TERMS OF USE FOR REEL’S WEBSITE AND 2E PROGRAM
 

Last Modified: 2/7/22
 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE, REGISTERING FOR OUR 2E PROGRAM, OR PARTICIPATING IN OUR 2E PROGRAM.

I. INTRODUCTION

These terms of use (the “Terms”) describe your rights and responsibilities with regard to the reel2e.org website (our “Website”) and the REEL2e (“REEL,” “we,” “our,” or “us”) Twice Exceptional Program (“2e,” “2e Program,” “our Program”).  Use of the Website and the 2e Program is governed by these Terms and our Privacy Policy.  By using our Website, registering for our 2e Program, or participating in our 2e Program, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy.  If you do not agree with any of these Terms or our Privacy Policy, you may not use our Website, register for our 2e Program, or participate in our 2e Program.

 

In these Terms, the terms “you” and “yours” refer to the person using the website, registering for the 2e Program, or participating in the 2e Program.  The terms “we”, “our”, “us”, and “REEL” collectively refer to REEL. Even though you may have arrived at our Website or our 2e Program through a website or mobile application operated or controlled by a third party, including by an affiliate of REEL, you understand and agree that these Terms are entered into between you and REEL. 

II. MODIFICATION OF THE TERMS

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party.  You should check the Terms from time to time when you use our Website or participate in our 2e Program to determine if any changes have been made.  You can determine when the Terms were last revised by referring to the “Last Modified” notation above.  If you use our Website, register for our 2e Program, or participate in our 2e Program after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.

III. ELIGIBILITY

In order to use our Website, register for our 2e Program, participate in our 2e Program, or permit the visitation of our Website or the participation in our 2e Program by a minor, the following must be true:

  • You are 18 years of age or over; and

  • You have read and understood these Terms and the Privacy Policy and agree to be bound by the terms and conditions set forth herein and in the Privacy Policy.
     

You understand and agree that satisfying the above requirements does not guarantee that you may use our Website, register for our 2e Program, or participate in our 2e Program.  In addition to the above requirements, REEL reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

IV. RESTRICTIONS ON USE

You may not use, or encourage or permit others to use, our Website or our 2e Program except as expressly permitted in these Terms.  You will not:

  • RECORD THE 2E PROGRAM, UNLESS REEL AGREES TO PERMIT THE RECORDING IN A SEPARATE WRITTEN AGREEMENT AND THE RECORDING PARTY OBTAINS THE LEGALLY REQUIRED CONSENT FOR THE RECORDING FROM EACH PARTICIPANT IN THE 2E PROGRAM;

  • Access or use the Website or the 2e Program to publish or transmit any material that is defamatory, disparaging, offensive, obscene, or discriminatory or that invades or interferes with a person’s right of privacy;

  • Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database, or otherwise use in any form or by any means any data, text, reports, or other materials related to REEL or third-party content from the Website or the 2e Program for commercial purposes or for non-commercial purposes without attributing the materials or their content to REEL;

  • Use or attempt to use the Website or the 2e Program for any person other than yourself, except on behalf of your child who is using the Website or participating in the 2e Program;

  • Access or use the Website or the 2e Program in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;

  • License, sublicense, sell, resell, transfer, assign, distribute or otherwise exploit or make available to any third party information presented through or materials related to the Website or the 2e Program for commercial purposes in any way or for non-commercial purposes without attributing the materials or their content to REEL;

  • Take any action or use the Website or the 2e Program in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Website or the 2e Program or any content, in whole or in part;

  • Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Website or the 2e Program or any computer network;

  • Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by REEL or any of our service providers to protect the Website or the 2e Program;

  • Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, the 2e Program, or any content made available to you on or through the Website or the 2e Program;

  • Utilize the Website or the 2e Program for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the 2e Program, or which, as determined by us, may harm REEL, users of our Website, or participants in our 2e Program, or expose them to liability; or

  • Encourage or enable any other individual to do any of the foregoing.
     

            We also reserve the right, in our sole discretion, to terminate your access to and/or use of our Website and our 2e Program or any portion thereof at any time, without notice. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any access to and use of our Website and our 2e Program without notice, in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. We may investigate any complaints or reported violations of our Website’s or our 2e Program’s policies and take any action we deem appropriate at any time, including without limitation, suspension or termination of access to and/or use of our Website and our 2e Program. Upon termination or expiration of your access to and use of our Website and our 2e Program, you shall cease all use of and access to our Website and our 2e Program. In addition, we may, in our sole discretion and at any time, discontinue providing or limit access to our Website and our 2e Program.
 

V.   THIRD PARTY SERVICE PROVIDERS

We provide our Website and 2e Program with help from third party service providers.  Those third party service providers are not under REEL’s control.  Your use of their services is governed by their separate terms of use and we encourage you to review those terms.  Your use of third party services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any errors, damage, or loss caused by or in connection with the use of third party services.
 

VI. INTELLECTUAL PROPERTY
A. Generally

As between REEL and you, REEL is the sole and exclusive owner of all right, title and interest in and to the Website’s and the 2e Program’s content (including text, images, video, and audio content) and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you.  Any recording, copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website or the 2e Program shall be owned solely and exclusively by REEL or its licensors, including all intellectual property rights therein.  You have permission to use the Website and the 2e Program solely for your personal and non-commercial use on the condition that you comply with these Terms.  No other right, title or interest in or to the Website or the 2e Program is transferred to you, and all rights not expressly granted are reserved by us.
 

Certain names, logos, and other materials displayed in and through the Website and the 2e Program may constitute trademarks, trade names, service marks or logos (“Trademarks”) of REEL.  You are not authorized to use any such Trademarks without the express written permission of REEL.  Ownership of all such Trademarks and the goodwill associated therewith remains with us.

 

B. License and Use

          Subject to your compliance with these Terms, REEL grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Website, the 2e Program, and their content, solely for your personal and non-commercial use.  No other right, title, or interest in or to the Website or the 2e Program is transferred to you, and all rights not expressly granted are reserved by REEL or its licensors.  You are not permitted to record, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
 

While you may not distribute, disseminate, transmit, or display information presented through or materials related to the Website or the 2e Program for commercial purposes, we encourage you to share REEL’s materials with third parties for personal use and with the proper attribution of such materials to REEL.

VII. PRIVACY

          REEL understands the importance of confidentiality and privacy regarding your information.  Please see our Privacy Policy for a description of how we may collect, use, and disclose your information in connection with our Website and our 2e Program.
 

VIII. COMMUNICATIONS; RECORDINGS; OPT-OUT

As part of your use of our Website or registration or participation in our 2e Program, you may be asked to elect to receive certain email notifications from REEL and its partners.  These messages may include event updates and other promotions.  Your election to receive such messages represents your express written consent to receiving emails from REEL.  You may opt-out of receiving certain notifications in association with the Website, the 2e Program, and REEL’s services by completing the opt-out process provided to you with each email message.  By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you.  Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out of other messages. 
 

As part of your participation in our 2e Program’s virtual events, you may be prompted to consent to the recording of an event.  If you continue to participate in an event after receiving notice that it is being recorded, your continued participation is deemed to constitute consent to such recording.  While participating in a recorded event, please refrain from sharing any personal information or other information that you do not wish to be recorded.

 

IX.    LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

Our Website and our 2e Program may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties.  The Linked Sites may not be under our control; therefore, we are not responsible for the information, products, or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators.  Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.


You may have arrived at our Website or our 2e Program through a Linked Site.  You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of our Website or your registration or participation in our 2e Program.

X.    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND OUR 2e Program ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR WEBSITE OR OUR 2e Program IS AT YOUR SOLE RISK.  REEL AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF OUR WEBSITE OR OUR 2E PROGRAM WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER REEL NOR ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. 
 

XI.    NO MEDICAL OR THERAPEUTIC ADVICE

WITHOUT LIMITING THE TERMS OF SECTION X, YOU ACKNOWLEDGE AND AGREE THAT REEL, OUR WEBSITE, AND OUR 2E PROGRAM (INDIVIDUALLY AND COLLECTIVELY) DO NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, THERAPEUTIC ADVICE, DIAGNOSIS, CURE, MITIGATION, PREVENTION OF DISEASE, OR TREATMENT, AND THAT REEL, OUR WEBSITE, AND OUR 2E PROGRAM (INDIVIDUALLY AND COLLECTIVELY) DO NOT EVALUATE THE NEED TO SEEK MEDICAL OR THERAPEUTIC ATTENTION.  OUR WEBSITE, OUR 2E PROGRAM, AND THEIR CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY.  THE PROVISION OF SUCH CONTENT DOES NOT CREATE A DOCTOR-PATIENT OR THERAPIST-PATIENT RELATIONSHIP WITH REEL OR ITS PERSONNEL, AND DOES NOT CONSTITUTE A MEDICAL OPINION, MEDICAL ADVICE, THERAPEUTIC ADVICE, DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION BY REEL OR ITS PERSONNEL.  OUR WEBSITE, OUR 2E PROGRAM, AND THEIR CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, THERAPEUTIC ADVICE, DIAGNOSIS, OR TREATMENT.  WE MAKE NO REPRESENTATIONS THAT ANY INFORMATION PROVIDED VIA OUR WEBSITE OR OUR 2E PROGRAM IS ACCURATE, CURRENT, RELIABLE, OR COMPLETE.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE RISKS AND MERITS REGARDING THE USE OF OUR WEBSITE AND PARTICIPATION IN OUR 2E PROGRAM.  YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, THERAPIST, OR OTHER QUALIFIED HEALTHCARE PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.  NEVER DISREGARD PROFESSIONAL MEDICAL OR THERAPEUTIC ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING READ OR LEARNED THROUGH THE USE OF OUR WEBSITE, OUR 2E PROGRAM, OR ANY INFORMATION STORED ON, GENERATED BY, OR RECEIVED THROUGH REEL, OUR WEBSITE, OR OUR 2E PROGRAM.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
 

XII.    INDEMNIFICATION

You agree to indemnify, defend, and hold REEL and any of its officers, directors, employees, licensors, and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of content available on our Website or through our 2e Program in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

XIII.    DISPUTE RESOLUTION POLICY

A. BINDING ARBITRATION. THIS SECTION OF THE TERMS CONTAINS A BINDING “ARBITRATION CLAUSE” AND “CLASS ACTION WAVIER.” PLEASE CAREFULLY REVIEW THE PROVISIONS BELOW, AS THE BINDING ARBITRATION CLAUSE REQUIRES YOU TO RESOLVE ALL DISPUTES WITH REEL ON AN INDIVIDUAL BASIS (RATHER THAN ON A CLASS BASIS) AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION.

1. Arbitration Agreement.
(a) REEL and you agree to arbitrate any and all disputes and claims between us arising out of or relating to this Agreement, your use of our Website, or your registration for or participation in our 2e Program, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law.This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law.The agreement to arbitrate otherwise includes, but is not limited to: claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement; claims relating to your data privacy or information security; and claims that may arise after the termination of this Agreement. However, any dispute that you or REEL may have relating to copyrights, trademarks, or other intellectual property shall not be governed by this agreement to arbitrate.For the avoidance of doubt, this means that any claims that you or REEL have relating to intellectual property rights against the other, including seeking injunctive or other equitable relief, may be brought in a court of competent jurisdiction.
 

For the purposes of this arbitration provision, references to “REEL,” “you,” and “us” shall include our affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the Website or the 2e Program under this or prior Agreements between us relating to or arising from any aspect of your use of our Website or participation in our 2e Program.  You agree that by entering into this Agreement, you and REEL are each waiving the right to a trial by jury or to participate in a class or representative class action to the maximum extent permitted by law.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.  This arbitration provision shall survive termination of this Agreement or your relationship with REEL for any reason.
 

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).The Notice to REEL should be addressed to: REEL, 2625 Middlefield Road, #422, Palo Alto, CA 9430-2516 (“Notice Address”).The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief that you seek from REEL (“Demand”).If REEL and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or REEL may commence an arbitration proceeding.
 

(c) The arbitration will be governed by the applicable Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA.The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  The AAA Rules may change from time to time, and you should review them periodically. 
 

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision, as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any other part of this arbitration provision or Agreement is void or voidable.  However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this Agreement permits class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
 

Unless REEL and you agree otherwise, any arbitration will be governed by the substantive laws of California, and hearings will take place in Santa Clara County.  Case management and other hearings shall be heard via telephone unless otherwise agreed to.
 

During the arbitration, the amount of any settlement offer made by REEL or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or REEL are entitled.  In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including, for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California.  Such offers of compromise shall have the same force and effect as they would in a court proceeding.  The arbitration proceedings shall otherwise remain confidential, except for the purposes of seeking court intervention (if necessary).
 

(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
 

(e) YOU AND REEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced.Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
 

(f) Notwithstanding any provision in this Agreement to the contrary, we agree that if REEL makes any change to this arbitration provision (other than a change to the Notice Address) after your use of the Website or registration in the 2e Program, you may reject any such change and require REEL to adhere to the language in this arbitration provision as written at the time of your registration if a dispute arises between us, by providing Notice to REEL at the Notice Address in subsection (b) above.
 

XIV.    MODIFICATIONS TO THE WEBSITE AND THE 2E PROGRAM

REEL reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website or 2e Program, or any portion thereof, with or without notice. You agree that REEL shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Website or the 2e Program.

XV.    MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.  Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.  Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.  You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

The Website and the 2e Program are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.  These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.

XVI.    CONTACT INFORMATION

If you have any questions or concerns, please contact reeladmin@reel2e.org.