • 1.3.2 Limitations On Use. Render is provided to you for educational purposes. You must use and participate in Render in compliance with all applicable laws, rules, and regulations, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and the US Children’s Online Privacy Protection Act (COPPA). You are responsible for determining that your use of Render is permitted by your School and any applicable school district and/or school policies. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of Render.
  • 1.3.3 Privacy and Security. You acknowledge and agree that, to the extent necessary to provide Render and fulfill its duties as outlined in this Agreement, CZI may receive, collect, and process student “Education Records” and/or “Personally Identifiable Information” as a “School Official” with a legitimate educational interest under FERPA (as those terms are defined in FERPA). CZI acknowledges and agrees that ownership of such records and/or information will remain with the School, Caregiver, and/or Student, as applicable. We never sell or rent Students’ personal information, including for targeted advertising.
  • 1.3.4 Notice to Educators and Caregivers about COPPA and Parental Consent. Under COPPA, online service providers must provide parental notification and obtain verifiable parental consent before collecting personal information from children under 13 years of age, except in limited situations. While COPPA does not apply to nonprofit organizations like CZI, we have chosen to inform our practices with COPPA. 

    As described in our Privacy Policy and Direct Notice to Educational Institutions, CZI may collect certain personal information such as a Student’s first and last name and email address for the benefit of the School in terms of the Student’s participation in Render through School, and for no other commercial purpose. CZI will not collect personal information from a child under 13 years of age unless the child’s Caregiver has given consent or School has provided consent on behalf of Caregivers as described below. If such personal information is collected without Caregiver consent or collected beyond the scope needed for participation in Render, and if we become aware of such information, we will delete it within thirty (30) days of such awareness or as directed by applicable law, or seek to obtain the appropriate consent to keep it, if permitted by applicable law and if it is reasonably necessary for the Render co-building opportunities.If you believe that information from a Student under 13 years of age has been provided in violation of these terms, please contact us at privacy@buildwithrender.org.We provide Schools copies of our Privacy Policy and Direct Notice to Educational Institutions. We encourage you to provide Caregivers a copy of our Privacy Policy, which explains the types of personal information CZI may collect, and a copy of our Direct Notice to Educational Institutions.

    If you are a School Leader or Educator authorized to enter into this agreement by your School Leader, you authorize CZI to collect, use, and disclose Students’ personal information according to this Privacy Policy and Direct Notice to Educational Institutions on behalf of Caregivers, and you acknowledge that CZI can presume that School’s authorization for the collection of Students’ personal information is based upon you having obtained Caregivers’ consent (and given the Privacy Policy and Direct Notice to Educational Institutions).

Summary:

A school can participate in Render provided you have the authority to accept this Agreement. In that case, Render collects personal information for educational purposes only and to facilitate participation in Render co-building opportunities. A student’s caregiver must receive a copy of our Privacy Policy in order for that student to participate in co-building with us.

1.4 When and How Updates Happen

The Agreement is effective as of the Effective Date above (or if required by law, after notice to you). We may modify the Agreement from time to time. Except as otherwise provided in this Agreement, if we make material changes to the Agreement, including changes that impair your rights, we will provide you at least 30 days prior notice pursuant to this Section. We will seek to provide you notice through Render, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. The notice will indicate which sections contain material modifications and what choices you may have. Your continued participation in Render after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms following their “effective date.” If you object to any changes, you must stop participating in Render. If we make any changes to this Agreement, you can request a copy of the prior version(s) by contacting us at privacy@buildwithrender.org.

Summary:

We may make changes to this Agreement as we improve or add more features. When we make material changes to the Agreement that may impair your rights, we will notify you. Your continued use will be under the new terms.

02

What Co-Builders Can Expect When Participating

Depending on the type of co-building opportunity, Co-Builders may need to take additional actions.

2.1 Co-building Opportunity Consent Form

For certain co-building opportunities, you may need to read and sign a consent form (“Consent Form”). The Consent Form will describe additional details about the co-building opportunity, including its duration, scope, specific data collection and processing (if any), and other key terms.

2.2 Co-building opportunity with a Render tool

If your co-building opportunity involves a Render tool, you may access the Render tool through certain third party platforms or authorization services such as Google or Microsoft (each an “Authorization Service”). By accessing a Render tool using (or otherwise granting access to) an Authorization Service, you agree that Render may access your Authorization Service’s account information for the limited purpose of authenticating you before you can access a Render tool (i.e., single-sign on or SSO). You understand and acknowledge that we may store and use certain information already associated with the Authorization Service consistent with our Privacy Policy. You also agree to any and all terms and conditions of the Authorization Service regarding your use of a Render tool via the Authorization Service.

You may revoke our access to a Render tool on any Authorization Service at any time by updating the appropriate account settings of the respective Authorization Service. You should check your account settings on each Authorization Service to understand the information sent to us through each Authorization Service, and any changes you can make in those account settings. You agree that any Authorization Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Authorization Service as a result of accessing a Render tool through the Authorization Service. CZI does not control the practices of Authorization Services, and you are advised to read the privacy policy and terms and conditions of any Authorization Service that you use to understand their practices. You will keep your Authorization Service credentials confidential and be responsible for all of your access to a Render tool. If you suspect any unauthorized access, please contact us at security@buildwithrender.org.

Please note that some of our co-building opportunities and Render tools may include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that data is governed by their privacy statements.

For as long as you access a Render tool, you acknowledge and agree that we may be able to collect certain personal information. Please review the Render Privacy Policy for information about the personal information we collect and how we use and disclose that personal information.

2.3 Limitations of Render tool access

Since a Render tool is still under development, it may contain errors. In addition to the disclaimers below, you agree that Render tools and any data we provide you in connection with your access to the Render tool are provided “AS IS” and “AS AVAILABLE.” We may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Render tool (or any portion thereof) at any time and in our sole discretion, with or without notice to you.

In addition, by participating in a co-building opportunity or accessing a Render tool, you agree you will not:

  • Infringe on our or any third party’s intellectual property or other proprietary personal or legal rights;
  • Obtain or attempt to obtain unauthorized access to our systems, materials or information;
  • Impersonate another Co-Builder, misrepresent your affiliation with a person or entity, or attempt to hide your identity;
  • Upload, post or otherwise transmit derogatory, harmful, abusive, defamatory or unlawful content, content that is invasive of another’s privacy or otherwise objectionable or commercial in nature, or violate our Community Guidelines;
  • Participate in Render in any manner that could damage, disable, impair or overburden Render;
  • Reproduce, rent, sell, modify, translate, decompile, disassemble, reverse engineer or create derivative works of Render; or
  • Circumvent or disable any security or technological features or measures that protect Render.
Summary:

By accessing a Render tool, you agree to protect the security of your Authorization Service credentials, to notify us of any unauthorized access, and to follow the law and this Agreement.

2.4 Feedback and confidentiality

During all co-building opportunities, you will be invited to provide suggestions, comments, ideas, or reports about the co-building opportunity (collectively, your “Feedback”). You will use reasonable efforts to provide your Feedback on a timely basis or as otherwise agreed between you and us in writing (email is okay). You agree not to disclose Feedback to any third party. You assign to us all right, title, and interest in and to any Feedback, without any right to compensation or other obligation from us or, if such assignment is not permitted by law, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use all Feedback.

You agree that Feedback is confidential, as well as any and all information disclosed to us by you, or accessed or provided by you, relating to Render, including your use of and/or participation in Render (“Confidential Information”). You agree that you: (a) will not use any Confidential Information other than as necessary to participate in Render under this Agreement; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity. You will not make any public announcements related to Render without our prior written approval, which we may grant or withhold in our sole discretion.

2.5 Philanthropic Purposes and Thank You Gifts

CZI is a philanthropic organization and as such, Render is provided for philanthropic purposes only. There are no features related to purchasing goods and services included in Render.

In appreciation of Co-Builders’ time and efforts, we may provide a thank you gift. You will be notified prior to starting a co-building opportunity whether the opportunity is eligible for a thank you gift. Thank you gifts are subject to limitations, and not all Co-Builders will receive a thank-you gift. Applicable laws, district policies, or school policies may restrict your ability to receive this gift and/or require you to disclose its value. You are solely responsible for compliance with such laws and policies.

Summary:

Render is provided for philanthropic purposes only. We never rent or sell student personal information, and we will not sell you anything through Render. We may offer a thank you gift for your participation, but if we do, you are responsible for determining whether you may receive such a gift and/or disclosing its value.

2.6 Notices and Messages

You agree that we can provide notices and messages to you (and your school, if applicable) related to Render in the following ways: (1) within Render tools, if applicable, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please see our Privacy Policy for more information on how we may contact you and how you may unsubscribe from these communications.

Summary:

We may send you notices and messages about Render, either through a Render tool or through the contact information you have provided. To keep you informed, we will need you to keep your contact information up to date.

2.7 Community Guidelines

You agree to follow our Community Guidelines when participating in Render. These are rules that we’ve created to help maintain Render as a safe space for Co-Builders.

Summary:

Safety is a shared responsibility. By participating in Render co-building opportunities, you agree to follow our Community Guidelines which help us keep Render a safe space for Co-Builders.

03

Rights and Limits

3.1 Your License to Us

As between you and us, we retain the exclusive ownership of each Render co-building opportunity and Render tool. Unless set out otherwise in a separate agreement, we own the content and information, including Feedback, that you submit or provide.

However, we are limited in the following ways when we own and use the content and information, including Feedback:

  1. If we agree in writing to additional restrictions on use with regard to any Feedback, information, and content in the context of our collection of it, we will honor those limits.
  2. We will not include your personal information or content in advertisements for the products and services of third parties to others without obtaining prior written consent.
  3. We will ask for your additional consent if we want to publish or give others the right to publish your content and/or personal information beyond Render. However, we can publish the results of our co-building opportunities and/or Render tool work so long as personal information is deleted and/or de-identified.
  4. By submitting suggestions or other Feedback related to Render to us, you agree that we can (but do not have to) use and share such Feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect Feedback.
  5. If content includes personal information, it is subject to our Privacy Policy.
  6. If this Agreement terminates under the terms of Section 5, or if you request that your content and/or Feedback be deleted pursuant to a privacy right, then we will honor that right as described in our Privacy Policy.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights and privacy rights).

Summary:

Render retains ownership of all co-building opportunities and tools unless specified otherwise in a separate agreement. We are limited in how we use the content and information shared by you through your co-building engagements with us. For any personal information, the terms of our Privacy Policy explain how we restrict our use and keep the information secure.

3.2 Service Change and Availability

We may change, suspend, or end any aspect of Render at our discretion. To the extent allowed under law, the changes will be effective without notice. If they are material changes, they will be effective upon notice provided to you directly or through Render. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law, or as otherwise provided in the Agreement.

Summary:

We are constantly working to improve Render for teachers and students, and we have the right to change or suspend features at any time. For any material changes to this Agreement, we will notify you before they take effect.

3.3 Limits

Besides what has been described in this Agreement, we reserve the right to limit your participation in Render. If we believe that you may be in breach of this Agreement, the law, or are misusing Render (such as violating the Community Guidelines), we reserve the right to temporarily or permanently restrict, suspend, or terminate your participation and/or access to Render. If you believe your participation and/or access to Render has been wrongfully terminated or restricted, contact us using the contact information provided in Section 9 below.

Summary:

Trust and safety is our top priority. If we believe you are in violation of this Agreement or Community Guidelines, we have the right to change or limit your participation or access.

3.4 Intellectual Property Rights

Subject to this Agreement, we grant you a limited right to participate in Render, and we reserve all of our intellectual property rights and other proprietary rights in Render. Participating in co-building opportunities do not give you any right, title, or interest in them or Render, or the content or information made available through Render that is not already yours. Trademarks and logos used in connection with Render are the trademarks of their respective owners. Our logos and other trademarks, service marks, graphics, and logos used for Render are trademarks or registered trademarks of ours or our licensors. Finally, CZI reserves all rights not expressly granted to Participants regarding Feedback, co-building opportunities, and Render tools.

Summary:

We reserve all of our intellectual property rights, including trademarks and logos within Render.

04

4. Disclaimer and Limit of Liability

4.1 No Warranty

Render includes the ability to test Render tools to provide commentary, suggestions, and relevant feedback about your experience. You may encounter bugs in  Render tools. The Render tools likely contain errors, omissions, bugs, and their function may be interrupted. TO THE EXTENT ALLOWED UNDER LAW, WE (AND OUR SERVICE PROVIDERS AND LICENSORS) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT THE DATA IS ACCURATE OR COMPLETE); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES OR AMENDS THIS CONTRACT), WE (AND OUR SERVICE PROVIDERS) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION OR GOODWILL, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL CZI’S LIABILITY (AND THE LIABILITY OF OUR SERVICE PROVIDERS AND/OR LICENSORS), INCLUDING DIRECT DAMAGES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED DOLLARS ($100).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE AND OUR SERVICE PROVIDERS AND/OR LICENSORS HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

THE LAWS IN SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER U.S. STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE LIMITATIONS IN SECTION 4 SPECIFICALLY DO APPLY TO YOU.

4.3 Third-Party Sites, Products and Services; Links

Render may include links or references to other web sites or services solely as a convenience to Co-Builders (such as Authorization Services like Google SSO) (“Reference Sites”). Render does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Use of any Reference Sites are subject to the terms and privacy policies of those sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.

Summary:

If legally permitted, you limit our liability for all damages to $100, and accept Render as is, and without warranties.

05

Termination

The term of this Agreement will begin on the Effective Date and will continue until the earlier of: (i) the date specified by us in our sole discretion (after which you will cease participation in Render), (ii) the date we (in our sole discretion) make a Render tool generally publicly available (after which any permitted access is subject to the Render tool’s terms and conditions and not this Agreement), or (iii) the date we discontinue such Render tool.

Unless otherwise set forth in writing, this Agreement, as applied to each co-building opportunity and Render tool, may be terminated by either party at any time with notice to the other. On termination, you will no longer have the right to participate in Render (including accessing a Render tool). The following shall survive termination:

  • Our rights to use and process your content and Feedback related to Render;
  • Sections 2.4, 3, 4, 5, 6, 7, 8, and 9
Summary:

We both have the right to terminate this agreement at any time.

06

Arbitration Agreement and Class Action Waiver

THIS SECTION CONSTITUTES AN ARBITRATION AGREEMENT (“Arbitration Agreement”). IT REQUIRES YOU AND CZI TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, SO PLEASE READ IT CAREFULLY.

6.1 Applicability

In the unlikely event we end up in a legal dispute, you and CZI agree that all Disputes, including Enforceability Disputes, will be resolved exclusively in binding arbitration on an individual basis, except that you and CZI are not required to arbitrate IP Disputes. Notwithstanding the foregoing, either you or CZI may bring an individual action in small claims court.

  • (1) A “Dispute” means a dispute, claim or controversy arising out of or relating to Render or this Agreement; or whether that dispute is (1) based on past, present or future events; and (2) in tort, contract, warranty, state, regulation, or other legal or equitable basis.
  • (2) An “Enforceability Dispute” means a Dispute relating to the interpretation, applicability, or enforceability of this Arbitration Agreement, including the formation of the contract, the arbitrability of any Dispute, and any claim that all or any part of this agreement is void or voidable.
  • (3) An “IP Dispute” means a Dispute relating to the ownership or enforcement of intellectual property rights.

 

6.2 Waivers
  • (1) Waiver of Jury Right.  YOU AND CZI ARE EXPRESSLY GIVING UP ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT. The arbitrator’s decision will be final and binding on both you and us, subject to review solely on the grounds set forth in the Federal Arbitration Act (“FAA”).
  • (2) Waiver of Class or Consolidated Actions. YOU AND CZI AGREE THAT ALL DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. The validity of this waiver –  and whether an action may proceed as a class, collective, or representative action – must be decided by a court.

 

6.3 Initiating a Dispute

To initiate a Dispute, a party must send to the other party written notice of that Dispute containing: (a) the name, address, and contact information of the party giving notice; (b) the facts giving rise to the Dispute; and (c) the relief requested. Notices sent to CZI must be sent by mail to the address provided in Section 9 below.

You and we agree that the parties shall (in good faith) meet and attempt to resolve the Dispute within 30 days. If the Dispute is not resolved during that time period, then you and a representative of CZI shall (in good faith) meet and attempt to resolve the Dispute through non-binding mediation with a mutually agreed-upon mediator within 30 additional days. If you and we do not reach an agreement to resolve the dispute within that 60-day period, you or we may commence an arbitration proceeding or file a claim in small claims court.

6.4 Arbitration Rules and Procedure
  • (1) Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Judicial Arbitration & Mediation Services, Inc. (“JAMS”) will administer the arbitration before a single arbitrator, and the arbitration will be initiated and conducted according to the Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), to the extent they are not inconsistent with the terms of this Arbitration Agreement. The JAMS Rules and instructions about how to initiate an arbitration are available at https://www.jamsadr.com/rules-streamlined-arbitration (as of the date of this agreement) or 1-800-352-5267.
  • (2) Fees. Pursuant to the JAMS Consumer Arbitration Minimum Standards, CZI will bear all costs of the arbitration (including any JAMS Case Management Fee and all professional fees for the arbitrator’s services), except for the filing fee if you are the party initiating the arbitration.
  • (3) Manner and Location of Arbitration. You may choose to have the arbitration conducted by telephone, in writing, online, or in person. If in person, you may choose to have the arbitration conducted (a) in San Mateo County, California, (b) in the county where you live, or (c) at another location that you and we agree upon.

 

6.5 Opt out

You may opt out of this Arbitration Agreement by notifying us no later than 30 days after first becoming subject to it. Your notice must include your name, address, and a clear statement that you want to opt out of this Arbitration Agreement. Notices sent to CZI must be sent by mail to the address provided in Section 9 of this Agreement.

6.6 Severability

If any portion of this Arbitration Agreement is found to be unlawful, void or for any reason unenforceable, then that portion shall be severed and the remainder of this Arbitration Agreement shall be given full force and effect.

Summary:

You agree that any disputes will be resolved through arbitration and only on an individual basis, in which case you agree to waive your right to a jury trial, a court trial before a judge, or to participate in a class action lawsuit. To initiate a dispute, a written notice must be sent to the other party.

07

General Terms

7.1 Governing Law

The Agreement and any Dispute between you and CZI will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) without regard to its choice of law or conflicts of law principles, unless the party is a school, meaning a United States public and accredited educational institution, in which case any Disputes will be resolved using the laws of the state (within the United States) in which the school is domiciled and/or applicable federal law (including the Federal Arbitration Act), excluding conflicts of law rules.

7.2 Jurisdiction and Venue

Subject to and without waiver of the arbitration provisions in Section 6, you agree that any judicial proceedings (other than small claims actions) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the city and county of San Mateo, California, or federal court for the Northern District of California.

7.3 Severability

If any portion of this Agreement is found to be unenforceable, you and we agree that the terms will be modified to make that part enforceable while still achieving its intent. If that is not possible, then the unenforceable part will be severed and the rest of this Agreement enforced.

7.4 Entire Agreement

To the extent allowed by law, the English language version of the Agreement is binding and other translations (if made available) are for convenience only. The Agreement (including any Data Privacy Addendum and the Community Guidelines,) is the only agreement between you and us regarding Render and supersedes all other related oral or written agreements or policies. The Agreement shall govern the relationship between you and CZI. If there is a conflict between the Agreement and any other agreement between you and CZI, this Agreement shall apply and take precedence unless specifically provided otherwise in a written agreement signed by an authorized CZI representative.

7.5 No Waiver

If we don’t act to enforce a breach of this Agreement, that does not mean that we have waived our right to enforce the Agreement. Any waiver by us must be in writing.

7.6 Assignment

You may not assign or transfer this Agreement (or your participation in Render) to anyone without our consent. However, you agree that CZI may assign this agreement in connection with a reorganization, or to a successor or assign or affiliate that agrees to assume our obligations under the Agreement (and Privacy Policy) without your consent. There are no third-party beneficiaries to this Agreement.

7.7 Notices

You agree the only way to provide us legal notice is at the address provided in Section 9 below.

Summary:

The Agreement and any disputes are governed by California law, and any judicial proceedings will take place in the city and county of San Mateo, California. If your school is a United States public school outside of California disputes will be resolved using the laws of your school’s state. If any part of the Agreement is found to be unenforceable, it will be modified to be enforceable. If that isn’t possible, the unenforceable part will be removed, but the rest of the Agreement will be enforced. You cannot transfer your participation in Render (the Agreement) without our consent. CZI can assign the Agreement to a successor, who will assume our obligations, without your consent. Any legal notices must be mailed to our address, provided in Section 9.

08

Complaints Regarding Content (DMCA)

We respect the intellectual property rights of others. We require that content posted by Co-Builders does not violate the intellectual property rights of third parties. Please see our Digital Millennium Copyright Act (DMCA) Notification Guidelines for more information. If you believe your intellectual property rights have been violated through Render, information on how to contact us is available in our DMCA Notification Guidelines.

Summary:

We respect your intellectual property rights. If you believe any of your intellectual property rights have been violated through Render, please find information on how to contact us in our DMCA Notification Guidelines.

09

How To Contact Us

If you have any questions about this Agreement, our Privacy Policy, our Cookie Policy, Community Guidelines, or our practices, please contact privacy@buildwithrender.org. To report unauthorized access to a Render tool, please contact security@buildwithrender.org.

You can learn more about CZI on our website. You can also reach us by mail at

Chan Zuckerberg Initiative
Attn: General Counsel
801 Jefferson Ave
Redwood City, CA 94063

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Privacy and Security

Your privacy is extremely important to us, and we limit what we collect and how we use it. Please read our Privacy Policy, Cookie Policy, and, if you are participating in Render in connection with a School, our Data Privacy Addendum which explains how we treat and protect personal information when you participate in Render. To learn about our security posture, please review our Security Overview. By participating in Render, you acknowledge that you have read and understand our Privacy Policy and Cookie Policy.

Summary:

Your privacy is extremely important to us. In addition to this Agreement, we encourage you to read our Privacy Policy and Data Privacy Addendum.

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