Yearbook+

Terms of Use

Last updated: September 7, 2021

The Yearbook+ web application ("App") is owned and operated by Jostens, Inc. ("Jostens," "we," "our," or "us"). These Terms of Use ("Terms") provide information about the App and suggestions on the best way to use it.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE APP IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE APP IF YOU VIOLATE THESE TERMS. CLICKING ON AN "I ACCEPT" BUTTON OR OTHERWISE USING THE APP CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP.

For Québec consumers (as defined under the Québec consumer protection act), please see the section entitled “Terms Applicable to Quebec Consumers” at the end of these terms. These Terms are to be read as amended by such section, if required by law.  

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

We may make changes to the content available on the App at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the App. By using the App after we have updated the Terms, you are agreeing to the then-current Terms.

Though not part of these Terms, to learn more about the personal information we collect through your use of the App and how we protect that information, please visit our Yearbook+ Privacy Policy.

  1. Shared Purpose

Jostens has created Yearbook+ ("YBK+") to provide an interactive experience that allows all students or their parents and guardians to contribute content to their yearbook. Our intent is to build an inclusive, interactive experience that allows each student to shine, share memories, and spread joy. Jostens is so excited that you are participating in YBK+, and looks forward to building a better experience for you as we learn and YBK+ continues to improve. Core to our principles and values, YBK+ cannot and will not be used to intimidate, exclude, bully, foster exclusivity or spread hate. By signing up for YBK+, you agree that you will not use YBK+ for any of these purposes, and you will instead use YBK+ to promote and provide positivity. Working together, we can build an inclusive, interactive, modern Yearbook experience for all students.

  1. What You Do (and Don’t Do)
    1. Accessing the App
      • High school students may access the Contribute experience (and only one account) to use YBK+. If a student is in middle school or elementary school, only a parent or guardian of a student may create an account (and only one account) to use YBK+. Children under 13 are not permitted to use YBK+ or provide their own personal information to us. By using YBK+, you represent and warrant that you are at least 13 years old. Either the high school student or the parent/guardian of an elementary or middle school student  will be defined as the "YBK+ User" or "you" in these Terms. Jostens will work with schools to obtain the email addresses and other information necessary to verify the identity of YBK+ Users. Our current verification method is providing a verification code for each email address. You must treat the code or any other verification method as confidential and cannot disclose the information to any other person or organization.
      • You are responsible for: (a) making all arrangements necessary for you to have access to the App; and (b) ensuring that all persons who access the App through your internet connection are aware of these Terms and comply with them.
      • To access the App or some of the resources it offers, you may be asked to provide certain verification details or other information. All the information you provide on the App must be correct, current, and complete for your continued use of the App.
      • The YBK+ User is the only person who is permitted to contribute pictures to the App using your verification.
      • The YBK+ User agrees not to provide any other person with access to the YBK+ User’s verification code or profile, which includes "My Year" and "School Life".
      • You agree to notify us immediately of any unauthorized access to the YBK+ User’s profile, unauthorized use of your verification code, or any other breach of security.
      • You should use particular caution when accessing your profile from a public or shared computer so that others are not able to view or record your verification code.
    2. Using the App
      1. You will:
        • Use the App for the services we offer at the time they are offered, and will comply with these Terms as they appear on the App each time you access and use the App.
        • Use the App in compliance with laws, customs, and in good faith.
      2. Each time you use the App, you are agreeing (again) to be bound by these Terms.
      3. By forwarding any content, pictures, or communications through the App or by other electronic means, you grant us a perpetual, royalty-free, world-wide, irrevocable, non exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the sole purposes of providing the App and any purpose tangentially related to the App as contemplated in our Privacy Policy. You will receive no compensation or other consideration for this license—the use of the App is the consideration for the license.
      4. You will NOT:
        • Use the App in any way that is harmful, destructive, prohibited or unlawful.
        • Copy, make public or otherwise disseminate any content made available by another user on or through the App without that user’s express consent.
        • Use the App in any way that changes or alters the App, content or services that may appear on the App, or impairs in any way the integrity or operation of the App.
        • Transmit any advertisements, solicitations, spam, flooding, unsolicited email or commercial communications on the App.
        • Transmit any harmful or disabling computer codes or viruses, impair our ability to operate the App, interfere with any person’s ability to access and use the App, or otherwise interfere with the network services of Jostens or your school.
        • Harvest email addresses from the App, or otherwise attempt to gain unauthorized access to our network services.
        • Impersonate or misrepresent your affiliation with any other person.
        • Suggest an affiliation or relationship with us without our written permission.
    1. Uploading Content
      1. Anything that you contribute, including communications, content, and pictures uploaded to "My Portrait," "My Year," or "School Life" ("User Contributions"), can be accessed by anyone who has access to the App. Although we prohibit users from copying, making public or otherwise disseminating content made available on or through the App (see Section 2(b)(4)), it is not technically feasible for Jostens to prevent this from occurring. As a result, do not upload any picture that you do not wish to be made public.
      2. By providing or submitting User Contributions, you represent and warrant that you own or otherwise control all of the rights to your User Contributions, including, without limitation, all the rights necessary for you to submit the User Contributions and grant the license to the User Contributions above. If you submit a picture with a recognizable image of another student or individual, you are responsible for making sure that each individual in the picture has consented to the submission of the picture and that we can use the picture in accordance with these Terms and our Privacy Policy.
      3. YBK+ has been designed to create an interactive, inclusive experience for all YBK+ Users. YBK+ should only be utilized to post positive content.
      4. User Contributions cannot:
        • Contain any material that is violent, obscene, sexually explicit, discriminatory, hateful, indecent, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable.
        • Infringe the rights of another (including but not limited to confidentiality, trade secret or other intellectual property rights).
        • Violate the legal rights of another (including the rights of publicity and privacy), and User Contributions must comply with all applicable laws and regulations.
        • Promote sexually explicit or pornographic material.
        • Promote violence.
        • Discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age.
        • Violate the legal rights (including the rights of publicity and privacy) of others.
        • Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
        • Contain any material that may conflict with these Terms and our Privacy Policy.
        • Be likely to deceive any person.
        • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
        • Be likely to upset, embarrass, alarm, annoy or cause anxiety to any other person.
        • Impersonate any person, or misrepresent your identity or affiliation.
        • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
      5. Whether User Contributions fit the description described in #4 above is not determined by you. Depending on the circumstances, Jostens, a school administrator, or other authorized individual could make the determination that the User Contributions are inappropriate and should be removed. By using the App and agreeing to these Terms, you acknowledge and agree that you have no recourse to challenge these determinations.
    2. Right to Correction, Flagging Inappropriate Images, and Copyright Notices
      1. Although Jostens assumes no liability for the accuracy, completeness, or usefulness of information posted on the App, Jostens does provide the right for YBK+ Users to access and correct information presented on or through the App including the ability for users to request a change in their personal information, such as a misspelled name or inaccurate photo depiction. If you would like to make such a request to access or correct your information, please contact your school or email us at privacy@jostens.com.
      2. Inappropriate Images. YBK+ Users can report offensive pictures through our "Flag an Inappropriate Picture" feature.
      3. Copyright Notices. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
        • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
        • Description of the copyrighted work that you claim has been infringed;
        • The location on the App of the material that you claim is infringing;
        • Your address, telephone number and e-mail address;
        • A statement that your claim of infringement is based on a good faith belief; and
        • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

          Our agent for notice of claims of copyright infringement on the App can be reached as follows:

          Jostens, Inc.

          Attn: privacy@jostens.com

  1. What Jostens Does (and Doesn’t Do)
    1. Own the App and Grant a Limited License
      • Unless otherwise specified in these Terms, all information and screens appearing on this App are the sole property of Jostens. We provide content through the App that is copyrighted and/or trademarked work of Jostens or our third-party licensors and suppliers (collectively, the "Materials"). Materials may include documents, services, software, App design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.
      • Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this App solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the App or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the App or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the App’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.
    1. Control the App (but not the Content)
      • Jostens has no liability for any User Contributions, including pictures that contain a recognizable image of another individual who has not consented to the posting of such information.
      • Through our agreement with each school using the App, it is their responsibility to review all material before it is posted on the App and to handle requests to remove such material. We cannot review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
      • Jostens and the schools that use the App have the right to remove any pictures or content that, in Jostens’ or the schools’ opinion, violate our content standards as described in Section 2.c, above. Schools (including but not limited to administrators, teachers and yearbook staff) may also curate any images that are uploaded to Yearbook+.
      • Unless otherwise specified in these Terms, we reserve the right to withdraw or amend this App, and any Materials we provide on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
    2. Disable YBK+ User Account and Report to Authorities
      • We have the right to disable any profile, at any time, in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. The list of prohibited activities in the Terms provides examples and is not complete or exclusive. We reserve the right to terminate your ability to use this App (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this App or to any other user of this App and/or Materials.
      • If you breach any of these Terms, your license to use the App will terminate automatically and you must immediately destroy any downloaded or printed Materials.
      • We may report to law enforcement authorities any actions that may be illegal. When legally required or at our discretion, we will fully cooperate with law enforcement agencies or court order in any investigation of alleged illegal activity on this App or on the Internet. This includes, but is not limited to disclosing the identity or other information of anyone posting any materials on or through the App.
      • We have the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; (b) terminate or suspend your access to all or part of the App for any reason, including without limitation, any violation of these Terms.
    3. Store YBK+ User Content
      • Jostens will store the YBK+ User content and communications, including any pictures voluntarily uploaded to the App. By uploading your pictures to YBK+ and agreeing to these Terms, you acknowledge and agree that Jostens is not obligated to retain your pictures in YBK+ for any length of time or otherwise make your pictures available in YBK+.
      • Please be aware that users may remove pictures uploaded to the "My Year" feature on YBK+ up to the end date determined by the school. Users do not have the ability to delete pictures uploaded to the "School Life" feature on YBK+. Jostens does not retain pictures that have been deleted from YBK+.
    4. International Data Transfers
      • Jostens is located in the United States. For YBK+ users located outside the United States, we store your pictures in Canada. Those pictures may be accessed by Jostens in the United States to produce hardcopy yearbooks. Information we collect, including personal information, may be transferred to, processed in, and stored in the United States. The data protection laws in the United States differ from those of the country in which you are located, and your personal information can be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using YBK+ or providing us with any personal information, you explicitly consent to the transfer, processing, and storage of your personal information in the United States. You further acknowledge that you have been informed of the possible risks of such transfers due to the absence of an adequacy decision by the European Commission with respect to transfers of personal information to the United States.

  1. Additional Legal Terms of Use

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

This App includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Jostens. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Federal and State Laws

The App is operated from the United States. To the extent applicable, when using the App or when using any content provided by us, you must obey all applicable U.S. federal, state and local laws.

Email Communications

You acknowledge that you may receive electronic communications, including electronic notices, from us relating to your use of the App. These electronic communications may include notices about upcoming deadlines, such as calendar reminders to upload your pictures to "My Year" or "School Life" from your device. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Liability and Claim Waiver—Investigations

YOU WAIVE AND HOLD HARMLESS JOSTENS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SCHOOL, COURT, GOVERNMENT ENTITY, OR LAW ENFORCEMENT AUTHORITIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES.

Disclaimer of Warranties

Your use of this App is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this App. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE APP, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, CONTENT, OR OTHER POSTED MATERIALS ON THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE APP, WE DO NOT IN ANY WAY PROMISE THAT THEY WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APP AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability

THE LIABILITY OF JOSTENS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL JOSTENS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Jostens and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the App. Such acts may include but are not limited to: providing content to or communicating with us or our affiliates, unauthorized use of material obtained through the App, engaging in a prohibited activity, or any other action that breaches these Terms.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

You hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the App and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction. Additionally, both parties retain the right to obtain public injunctive relief from any court with proper jurisdiction.

YOU SPECIFICALLY AGREE, TO THE EXTENT ALLOWED BY LAW, TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the rules of the American Arbitration Association ("AAA"). The AAA rules and other information about arbitrating a claim under AAA may be obtained by visiting its website at https://www.adr.org/. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

If you elect to file the arbitration, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but we will consider any request by you to reimburse you for such fees. All other arbitration fees and expenses shall be allocated according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the App and any other actions with us.

You may reject this arbitration provision within five days of accepting the Terms by emailing us at privacy@jostens.com and including in the subject line "Rejection of Arbitration Provision."

Severability

If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Minneapolis, Minnesota, except where the jurisdiction and venue are mandated by applicable Assignment. We may freely assign our obligations and rights under these Terms, including all personal information in our possession which we have collected during your use of the App.

App Availability

We cannot guarantee the App will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions. Although WE STRIVE to provide the most reliable App reasonably possible, interruptions and delays in accessing the App are unavoidable and WE DISCLAIM any liability for damages resulting from such problems.

Headings

Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors

Information on the App may contain technical inaccuracies or typographical errors. We attempt to make the App’s postings as accurate as possible, but we do not warrant the content of the App is accurate, complete, reliable, current, or error-free.

English Language

The parties to these Terms hereby confirm their express wish that these Terms, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms be in the English language only and declare themselves satisfied with this; Les parties aux présentes Conditions confirment par la présente leur souhait exprès que ces Conditions, ainsi que tous les autres documents s'y rapportant, y compris, mais sans s'y limiter, toutes les confirmations, avis, renonciations, consentements et autres communications entre les parties en relation avec ces Conditions soient en la langue anglaise seulement et se déclarent satisfaits de cela.

Questions

If you have any questions or comments about these Terms or this App, please contact us by email at privacy@jostens.com. You also may write to us at:

Jostens, Inc.

ATTN: Privacy Department

7760 France Avenue South, Suite 400

Minneapolis, MN 55435

United States of America

privacy@jostens.com 

Terms Applicable to Quebec Consumers

The following provisions are not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies:

  1. Liability and Claim Waiver—Investigations
  2. Disclaimer of Warranties
  3. Limitation of Liability
  4. Indemnification
  5. Mandatory Arbitration and Class Action and Jury Trial Waiver
  6. Governing Law and Venue