These Terms constitute a legally binding agreement between you and FirstAlt. By using the FirstAlt Product, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; (3) represent and warrant that any information you provide about yourself is true and that you will keep us updated as to any change in that information and (4) accept these Terms and agree that you are legally bound by them. Your use of the FirstAlt Product manifests your agreement to be bound by these Terms each time you access the FirstAlt Product.
You will need a FirstAlt account in order to use the FirstAlt Product. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. FirstAlt suggests you use a unique password that you do not currently use for any other device or account and that you do not use it on any future device or account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the FirstAlt Product, you consent to receive communications from us electronically via the FirstAlt App and the email address associated with your account. We reserve the right to email you informational communications about your account or administrative notices regarding the FirstAlt Product, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation. You may delete your account at anytime in your Profile or by submitting a request to Customer Support.
Use of the FirstAlt Product
FirstAlt grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the FirstAlt Product, regardless of the medium by which the FirstAlt Product is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the FirstAlt Product for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the FirstAlt Product is at our sole discretion and your license to use the FirstAlt Product may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the FirstAlt Product, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the FirstAlt Product through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable.
The FirstAlt Product is intended for use by those who are eighteen (18) years of age or older only. Any use of the FirstAlt Product by persons under 18 years of age will result in immediate termination of their use of the FirstAlt Product. FirstAlt may update its FirstAlt App automatically on your device once a new version or feature is available. You may also choose to adjust your automatic update settings.
Restrictions on Use
You may only use the FirstAlt Product as permitted by law and the terms of this Agreement. Unless you have received prior written authorization from FirstAlt, you agree not to: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the FirstAlt Product or any of the content on the FirstAlt Product; (b) bypassing any technical measures used to prevent or restrict access to any portion of the FirstAlt Product; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the FirstAlt Product, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the FirstAlt Product’s listings or content; (e) circumventing or attempting to circumvent the security of the FirstAlt Product; (f) interfering or attempting to interfere with the proper working of the FirstAlt Product or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the FirstAlt Product, or which, as determined by us, may harm FirstAlt or users of the FirstAlt Product or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the FirstAlt Product; (h) attempting to gain unauthorized access to any portion of the FirstAlt Product or any systems or networks connected to the FirstAlt Product through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the FirstAlt Product, except as authorized by FirstAlt; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FirstAlt Product or any systems or networks connected to the FirstAlt Product; (k) using reports, content, electronic documentation, or other materials available on the FirstAlt Product to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts FirstAlt users to a third party; (m) making commercial use of the FirstAlt Product or any of its content; (n) using the FirstAlt Product to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities; or (o) use the FirstAlt Product in a way that distracts you and prevents you from obeying traffic or safety laws while operating a motor vehicle.
You agree not to access the FirstAlt Product using a method other than the interface and the instructions that FirstAlt provides. You may use the FirstAlt Product only as permitted by law, and FirstAlt may suspend or stop providing the FirstAlt Product to you if you do not comply with FirstAlt’s terms or policies, if FirstAlt is investigating suspected misconduct, if a dispatch partner or school district partner directs FirstAlt to disable your access, or for any reason or no reason at FirstAlt’s sole discretion.
Submission of Content and User Activity
From time to time, we may make available on the FirstAlt Product certain services, features, or sections that allow users to post or upload materials to the FirstAlt Product. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not FirstAlt, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the FirstAlt Product or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the FirstAlt Product, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the FirstAlt Product, you hereby expressly grant FirstAlt a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
FirstAlt disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the FirstAlt Product. Any Content on the FirstAlt Product is provided “as is.” You understand that by using the FirstAlt Product, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 FirstAlt Product. You should be aware that your use of and reliance on Content is at your own risk.
FirstAlt has no obligation to review, monitor, delete, or edit the FirstAlt Product, including user Content. However, you acknowledge and agree that FirstAlt has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that FirstAlt may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FirstAlt, its affiliates, personnel, other users, and the public.
Appropriate Conduct and Compliance with Law
You agree that you are responsible for your own conduct and content while using the FirstAlt Product, and for any consequences thereof. You agree to use the FirstAlt Product only for purposes that are proper and in accordance with the terms of this Agreement and any applicable policies or guidelines FirstAlt may make available.
You should not use the FirstAlt App while operating a motor vehicle or recreational vehicle. Any usage or reliance on the information accessible through the Services by you shall be at your own risk and sole responsibility. FirstAlt assumes no liability for your use of information provided through the FirstAlt App. You acknowledge and agree to rely on your own judgment and take into account real-world conditions when using the FirstAlt App. You are responsible for your own conduct and must observe all applicable laws while using the FirstAlt App. Predicted journey distances are all estimates. FirstAlt does not make any guarantees as to time of arrival, destinations, or locations found on the FirstAlt Product.
FirstAlt Warranty Disclaimers and Limitation on Damages
FirstAlt provides the FirstAlt Product using a commercially reasonable level of skill and care. But there are certain things FirstAlt does not promise about the FirstAlt Product.
OTHER THAN EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, FIRSTALT DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE FirstAlt Product. FOR EXAMPLE, FIRSTALT DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE FirstAlt Product, THE SPECIFIC FUNCTIONS OF THE FirstAlt Product, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE FirstAlt Product “AS IS.”
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT FIRSTALT’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND FIRSTALT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, FIRSTALT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FirstAlt Product IS AT YOUR SOLE RISK AND THAT THE FirstAlt Product IS PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, FIRSTALT, ITS SUBSIDIARIES, PARENT AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE FirstAlt Product WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE FirstAlt Product WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; THE INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE FirstAlt Product WILL BE ACCURATE OR RELIABLE; OR (C) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE FirstAlt Product WILL BE CORRECTED.
ANY USAGE OF THE FirstAlt Product IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRSTALT, OR THROUGH OR FROM THE FirstAlt Product, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRSTALT, ITS PARENT, ITS SUBSIDIARIES, AND AFFILIATES, AND FIRSTALT’S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO: CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES; ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR
(b) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY RELIANCE PLACED BY YOU ON THE FirstAlt Product, (ii) ANY CHANGES THAT FIRSTALT MAY MAKE TO THE FirstAlt Product, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE FirstAlt Product (OR ANY FEATURES WITHIN THE FirstAlt Product); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE FirstAlt Product; (iv) YOUR FAILURE TO PROVIDE FIRSTALT WITH ACCURATE ACCOUNT INFORMATION; OR (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FIRSTALT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, TO THE EXTENT THE APPLICABLE STATE LAW DOES NOT ALLOW FOR THE DISCLAIMER OF THE SAME, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE FirstAlt Product.
THE LIMITATIONS ON FIRSTALT’S LIABILITY TO YOU SET FORTH HEREIN WILL APPLY WHETHER OR NOT FIRSTALT, ITS SUBSIDIARIES, PARENT, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
Indemnification and Remedies
You agree to indemnify, defend, and hold harmless FirstAlt and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the FirstAlt Product; (b) Content you post or submit to the FirstAlt Product; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the FirstAlt Product or any services offered in connection with the FirstAlt Product, do not agree with any part of these Terms, or have any other dispute or claim with or against FirstAlt with respect to these Terms or the FirstAlt Product, your sole and exclusive remedy is to discontinue using the FirstAlt Product.
Intellectual Property Rights
Unless otherwise noted, all content provided on the FirstAlt Product, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of FirstAlt or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the FirstAlt Product is either the property of FirstAlt or is used by us with the permission of its owner. The compilation of the FirstAlt Product is the exclusive property of FirstAlt and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with FirstAlt’s ownership of the FirstAlt Product and content.
The trademarks, logos, and service marks displayed on the FirstAlt Product are owned by FirstAlt and other third parties, and the FirstAlt Product’s trade dress is owned by FirstAlt. All trademarks not owned by FirstAlt are the property of their respective owners, and, where used by FirstAlt, are used with permission. Nothing contained on the FirstAlt Product may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. FirstAlt’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with FirstAlt’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the FirstAlt Product.
All contents of the FirstAlt Product are: Copyright 2022 by FirstAlt and/or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Links to Other Websites
The FirstAlt Product may contain links which can connect you with other websites that are not under the control of FirstAlt. The appearance of a link on this FirstAlt Product to another website does not imply that FirstAlt is responsible for the contents of any linked website or that FirstAlt endorses such content. FirstAlt does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that FirstAlt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. FirstAlt shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
To accept these Terms, you must have a device that supports the FirstAlt Product. Each party agrees that these Terms may be accepted by electronic means. Each party acknowledges and agrees that the electronic signatures associated with these Terms are intended to authenticate these Terms and have the same force and effect as a manual signature to the fullest extent permitted by applicable law, including the Federal E-SIGN Act or any state law based on the UETA or UCC. Any document accepted, executed, or agreed to in conformity with such laws shall be binding on each party to the same extent as if it were physically executed. Where applicable law permits, you may have the option to execute a physical version of these Terms or withdraw your consent to have these Terms delivered to you electronically. If you would like to exercise one of these options, please contact us at the contact information provided below.
These Terms, including any documents referenced herein, represents the entire understanding between you and FirstAlt regarding your relationship with FirstAlt and use of the FirstAlt Product, and supersedes all other agreements, express or implied, written or oral, between you and Company. FirstAlt may modify these terms or any additional terms that apply to the FirstAlt Product at any time at FirstAlt’s sole discretion to, for example, reflect changes to the law or changes to the FirstAlt Product. Changes will not apply retroactively and will become effective no sooner than they are posted. However, changes addressing new functions for or changes to the FirstAlt Product made for legal reasons will be effective immediately. If you do not agree to the modified terms for the FirstAlt Product, you should discontinue your use of the FirstAlt Product.
All of the Terms herein control the relationship between FirstAlt and you with respect to the FirstAlt Product. They do not create any third party beneficiary rights. If you do not comply with these terms, and FirstAlt does not take action right away, FirstAlt does not waive any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms herein. FirstAlt shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
The laws of the State of Ohio will apply to any disputes arising out of or relating to the terms of this Agreement or the FirstAlt Product. All claims arising out of or relating to the terms of this Agreement or the FirstAlt Product that are not subject to the arbitration and class action waiver sections below will be litigated exclusively in the federal or state courts of Hamilton County, Ohio, and you and FirstAlt consent to personal jurisdiction only in those courts.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and FirstAlt, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms.
FirstAlt and you agree that it would be advantageous to discuss and hopefully resolve any disputes before formal proceedings are initiated; provided, however, that FirstAlt need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or FirstAlt – shall send a letter to the other side briefly summarizing the claim and the request for relief. If FirstAlt is making a claim, the letter shall be sent, via email, to the email address listed in your FirstAlt Product account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to First Student, Inc., 191 Rosa Parks Street, 8th Floor, Cincinnati, OH 45202 (Attn: General Counsel). If the dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this section. Either you or FirstAltmay seek provisional remedies (such as preliminary injunctive relief) subject to these Terms before the expiration of this sixty (60)-day period.
All actions or proceedings arising in connection with, touching upon or relating to any dispute, or the scope of the provisions of this section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Hamilton County, Ohio, before a single arbitrator. If the matter in dispute is between FirstAlt and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent.
The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Hamilton County, Ohio or, if sought by FirstAlt, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Hamilton County Court of Common Pleas or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
Class Action Waiver
As permitted by applicable law, both you and FirstAlt waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
Where required, FirstAlt may give notice to you by a general posting in the FirstAlt Product, by electronic mail, or by conventional mail to your address of record. You may give notice to FirstAlt by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the FirstAlt Product, or your dealings with FirstAlt, please contact us at:
Attn: North American Privacy Office
First Student, Inc.
191 Rosa Parks Street, 8th Floor,
Cincinnati, OH 45202