Crowdfunding Terms of Service
Date: August 1, 2022
The Global Travel Alliance ("GTA," "we," "us," or "our") Crowdfunding Service (the "Service") is a proprietary service offered by us exclusively to allow students enrolled in a GTA trip ("Traveler") and their parent or legal guardian ("Parent") to receive donations from donors ("Donors") to assist in the cost of the trip through a trip crowdfunding campaign ("Campaign"). "User," "you" or "your" means anyone who uses our Service or participates in a Campaign including but not limited to a Parent, Traveler and Donor.
Our Service is provided through our website at globaltravelalliance.com.
To utilize the Service, all Users of the Service must agree to our terms and conditions as outlined below, as amended from time to time ("Terms"). BY ACCESSING OR USING OUR SERVICE, OR PARTICIPATING IN A CAMPAIGN, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND ADDITIONAL POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SERVICE.
ARBITRATION, JURY TRIAL AND CLASS ACTION WAIVER. BY USING THE SERVICE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS IN DISPUTES SECTION BELOW. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE OPT OUT INSTRUCTIONS IN THE DISPUTES SECTION BELOW.
Modifications and Changes
We may modify or change these Terms at our sole discretion at any time without prior notice. Modifications will be posted on our website with the date of revision. Your continued use of the Service following such posting means you have accepted the modified Terms. You may cease usage of the Service at any point should you longer agree with the Terms.
Eligible Users of the Service.
The Service may only be used by users in the United States who are of legal age where they live (typically 18 years of age). If you are under the age of 18, you may only use the Service with the permission and participation of your Parent. By using the Service or participating in a Campaign, you represent and warrant that you are of legal age and have the capacity and authority to agree to these Terms and that you reside in the United States. If you do not meet these requirements, please do not use the Service or make any donations.
Information that is false or violates these Terms or a Payment Processor's terms of service is grounds for immediate suspension or cancellation by us of your use of the Service or by any such third party with respect to its services.
Our Payment Processors deposit donations made by Donors into our account and we automatically apply them to the applicable Traveler's trip.
Donations by Donors are subject to Platform Fees. See Platform Fees below.
Terms for Parents and Travelers.
- We makes no assurances or guarantees regarding the success of any Campaign or how many donations, if any, will be made.
- The Service is only available when trips are being paid for in monthly installments as selected through our parent registration portal. Parents and Travelers are responsible for their regularly scheduled monthly payments if/when donations do not meet the monthly payment(s).
- Donations will be applied automatically as received and will automatically reduce monthly payment(s) in chronological order (first, to all scheduled payments currently due and then to the next upcoming scheduled payments, etc. until fully applied).
- Any Donation that is later declined will be removed from an account and reversed and schedule of monthly payments affected will be automatically updated as outstanding.
- Donations will automatically be limited through the Service to the entire trip cost excluding the refundable deposit and Trip Protection Plan (if elected).
- There is no fee to set up a Campaign; however, donations by Donors are subject to Platform Fees. See Platform Fees below.
- If Parents or Travelers cancel a trip, donations made via the Service are nonrefundable to Donor and are not payable to Parent or Traveler but will be used to pay the unpaid balance of the cost of the Trip excluding the refundable deposit and Trip Protection Plan (if elected).
- By using the Service, Parents for themselves and on behalf of any Traveler, represent, warrant to us and agree that: (a) all information provided to the Service in connection with a Campaign is accurate and complete; (b) all donations will be automatically withdrawn and applied through the Service and used to pay down the cost of the Trip and you will not be able to withdraw donations; and (c) GTA is not responsible for any offers, promises or rewards made or offered in exchange for donations including any tax implications.
Terms related to Donations.
- Platform Fees. Donations made on the Service are subject to Platform Fees of 3.5% which are automatically deducted/charged at the time each donation is made. Platform Fees comprise standard credit/debit charges imposed by Payment Processors and a service fee to us to maintain and support the Service (the "Platform Fees"). At no time are Platform Fees waived or refunded.
- We make no representations or warranties as to the tax-deductible nature of donations or Platform Fees. Parents, Travelers and Donors agree we have no liability for any claim by any tax authority with respect to the characterization of a donation on any tax return. Please consult your tax advisor. We are not a charitable organization.
- We are not responsible for any agreements or promises made or offered by Donors, Travelers or Parents in connection with making a donation and have no liability for any claim by any federal, state, local or any other tax authority with respect to any such agreement or promise.
Terms for Donors.
- All donations are at the Donor's risk. While the Service is provided solely to Travelers (and their Parents) enrolled in a GTA trip as a means of crowdfunding their trip expenses, we make no representation, warranty or assurances regarding the Traveler's intent to travel and do not guaranty their participation in the enrolled trip.
- Donor will be required to provide us information regarding the Donor's credit/debit card or other payment instrument ("Payment Instrument") that is linked to the Donor's bank account or credit/debit card ("Donor Account"). You, as a Donor, represent and warrant to us that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. We use third-party Payment Processors as described above to process through your Payment Instrument and/or Donor Account for any donations made, and Donors acknowledge that by making a donation, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors and us pursuant to these Terms as well as any and all applicable terms set forth by our partners. Our current Payment Processors include Braintree. See Payment Processors above.
- Donations are final and not refundable in all cases even if the Traveler cancels the trip for any reason and even if Trip Protection Plan has been purchased. In the rare event that a trip is canceled by us due to low enrollment only, we will attempt to refund those donations, less Platform Fees, to the original form of payment if still active.
- Donors may elect to remain anonymous at the time of donation. If a donation is not made anonymously, we reserve the right to share the donor name, amount, and email with the beneficiary for the purposes of thanking the donor should they wish.
Our Intellectual Property Rights.
The Service and its entire contents, features and functionality now or hereafter available, (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and our trademarks "Global Travel Alliance" and "GTA") (collectively, the "Content"), are owned by us, our affiliates, or third party licensors and are protected by United States and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, republish, download, use, store or transmit any of the Content. You may only use the Content in connection with a Campaign on our Service. You may not access, download or use for any commercial purposes any part of the Service or Content.
You may use the Service only for lawful purposes and only in accordance with these Terms. You agree not to use (and to not allow any third party to use) the Service:
- In any way that violates any applicable federal, state, local or international law or regulation.
- 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.
- To send, knowingly receive, upload, download, use or re-use any material which is offensive.
- To impersonate or attempt to impersonate us or our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us, or users of the Service or expose them to liability.
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service or to otherwise violate the security of any computer network, crack passwords or security encryption codes.
The Service may allow you to transmit or upload content or materials (collectively, "User Content"). User Content will be considered non-confidential and non-proprietary. By providing any User Content, you hereby grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, transferable, and nonexclusive right and license to use, copy, reproduce, modify, publish, transmit and distribute such User Content for any purpose and in any form, without any compensation, notice, or attribution to anyone in connection with operating or providing the Service. You represent and warrant that you own or control or have rights in and to the User Content. You agree you are responsible for any User Content you submit or contribute and that you, not us, are responsible, or liable to any third party, for the use, content or accuracy of any User Content posted by you on the Service.
We are not responsible for User Content. We cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. User Content is not moderated by us and is the sole responsibility of person providing the User Content. Anyone can report a page if they feel content is inappropriate, and it will then be reviewed by us and banned if deemed to be necessary. Abusing the Service may jeopardize a Traveler's spot on their trip. We have the right to take any action with respect to any User Content in our sole discretion. We assume no liability for any action or inaction regarding User Content.
We may take any action to protect our Service and our users including disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or right to privacy, appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, or suspend your access to all or part of the Service for any or no reason, including without limitation, for conduct that we believe violates these Terms and/or is harmful to other users of the Service, to us, or our business partners.
Disclaimer of Warranties
Use of the Service is at your sole risk. THE SERVICES, ITS FUNCTIONALITY AND CONTENT, ARE PROVIDED ON AN "AS IS" ("WITH ALL FAULTS") AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND TITLE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS OR REQUIREMENTS.
Limitation on Liability
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, WE DISCLAIM AND IN NO EVENT WILL WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "GTA GROUP") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM OR DAMAGES ARISING OUT OF, RELATED TO OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE THE SERVICE, (B) ANY UNCOLLECTED DONATIONS BY DONORS, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THE GTA GROUP HAS BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE GTA GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO ALL OR A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, AND IN THOSE JURISDICTIONS, THE LIABILITY OF THE GTA GROUP SHALL BE EXCLUDED OR LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You hereby agree to defend, indemnify and hold harmless all members of the GTA Group from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, your User Content, any unpaid or uncollected donations made by you or related to your Campaign, or your violation of any rights of another.
PLEASE READ THE FOLLOWING TERMS CAREFULLY; THEY CONTAIN MANDATORY, NON-PERMISSIVE ARBITRATION REQUIREMENTS. SEE ARBITRATION OPT OUT RIGHT BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
Arbitration; Jury Trial and Class Action Waiver. YOU AGREE THAT ALL DISPUTES (EACH A "DISPUTE" AND COLLECTIVELY, THE "DISPUTES") BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND ADVISORS ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, ANY DONATIONS, OR ANY OTHER MATTER OR CLAIMS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
This is an arbitration agreement enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Notice of Disputes; Procedure for Arbitration.
- If you or we intend to seek arbitration of a Dispute, that party shall provide written notice to the other by certified U.S. Mail or by Federal Express (signature required) or, only if the other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). A Notice of Arbitration to us shall be sent to the following address: 12750 Nicollet Ave, Suite 210, Burnsville MN 55337. A Notice of Arbitration shall: (1) describe the nature and basis of the claim or Dispute ("Demand"); and (2) set forth the specific relief sought. You and we agree to use good faith efforts to resolve the Dispute directly for a period of 60 days after a Notice of Arbitration is received. If this is unsuccessful, you or we may commence an arbitration proceeding as set forth herein.
- All Disputes shall be finally settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of its Consumer Arbitration Rules (the "Rules"). If you file arbitration, you will incur a nonrefundable filing fee, payable on filing, pursuant to the fee schedule set forth in the Rules. Other than such filing fee, we will pay AAA's fees and the arbitrator's costs and expenses if your claims are $5,000 are less in the aggregate as set forth in your Notice of Arbitration, unless the arbitrator determines you filed a Dispute that is frivolous, for the sole purpose of being vexatious or to annoy, or the Dispute was filed for improper purposes as determined by the arbitrator, then the payment of such fess will be governed by the AAA Rules. For claims over $5,000 in the aggregate as set forth in your Notice of Arbitration, the payment of the arbitrator's costs and expenses or other non-filing fees will be governed by the AAA Rules.
- AAA's rules and procedures governing the filing and process of AAA consumer arbitration, as well as the AAA consumer arbitration fee schedule, can be found in the Rules, available at www.adr.org. The Rules may be amended from time to time and are subject to change.
- The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the arbitration in accordance with the Rules. The arbitrator will apply applicable law (pursuant to the Miscellaneous Governing Law section below) and the provisions of this arbitration agreement and the terms and conditions of the Terms will determine any Dispute. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- If an in-person arbitration hearing is required, it will be conducted at the AAA's office in a location reasonably convenient to and agreed upon by you and us, which agreement shall not be unreasonably withheld by either you or us. If the parties are unable to agree on a location, the arbitrator shall decide the location or if the parties agree, the hearing may be held via remote or phone hearing.
- In arbitration, as in court, the arbitrator must honor the terms of this arbitration agreement and the Terms and can award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION (1) THERE IS NO JUDGE OR JURY, (2) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (3) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
- We and you each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. We may bring an action at any time relating to our intellectual property rights.
Waiver of Jury Trial and Class Actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. We may bring an action at any time relating to our intellectual property rights.
Arbitration Opt Out Right.
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE TO US EITHER AS SET FORTH IN THE NOTICE OF DISPUTES SECTION ABOVE OR BY EMAILING TO US YOUR OPT OUT NOTICE TO THE EMAIL ADDRESS SET FORTH IN THE MISCELLANEOUS - NOTICE SECTION BELOW, IN EITHER CASE WITHIN 30 DAYS OF THIS AGREEMENT BECOMING BINDING. Such notification must include: (1) your name; (2) your email address; (3) your mailing address, and (4) a statement that you do not wish to resolve Disputes through arbitration. This notification affects only this arbitration agreement; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
IN THE EVENT THAT YOU PROPERLY OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE HEREWITH, YOU AND WE AGREE THAT THE EXCLUSIVE JURISDICTION, VENUE AND OTHER AGREEMENTS SET FORTH IN THE MISCELLANEOUS - GOVERNING LAW SECTION BELOW WILL GOVERN ANY DISPUTE OR ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR RELATED TO THE SERVICE.
(end of arbitration agreement provisions)
With respect to any disputes or claims not subject to arbitration, as set forth above, all notices required to be given to you shall be deemed to have been duly given if in writing and sent to the e-mail address on file with us or other known address. You are responsible to provide us with any changes to your e-mail address.
All notices required to be given to us (including any arbitration opt out notice) shall be deemed to have been duly given if in writing and sent to email@example.com.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
All matters relating to the Service and these Terms and any dispute or laim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
WITH RESPECT TO ANY DISPUTES OR CLAIMS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE, YOU AND WE EACH HEREBY (A) IRREVOCABLY AGREE THAT ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING ("SUIT") ARISING OUT OF OR IN CONNECTION WITH OR DUE TO ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND US MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN HENNEPIN COUNTY, STATE OF MINNESOTA, IRRESPECTIVE OF CHOICE-OF-VENUE RULES; (B) CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURT IN ANY SUCH SUIT; (C) WAIVES ANY OBJECTION THAT YOU OR WE MAY HAVE TO JURISDICTION OR VENUE OF ANY SUCH SUIT; (D) CONSENT TO SERVICE OF PROCESS IN ACCORDANCE WITH THE NOTICE PROVISIONS AS SET FORTH IN THE MISCELLANEOUS - NOTICE SECTION ABOVE; AND (E) WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT, AND, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY SUIT ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.