Right to Restrict Access, Remove Content, and Discontinue Service
CCCenla has the right to restrict Users’ access to the Website, including individual areas or services provided by the Website, for any reason. CCCenla has the right (though not the obligation) in its sole discretion to refuse or remove any user-generated content at any time that violates the TOS or any CCCenla policy, or applicable federal or state statutes, or common law. CCCenla also reserves the right to modify, suspend or discontinue the Website, with or without notice, at any time and without any liability to Website Users.
Dispute Resolution and Agreement to Arbitrate
Except where and to the extent prohibited by law, you and CCCenla agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website or the breach, enforcement, interpretation, or validity of this TOS or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to the address provided in the “Contact Us” section below, or to you, at the address we have on file for you.
Both you and CCCenla agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CAN NOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules, then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this TOS, including any claim that all or any part of this TOS is void or voidable.
Governing Law
You agree that if CCCenla does not exercise or enforce any legal right or remedy contained in the TOS (or to which CCCenla is entitled under applicable law), this will not be construed as a waiver of these rights and remedies.
The state and federal courts in Alexandria, Louisiana, will have exclusive jurisdiction to adjudicate any dispute arising from or relating to the TOS, including their formation as a contract or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also waives any right to a jury trial concerning any action or litigation arising from or related to the TOS. In any action or proceeding to enforce rights under the TOS, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Severability
If any one or more of the provisions of this TOS are held to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of any such provision or provision in every other respect and of the remaining provisions of this TOS shall not be in any way impaired.
Termination
This TOS will continue to apply until terminated by either You or CCCenla. CCCenla may at any time terminate its legal agreement with You and your right to access and use the Website if you have breached any provision of the TOS, if CCCenla is required to do so by law, or if CCCenla no longer maintains the Website and is terminating the service.
Contact Us
If you have any questions, comments, or concerns, please contact us at:
Catholic Charities Central Louisiana
4400 Coliseum Blvd. Alexandria, LA 71303
(318) 445-2401
info@cccenla.org