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subject to the foregoing , these terms will bind and inure to the benefit of the parties , their successors and permitted assigns .
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any notices or other communications permitted or required hereunder , including those regarding modifications to these terms , will be in writing and given by academia.edu -lrb- i -rrb- via email -lrb- in each case to the address that you provide -rrb- ; or -lrb- ii -rrb- by posting to the site .
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for notices made by e-mail , the date of receipt will be deemed the date on which such notice is transmitted .
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you and academia.edu agree that any dispute , claim or controversy arising out of or relating to these terms or the breach , termination , enforcement , interpretation or validity thereof or the use of the site or services -lrb- collectively , `` disputes '' -rrb- will be settled by binding arbitration , except that each party retains the right : -lrb- i -rrb- to bring an individual action in small claims court and -lrb- ii -rrb- to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement , misappropriation or violation of a party 's copyrights , trademarks , trade secrets , patents or other intellectual property rights -lrb- the action described in the foregoing clause -lrb- ii -rrb- , an `` ip protection action '' -rrb- .
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-lrb- the actions described in clauses -lrb- i -rrb- and -lrb- ii -rrb- are the `` litigable actions . '' -rrb-
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without limiting the preceding sentence , you will also have the right to litigate any dispute other than a litigable action , if you provide academia.edu with written notice of your desire to do so by email or regular mail at 251 kearny st , 5th floor , san francisco ca 94108 within thirty -lrb- 30 -rrb- days following the date you first agree to these terms -lrb- such notice , an `` arbitration opt-out notice '' -rrb- .
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if you do n't provide academia.edu with an arbitration opt-out notice within the thirty -lrb- 30 -rrb- day period , you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for litigable actions .
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the exclusive jurisdiction and venue of any ip protection action or , if you timely provide academia.edu with an arbitration opt-out notice , any dispute other than an individual action brought in small claims court , will be the state and federal courts located in the northern district of california and each of the parties hereto waives any objection to jurisdiction and venue in such courts .
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unless you timely provide cir with an arbitration opt-out notice , you acknowledge and agree that you and academia.edu are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding .
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further , unless both you and academia.edu otherwise agree in writing , the arbitrator may not consolidate more than one person 's claims , and may not otherwise preside over any form of any class or representative proceeding .
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if this specific paragraph is held unenforceable , then the entirety of this `` dispute resolution '' section will be deemed void .
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except as provided in the preceding sentence , this `` dispute resolution '' section will survive any termination of these terms .
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arbitration rules and governing law .
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the arbitration will be administered by the american arbitration association -lrb- `` aaa '' -rrb- in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes -lrb- the `` aaa rules '' -rrb- then in effect , except as modified by this `` dispute resolution '' section .
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-lrb- the aaa rules are available at www.adr.org/arb_med or by calling the aaa at 1-800-778-7879 . -rrb-
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the federal arbitration act will govern the interpretation and enforcement of this section .
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a party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the aaa rules .
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-lrb- the aaa provides a form demand for arbitration at http://www.adr.org/aaa/showpdf?doc=adrstg_004175 and a separate form for california residents at http://www.adr.org/aaa/showpdf?doc=adrstg_015822 . -rrb-
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the arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the aaa 's roster of arbitrators .
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if the parties are unable to agree upon an arbitrator within seven -lrb- 7 -rrb- days of delivery of the demand for arbitration , then the aaa will appoint the arbitrator in accordance with the aaa rules .
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unless you and academia.edu otherwise agree , the arbitration will be conducted in the county where you reside .
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if your claim does not exceed $ 10,000 , then the arbitration will be conducted solely on the basis of the documents that you and academia.edu submit to the arbitrator , unless you request a hearing or the arbitrator determines that a hearing is necessary .
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if your claim exceeds $ 10,000 , your right to a hearing will be determined by the aaa rules .
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subject to the aaa rules , the arbitrator will have the discretion to direct a reasonable exchange of information by the parties , consistent with the expedited nature of the arbitration .
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the arbitrator will render an award within the time frame specified in the aaa rules .
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the arbitrator 's decision will include the essential findings and conclusions upon which the arbitrator based the award .
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judgment on the arbitration award may be entered in any court having jurisdiction thereof .
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the arbitrator 's award damages must be consistent with the terms of the `` limitation of liability '' section above as to the types and the amounts of damages for which a party may be held liable .
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the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant 's individual claim .
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if you prevail in arbitration you will be entitled to an award of attorneys ' fees and expenses , to the extent provided under applicable law .
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academia.edu will not seek , and hereby waives all rights it may have under applicable law to recover , attorneys ' fees and expenses if it prevails in arbitration .
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your responsibility to pay any aaa filing , administrative and arbitrator fees will be solely as set forth in the aaa rules .
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however , if your claim for damages does not exceed $ 75,000 , academia.edu will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose -lrb- as measured by the standards set forth in federal rule of civil procedure 11 -lrb- b -rrb- -rrb- .
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notwithstanding the provisions of the `` modification '' section above , if academia.edu changes this `` dispute resolution '' section after the date you first accepted these terms -lrb- or accepted any subsequent changes to these terms -rrb- , you may reject any such change by sending us written notice -lrb- including by email to [email protected] -rrb- within 30 days of the date such change became effective , as indicated in the `` last updated date '' above or in the date of academia.edu 's email to you notifying you of such change .
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by rejecting any change , you are agreeing that you will arbitrate any dispute between you and academia.edu in accordance with the provisions of this `` dispute resolution '' section as of the date you first accepted these terms -lrb- or accepted any subsequent changes to these terms -rrb- .
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the failure of academia.edu to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision .
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the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of academia.edu .
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except as expressly set forth in these terms , the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise .
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if for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable , that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect .
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if you have any questions about these terms , please contact academia.edu at [email protected] .
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yahoo holdings , inc. -lrb- `` yahoo '' -rrb- welcomes you .
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yahoo provides the yahoo services -lrb- defined below -rrb- to you subject to the following terms of service -lrb- `` tos '' -rrb- , which may be updated by us from time to time without notice to you .
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you can review the most current version of the tos at any time at : https://policies.yahoo.com/us/en/yahoo/terms/utos/index.html .
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by accessing and using the yahoo services , you accept and agree to be bound by the terms and provision of the tos .
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in addition , when using particular yahoo owned or operated services , you and yahoo shall be subject to any posted guidelines or rules applicable to such services , which may be posted and modified from time to time .
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all such guidelines or rules -lrb- including but not limited to our spam policy -rrb- are hereby incorporated by reference into the tos .
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yahoo may also offer other services that are governed by different terms of service .
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in such cases the other terms of service will be posted on the relevant service to which they apply .
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yahoo provides users with access to a rich collection of resources , including without limitation various communications tools , forums , shopping services , search services , personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed -lrb- the `` yahoo services '' -rrb- .
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you also understand and agree that the yahoo services may include advertisements and that these advertisements are necessary for yahoo to provide the yahoo services .
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you also understand and agree that the yahoo services may include certain communications from yahoo , such as service announcements , administrative messages and the yahoo newsletter , and that these communications are considered part of yahoo membership and you will not be able to opt out of receiving them .
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unless explicitly stated otherwise , any new features that augment or enhance the current yahoo services , including the release of new yahoo properties , shall be subject to the tos .
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you understand and agree that the yahoo services is provided `` as-is '' and that yahoo assumes no responsibility for the timeliness , deletion , mis-delivery or failure to store any user communications or personalization settings .
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you are responsible for obtaining access to the yahoo services , and that access may involve third-party fees -lrb- such as internet service provider or airtime charges -rrb- .
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you are responsible for those fees , including those fees associated with the display or delivery of advertisements .
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in addition , you must provide and are responsible for all equipment necessary to access the yahoo services .
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you understand that the technical processing and transmission of the yahoo services , including your content , may involve -lrb- a -rrb- transmissions over various networks ; and -lrb- b -rrb- changes to conform and adapt to technical requirements of connecting networks or devices .
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please be aware that yahoo has created certain areas on the yahoo services that contain adult or mature content .
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you must be at least 18 years of age to access and view such areas .
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in consideration of your use of the yahoo services , you represent that you are of legal age to form a binding contract and are not a person barred from receiving the yahoo services under the laws of the united states or other applicable jurisdiction .
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you also agree to : -lrb- a -rrb- provide true , accurate , current and complete information about yourself as prompted by the yahoo service 's registration form -lrb- the `` registration data '' -rrb- and -lrb- b -rrb- maintain and promptly update the registration data to keep it true , accurate , current and complete .
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if you provide any information that is untrue , inaccurate , not current or incomplete , or yahoo has reasonable grounds to suspect that such information is untrue , inaccurate , not current or incomplete , yahoo has the right to suspend or terminate your account and refuse any and all current or future use of the yahoo services -lrb- or any portion thereof -rrb- .
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you must be aged 13 or over to use the services .
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if you have a pre-existing family account covering children aged under 13 then you have an ongoing responsibility to determine whether any of the yahoo services areas and/or content -lrb- as defined in section 6 below -rrb- are appropriate for your child .
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registration data and certain other information about you are subject to our applicable privacy policy .
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for more information , see the full yahoo privacy policy at https://policies.yahoo.com/us/en/yahoo/privacy/index.html .
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you understand that through your use of the yahoo services you consent to the collection and use -lrb- as set forth in the applicable privacy policy -rrb- of this information , including the transfer of this information to the united states and/or other countries for storage , processing and use by yahoo and its affiliates .
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member account , password and security
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you will receive a password and account designation upon completing the yahoo service 's registration process .
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you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account .
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you agree to -lrb- a -rrb- immediately notify yahoo of any unauthorized use of your password or account or any other breach of security , and -lrb- b -rrb- ensure that you exit from your account at the end of each session .
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yahoo can not and will not be liable for any loss or damage arising from your failure to comply with this section 5 .
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you understand that all information , data , text , software , music , sound , photographs , graphics , video , messages , tags , or other materials -lrb- `` content '' -rrb- , whether publicly posted or privately transmitted , are the sole responsibility of the person from whom such content originated .
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this means that you , and not yahoo , are entirely responsible for all content that you upload , post , email , transmit or otherwise make available via the yahoo services .
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yahoo does not control the content posted via the yahoo services and , as such , does not guarantee the accuracy , integrity or quality of such content .
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you understand that by using the yahoo services , you may be exposed to content that is offensive , indecent or objectionable .
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under no circumstances will yahoo be liable in any way for any content , including , but not limited to , any errors or omissions in any content , or any loss or damage of any kind incurred as a result of the use of any content posted , emailed , transmitted or otherwise made available via the yahoo services .
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you agree to not use the yahoo services to :
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upload , post , email , transmit , or otherwise make available any content that is unlawful , harmful , threatening , abusive , harassing , tortious , defamatory , vulgar , obscene , libelous , invasive of another 's privacy , hateful , or racially , ethnically , or otherwise objectionable ;
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harm minors in any way ;
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impersonate any person or entity , including , but not limited to , a yahoo official , forum leader , guide or host , or falsely state or otherwise misrepresent your affiliation with a person or entity ;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the yahoo service ;
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upload , post , email , transmit , or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships -lrb- such as inside information , proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements -rrb- ;
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upload , post , email , transmit or otherwise make available any content that infringes any patent , trademark , trade secret , copyright or other proprietary rights -lrb- `` rights '' -rrb- of any party ;
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upload , post , email , transmit , or otherwise make available any unsolicited or unauthorized advertising , promotional materials , `` junk mail , '' `` spam , '' `` chain letters , '' `` pyramid schemes , '' or any other form of solicitation , except in those areas -lrb- such as shopping -rrb- that are designated for such purpose -lrb- please read our complete spam policy -rrb- ;
| 0 |
upload , post , email , transmit , or otherwise make available any material that contains software viruses or any other computer code , files or programs designed to interrupt , destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;
| 0 |
disrupt the normal flow of dialogue , cause a screen to `` scroll '' faster than other users of the yahoo services are able to type , or otherwise act in a manner that negatively affects other users ' ability to engage in real time exchanges ;
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interfere with or disrupt the yahoo services or servers or networks connected to the yahoo services , or disobey any requirements , procedures , policies or regulations of networks connected to the yahoo services , including using any device , software or routine to bypass our robot exclusion headers ;
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intentionally or unintentionally violate any applicable local , state , national or international law , including , but not limited to , regulations promulgated by the u.s. securities and exchange commission , any rules of any national or other securities exchange , including , without limitation , the new york stock exchange , the american stock exchange , or the nasdaq , and any regulations having the force of law ;
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provide material support or resources -lrb- or to conceal or disguise the nature , location , source , or ownership of material support or resources -rrb- to any organization -lrb- s -rrb- designated by the united states government as a foreign terrorist organization pursuant to section 219 of the immigration and nationality act ;
| 0 |
`` stalk '' or otherwise harass another ; and/or
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collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 6.1 through 6.13 above .
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you acknowledge that yahoo may or may not pre-screen content , but that yahoo and its designees shall have the right -lrb- but not the obligation -rrb- in their sole discretion to pre-screen , refuse , or remove any content that is available via the yahoo services .
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without limiting the foregoing , yahoo and its designees shall have the right to remove any content that violates the tos or is otherwise objectionable .
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you agree that you must evaluate , and bear all risks associated with , the use of any content , including any reliance on the accuracy , completeness , or usefulness of such content .
| 0 |
in this regard , you acknowledge that you may not rely on any content created by yahoo or submitted to yahoo , including without limitation information in yahoo message boards and in all other parts of the yahoo services .
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you acknowledge , consent and agree that yahoo may access , preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to : -lrb- i -rrb- comply with legal process ; -lrb- ii -rrb- enforce the tos ; -lrb- iii -rrb- respond to claims that any content violates the rights of third parties ; -lrb- iv -rrb- respond to your requests for customer service ; or -lrb- v -rrb- protect the rights , property or personal safety of yahoo , its users and the public .
| 0 |
you understand that the yahoo services and software embodied within the yahoo services may include security components that permit digital materials to be protected , and that use of these materials is subject to usage rules set by yahoo and/or content providers who provide content to the yahoo services .
| 0 |
you may not attempt to override or circumvent any of the usage rules embedded into the yahoo services .
| 0 |
any unauthorized reproduction , publication , further distribution or public exhibition of the materials provided on the yahoo services , in whole or in part , is strictly prohibited .
| 0 |
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