Contact

        +1 916-800-7118

        1731 Howe Avenue, Suite 585 Sacramento, CA 95825

        Terms of Service

        Welcome to the CA Arts Advocates Platform

        – and thank You for visiting. We hope You enjoy the experience!

        These Terms of Use (“Terms”) are a legal contract between you (“You”) and California for the Arts, a California nonprofit public benefit corporation with its principal place of business at 1731 Howe Avenue, #585, Sacramento, CA 95825 (“Us” or “Our” or “We”) (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”). Collectively, the Materials, Services, and Website are the “Platform”.

        READ THESE TERMS CAREFULLY BEFORE BROWSING THIS PLATFORM.  USING THIS PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.

        NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

        CHANGES.

        We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Platform at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

        If You object to any such modifications, Your sole recourse shall be to cease using this Platform.  Continued use of this Platform following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Platform.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

        GENERAL USE.

        We invite You to use this Platform for individual, consumer purposes (“Permitted Purposes”) – enjoy!

        By using the Platform, You agree that You are at least 18 years of age, or if You are under 18 years of age (a “Minor”), that You are using the Platform with the consent of Your parent or legal guardian, and You have received Your parent’s or legal guardian’s permission to use the Platform and agree to these Terms.  If You are a parent or legal guardian of a Minor, You agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.  Access to certain Services and content may be subject to additional age restrictions and not available to all users of the Platform.

        In these Terms We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Platform and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Platform in any manner.  If You make copies of any of this Platform while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Platform. 

        Unfortunately, if You breach any of these Terms the above license will terminate automatically, and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

        USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

        We appreciate You visiting this Platform and allow You to do just that – stop by and leisurely check it out without even registering with Us!

        However, in order to access certain password-restricted areas of this Platform (such as viewing this Platform’s blog posts and other User Submissions (defined below)) and to use certain Services and Materials offered on and through this Platform, You must successfully register an account with Us.

        NON-MEMBERSHIP DONATIONS.

        You may access and use this Platform without paying any fees. As a nonprofit, We rely on donations. The website provides a link to a third party donation site from which You may provide voluntary donations. Unlike donations via the link provided under the “Membership” provision, donations via this link do not grant any Membership (defined below) rights or Member (defined below) status. By providing a payment method, You expressly authorize Us and/or our third-party payment processor to charge the applicable voluntary donation on said payment method.

        MEMBERSHIPS.

        By donating via the membership link on the Platform, You become a “Member” with access to certain email-restricted areas of the Platform and to use certain Services and Materials offered on and through the Platform (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable.  All donations and payments of Membership fees will be in US Dollars.  All Membership donations are non-refundable under any circumstances.

        The donation amount for which You will be charged will be the amount You enter or select on the date that You register as a Member. If You select the box stating “I’d like to help cover the transaction fees for my donation”, You will be charged the transaction fees as well. You may elect to make a one-time donation or a recurring monthly donation. If You elect to make a recurring monthly donation, each month You will be charged the amount You entered or selected on the date You registered as a Member, including transaction fees if so checked. You may cancel a recurring monthly donation at any time by [•].

        You may pay for Your Membership donation with credit and debit card payments.  We will charge Your credit or debit card for Your first Membership donation on the date that We process Your order for Your Membership.  Once Your credit or debit card is charged the first Membership fee, You will receive a confirmation e-mail notifying You of Your ability to access those Membership-only portions of, and Materials on, the Site.

        PASSWORD RESTRICTED AREAS OF THIS WEBSITE.

        If You want an account or Membership with Us, You must submit the following information through the account registration page on this Platform:  

        • A working email address;
        • First and last name;
        • Preferred username and password.

        You may also provide additional, optional information so that We can provide You a more customized experience when using this Platform –but, We will leave that decision with You.  Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account.  If approved, You will be sent an e-mail detailing how to complete Your registration.  For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You.  And, if You forget Your password – no worries, as We will happily send a password update to Your provided email address.

        You are responsible for complying with these Terms when You access this Platform, whether directly or through any account that You may setup through or on this Platform.  Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of this Platform as well as paying related charges.  It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Platform.  Should You believe Your password or security for this Platform has been breached in any way, You must immediately notify Us.

        ELECTRONIC COMMUNICATIONS.

        By using the Platform (or any part thereof) and providing Us with Your email address, You consent to receiving electronic communications from Us (including, if You have opted in and provided Your phone number, via text message) and from other users of the Services.  These electronic communications may include notices about modifications to these Terms, applicable donation amounts and transactional fees, and other information concerning or related to the Platform.  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.  Standard carrier data charges may apply to Your use of text messaging, and You are solely responsible for such charges.

        PRIVACY POLICY.

        We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

        LINKS TO THIRD-PARTY SITES.

        We think links are convenient, and We sometimes provide links on this Website to third-party websites.  If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You visit from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.

        UNAUTHORIZED ACTIVITIES.

        To be clear, We authorize Your use of this Platform only for Permitted Purposes.  Any other use of this Platform beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Platform.  This is because as between You and Us, all rights in this Platform remain Our property.

        Unauthorized use of this Platform may result in violation of various United States and international copyright laws.  Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid.  So, unless You have written permission from Us stating otherwise, You are not authorized to use this Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

        • For any public or commercial purpose which includes use of this Platform on another site or through a networked computer environment;
        • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Platform;
        • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
        • To stalk, harass, or harm another individual;
        • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
        • To interfere with or disrupt this Platform or servers or networks connected to this Platform;
        • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Platform; or
        • Attempt to gain unauthorized access to any portion of this Platform or any other accounts, computer systems, or networks connected to this Platform, whether through hacking, password mining, or any other means.

        You agree to indemnify and hold Us and Our officers, employees, directors and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Platform, Your violation of these Terms or Your violation of any rights of another. You alone are responsible for any violation of these Terms by You or by anyone using Your account.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

        PROPRIETARY RIGHTS.

        The trademarks, service marks, and logos of Ours (“Our Trademarks”) used and displayed on various parts of the Platform, excluding those owned by any third-party providers of the Services and Materials, are Our registered and unregistered trademarks or service marks. Other trademarks, names and logos on this Platform are the property of their respective owners.

        Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website, are Our sole property, Copyright © 2024.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.  

        INTELLECTUAL PROPERTY INFRINGEMENT.

        We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Platform (or any portion thereof) to any user who uses this Platform in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses this Platform in violation of someone’s intellectual property rights. 

        Pursuant to Title 17 of the United States Code, Section 512 (“DMCA”), We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Platform, please provide written notice to Our Agent for notice of claims of infringement:

        Attn: ____ DMCA Agent  

        CC: ___

        Email: ___

        To be sure the matter is handled immediately, Your written notice must: 

        • Contain Your physical or electronic signature;
        • Identify the copyrighted work or other intellectual property alleged to have been infringed;
        • Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
        • Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
        • Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
        • Contain a statement that the information in the written notice is accurate; and
        • Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner. 

        Unless the notice pertains to copyright or other intellectual property infringement, the DMCA Agent will be unable to address the listed concern.

        Submitting a DMCA Counter-Notification

        We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:

        1.  Your physical or electronic signature;

        2.  Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

        3.  A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

        4.  Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

        Termination of Repeat Infringers

        We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Platform who is the subject of repeated DMCA or other infringement notifications.  

        DISCLAIMER OF WARRANTIES.

        THIS PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

        WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

        THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE PLATFORM IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that this Platform will meet Your requirements or that this Platform will be uninterrupted, timely, secure, or error free, or that defects in this Platform will be corrected. We make no warranty as to the results that may be obtained from the use of this Platform or as to the accuracy or reliability of any information obtained through this Platform. No advice or information, whether oral or written, obtained by You through this Platform or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

        LIMITATION OF LIABILITY.

        WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS PLATFORM.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED $100. 

        LOCAL LAWS; EXPORT CONTROL.

        We control and operate this Platform from Our headquarters in the United States of America and the entirety of this Platform may not be appropriate or available for use in other locations.  If You use this Platform outside the United States of America, You are solely responsible for following applicable local laws.

        FEEDBACK.

        Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion.  Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

        DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

        Please Read This Arbitration Provision Carefully.  It Affects Your Legal Rights.

        This arbitration provision (including “Pre-Arbitration Claim Resolution”, “Exclusions from Arbitration/Right to Opt Out”, “Arbitration Procedures”, “Class Action Waiver”, “No Judge or Jury in Arbitration”, “Severability”, and “Continuation”) (the “Arbitration Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between You and Us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

        This Arbitration Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury.  We prefer this because We believe arbitration is less drama-filled than litigation.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Arbitration Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

        Pre-Arbitration Claim Resolution

        For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at eduardo@caforthearts.org the following information: (1)Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration.  You may pursue Your dispute in a court only under the circumstances described below.

        Exclusions from Arbitration/Right to Opt Out

        Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Arbitration Provision by emailing Us at eduardo@caforthearts.org, including in Your email the following information: (1) Your name; (2) Your address; and (3) a clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally.  In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

        Arbitration Procedures

        If this Arbitration Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Provision.

        For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Arbitration Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

        Because this Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

        Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

        Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address.

        Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

        Class Action Waiver

        Except as otherwise provided in this Arbitration Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration.  If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.  Neither You, nor any other user of this Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

        No Judge or Jury in Arbitration

        Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms You and We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Arbitration Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

        Severability

        If any clause within this Arbitration Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Provision will be unenforceable and the dispute will be decided by a court. 

        Continuation

        This Arbitration Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Platform. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to the Arbitration Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Arbitration Provision if a dispute between Us arises.

        LANGUAGE.

        The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

        GENERAL.

        We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You.  We will even provide You with recommended necessary corrective action(s) because We value this relationship.

        However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Platform without prior notice to You.  These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution, or performance of this Agreement (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the Federal Arbitration Act and the internal laws of the State of California, including its statutes of limitations but excluding the California Arbitration Act, without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction, and without regard to the choice or conflicts of law provisions. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Platform will be heard solely in the courts located in Sacramento County, California. Except for disputes subject to arbitration, Everyone (i) submits to the exclusive jurisdiction and venue of any such court; (ii) hereby waives any claim that any legal proceeding (including any tort claim) has been brought in an inconvenient forum or that the venue of that proceeding is improper; and (iii) hereby agrees that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this contract.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions, or agreements between Everyone about this Platform.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

        CONTACT US.

        If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at:

        Eduardo Robles
        Marketing and Communications
        1731 Howe Avenue | Suite 585 | Sacramento, CA 95805.
        eduardo@caforthearts.org

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