TERMS OF SERVICE
Effective Date: May 2026
Welcome to the website of Esprit de Corps Foundation (“EDC,” “we,” “us,” or “our”), a veteran-led 501(c)(3) nonprofit organization headquartered in Chicago, Illinois. These Terms of Service (“Terms”) govern your access to and use of our website at espritdcf.org, including the public marketing website and The Ranks member portal (collectively, the “Platform”).
ACCEPTANCE OF TERMS
By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions stated here, please do not use the Platform. We reserve the right to modify these Terms at any time, and your continued use of the Platform following any changes constitutes acceptance of the updated Terms.
ACCOUNT ELIGIBILITY AND REGISTRATION
The public marketing website is available to all visitors without an account. To access The Ranks member portal, you must create an account. By registering for an account, you represent and warrant that:
- You are at least 13 years of age
- All information you provide during registration and on your profile is accurate, current, and complete
- You will maintain and promptly update your account information to keep it accurate
- You will not create more than one account per person
- You will not create an account on behalf of another person without their permission
- You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account
Accounts are currently created using email and password authentication. You must notify EDC immediately if you believe your account has been compromised. EDC is not liable for any loss or damage arising from your failure to safeguard your account credentials.
COMMUNITY GUIDELINES AND ACCEPTABLE USE
The Ranks is a community built on mutual respect, support, and service. By using the Platform, you agree to the following standards of conduct. You agree not to:
- Harass, bully, intimidate, or threaten other members
- Post hate speech, discriminatory content, slurs, or violent threats based on race, ethnicity, gender, sexual orientation, religion, disability, veteran status, or any other protected characteristic
- Impersonate another person, create fake accounts, or misrepresent your identity, military service, or organizational affiliation
- Post sexually explicit, pornographic, or gratuitously violent content
- Spam, flood, or post repetitive or unsolicited promotional content
- Use the Platform for solicitation, selling, business promotion, or commercial advertising of any kind. This community exists exclusively to serve EDC’s nonprofit mission, not for personal or commercial gain
- Recruit, solicit, coerce, or direct members away from the Platform for commercial purposes, personal business ventures, competing organizations, or any activity that does not directly benefit EDC’s mission — this applies to all members, including verified accounts and business partners
- Use your verified status, reputation, or influence within the community to promote products, services, or organizations without prior written authorization from EDC leadership
- Share other members’ private information (including personal details, messages, or contact information) outside the Platform without their consent
- Circumvent blocks, bans, or contact members who have blocked you
- Post content that infringes on the intellectual property rights of others
- Use the Platform in any way that violates applicable federal, state, local, or international laws or regulations
- Attempt to gain unauthorized access to any part of the Platform, its servers, or any connected systems
- Transmit any viruses, malware, or other harmful code
- Collect or harvest any personally identifiable information from the Platform without authorization
- Interfere with or disrupt the Platform or the servers and networks connected to it
- Abuse the reporting system by filing false or frivolous reports
Violation of these guidelines may result in content removal, warnings, temporary suspension, or permanent account termination at EDC’s discretion.
MEMBER PROTECTION POLICY
The Ranks exists to serve veterans, military families, and allies in support of the Esprit de Corps Foundation’s mission. Every member of this community — regardless of their verified status, role, or tenure — is here because they believe in that mission. EDC is committed to protecting its members from exploitation, manipulation, and unauthorized commercial activity.
Prohibition on Solicitation and Commercial Activity: The Platform is not a marketplace. Members may not use the Platform, its messaging system, boards, feed, events, or any other feature to sell products or services, solicit business, advertise, or generate leads. This includes but is not limited to: direct messages promoting a business, posts advertising products or services, sharing referral or affiliate links for personal gain, and using community connections for sales purposes.
Prohibition on Off-Platform Recruiting: No member, organization, business, or partner may use the Platform to recruit, entice, or direct members to external platforms, services, organizations, or communities for any purpose that does not directly support EDC’s mission. Members should never feel pressured to leave the Platform, join another service, purchase a product, or engage in any transaction as a result of their membership in The Ranks.
Verified Members and Partners: Verified accounts are subject to the same restrictions as all other members. Verification does not confer special commercial privileges. Business partners who wish to share resources, services, or opportunities that genuinely benefit the community must coordinate directly with EDC leadership before posting. Unauthorized commercial activity by verified members will result in immediate verification revocation and may result in permanent account termination.
Sharing Genuine Resources: Members are encouraged to share resources that genuinely help the community — such as veteran services, job opportunities, educational programs, housing assistance, and mental health support. The distinction between a helpful resource and commercial solicitation is determined by EDC at its sole discretion.
Reporting Violations: Members who encounter solicitation, commercial promotion, off-platform recruiting, or any activity that feels exploitative should immediately report it using the Platform’s built-in reporting system. Reports may be filed under the “Solicitation / Self-Promotion” or “Recruiting Off-Platform” categories. All reports are reviewed by EDC leadership and reporter identity is kept strictly confidential.
Enforcement: Violations of this Member Protection Policy will result in escalating consequences: first offense may result in content removal and a formal warning; second offense may result in temporary suspension (7 days or more); third offense or severe violations will result in permanent account termination and permanent ban from the Platform and all EDC events and programs.
CONTENT OWNERSHIP AND LICENSE
Your content. You retain ownership of all content you create and post on the Platform, including posts, comments, images, profile information, board discussions, and messages. By posting content on the Platform, you grant EDC a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute that content solely in connection with operating and promoting the Platform and EDC’s mission. This license ends when you delete your content or your account, except where your content has been shared by other members or is reasonably necessary for the Platform to continue functioning (for example, if your post was part of a discussion thread).
You represent and warrant that you own or otherwise control all rights to any content you submit, that the content is accurate, and that use of the content does not violate these Terms or any applicable law.
EDC content. All content on the Platform created by EDC — including but not limited to text, graphics, logos, images, photographs, videos, and software — is the property of Esprit de Corps Foundation and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from EDC content without prior written consent.
The Esprit de Corps Foundation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Esprit de Corps Foundation. You may not use these marks without our prior written permission.
VERIFICATION DISCLAIMER
The Ranks offers a verification system for veterans, nonprofit leaders, veteran service organization (VSO) representatives, and professionals. Verification requests are reviewed by EDC administrators and granted at EDC’s sole discretion.
Verification by EDC confirms identity or organizational affiliation only. It does not constitute a professional endorsement, certification, license, or guarantee of qualifications, competence, or quality of services. Verified members may display their business name, business type, website, and description on their profile, but the presence of a verification badge does not mean that EDC has evaluated, approved, or endorsed the verified party’s products, services, or professional abilities.
You should always exercise your own judgment and perform your own due diligence before engaging with any member, business, or organization on the Platform, whether verified or not. EDC assumes no liability for any interactions, transactions, or relationships between members.
Verified accounts must accurately represent their organization or practice. Misrepresentation may result in verification revocation and account termination.
Verified status does not grant permission to solicit, sell, or promote products or services to community members. Verified members and business partners are held to the same community guidelines as all other members. Any commercial activity, including direct outreach to members for business purposes, recruiting members off-platform, or using the Platform as a lead-generation tool, is strictly prohibited unless explicitly authorized in writing by EDC leadership. Violations will result in immediate verification revocation, account suspension, and potential permanent termination.
INVITE AND REFERRAL SYSTEM
Each member of The Ranks receives a unique invite code that they can share with others to invite them to join the Platform. When a new member successfully creates an account using your invite code, you earn 10 points toward your tier progression.
By using the invite system, you agree to the following:
- You will not spam or send unsolicited invitations to people who have not expressed interest in joining
- You will not create fake accounts or use automated tools to generate referrals
- You will not misrepresent what The Ranks is or what benefits new members will receive
- EDC reserves the right to revoke points earned through fraudulent or abusive referral activity
EDC may modify, suspend, or discontinue the invite and referral system at any time without prior notice. Points earned through the referral system have no monetary value and cannot be exchanged for cash or transferred to another member.
POINTS AND TIER SYSTEM
The Ranks includes a points and tier system that rewards community engagement. Points are earned through activities such as posting content, commenting, completing your profile, attending events, referring new members, and other forms of participation. Your tier level is displayed on your public profile and may unlock additional features or recognition within the community.
Points have no monetary value, are not redeemable for cash or goods, and cannot be transferred between accounts. EDC reserves the right to adjust point values, modify tier thresholds, reset points, or discontinue the points system at any time. Any changes to the points system will be communicated to members through the Platform.
REPORTING AND MODERATION
The Ranks provides a reporting system that allows members to flag content or users that violate these Terms or our community guidelines. Reports are reviewed by EDC administrators through our admin panel.
When you submit a report, your identity is kept confidential and is not disclosed to the reported party. EDC takes all reports seriously and will review them in a timely manner. Based on the review, EDC may take the following actions at its sole discretion:
- Remove the reported content (posts, comments, or other material)
- Issue a warning to the offending member
- Temporarily suspend the offending member’s account
- Permanently terminate the offending member’s account
Abuse of the reporting system — including filing false, frivolous, or retaliatory reports — is itself a violation of these Terms and may result in action against the reporter’s account.
ACCOUNT TERMINATION
Voluntary deletion. You may delete your account at any time through your account settings. Account deletion is permanent and irreversible. Upon deletion, your profile, posts, comments, messages, uploaded files, friend connections, verification status, points, and all associated data will be permanently removed within 30 days.
Termination by EDC. EDC reserves the right to suspend or terminate any account at its sole discretion, with or without notice, for conduct that we determine violates these Terms, our community guidelines, or is harmful to other members, EDC, or third parties. We may also terminate accounts that appear to be inactive, fraudulent, or created in violation of these Terms.
Upon termination by EDC, your right to access the Platform will immediately cease. EDC is not liable to you or any third party for any termination of your account or access to the Platform.
DONATIONS
Esprit de Corps Foundation is a tax-exempt 501(c)(3) organization (EIN: 33-3012209). Donations are tax-deductible to the extent allowed by law. Donations made through our website are processed by Givebutter, a third-party payment processor. By making a donation, you agree to Givebutter’s terms of service and privacy policy.
All donations are final unless otherwise required by law. Tax receipts will be provided for eligible contributions. The tax-deductibility of your donation depends on your individual tax situation, and we recommend consulting with a qualified tax advisor.
We make every effort to use donated funds in accordance with our stated mission. However, we reserve the right to allocate donations to areas of greatest need within our organization unless the donor has specified a particular fund or purpose and we have agreed to that restriction in writing.
FINANCIAL TRANSPARENCY
As a 501(c)(3) organization (EIN: 33-3012209), we are committed to financial transparency. Our IRS Form 990 and annual reports are available upon request. Contact us at info@espritdcf.org.
IRS Public Inspection Notice: In accordance with federal transparency requirements, our IRS Form 990 and organizing documents are available for public inspection upon request. Contact info@espritdcf.org.
EDC SHOP
Merchandise and branded goods may be purchased through our online shop powered by Fourthwall. All orders, shipping, returns, and payment processing are subject to Fourthwall’s terms of service and policies. EDC is not responsible for shipping delays or third-party fulfillment issues.
PLATFORM SUSTAINABILITY AND ORGANIZATIONAL REVENUE
Operating a community platform requires ongoing investment in infrastructure, development, security, and support. As a 501(c)(3) nonprofit, EDC funds its operations through a combination of charitable contributions, grants, merchandise sales, and other revenue sources consistent with its tax-exempt purpose.
To sustain and grow the Platform, EDC reserves the right to introduce any or all of the following:
- Mission-Aligned Sponsorships and Advertising. EDC may display sponsored content, advertisements, and promotional materials from organizations whose services align with EDC’s mission, including but not limited to veteran-serving organizations, government agencies, educational institutions, employers, healthcare providers, and community partners. Sponsored content will be clearly identified as such.
- Grant Funding and Institutional Support. EDC may apply for and receive grants from government agencies, foundations, corporations, and other institutions to fund Platform development, community programs, and operational costs.
- Corporate and Organizational Partnerships. EDC may enter into partnerships with businesses and organizations that provide financial support, in-kind services, or resources in exchange for visibility, co-branding, or other forms of recognition on the Platform.
- Fundraising Campaigns and Donation Drives. EDC may conduct fundraising campaigns within the Platform, including targeted donation requests, matching gift promotions, and recurring giving programs.
- Enhanced Features and Premium Services. EDC may offer optional premium features, enhanced services, or additional functionality for a fee. Core community features will remain accessible to all members. Any paid features will be clearly identified and offered on an opt-in basis only.
- Affiliate and Referral Partnerships. EDC may participate in affiliate or referral programs with organizations that offer products, services, or resources relevant to the veteran and military family community. EDC may receive compensation for qualified referrals. Affiliate relationships will be disclosed.
- Event Sponsorships and Ticketed Events. EDC events may be sponsored by third-party organizations. EDC may charge fees for certain events, workshops, or programs. Sponsorship does not imply endorsement of the sponsor’s products or services beyond the scope of the partnership.
EDC does not sell, rent, or trade member personal information to advertisers, sponsors, or any third party. Advertising and sponsorship placement is determined by EDC based on mission alignment, not individual user data profiling. Aggregate, de-identified Platform usage data may be shared with sponsors and partners to demonstrate reach and impact.
EDC reserves the right to modify, expand, or discontinue any revenue programs at its discretion. Material changes to monetization practices that affect member experience will be communicated through the Platform and/or by updating these Terms of Service.
All revenue generated through these activities is used exclusively to support EDC’s charitable mission, including Platform operations, community programs, events, and services for veterans and military families.
INTELLECTUAL PROPERTY PROTECTION
All logos, trademarks, service marks, educational content, proprietary materials, branding elements, graphics, designs, software, and other intellectual property displayed on or made available through the Platform are the exclusive property of Esprit de Corps Foundation, unless otherwise noted. This includes materials associated with the Esprit de Corps Center for Learning, The Ranks member portal, and all EDC programs and initiatives.
You may not use, reproduce, distribute, modify, display, or create derivative works from any of EDC’s intellectual property without express written consent from Esprit de Corps Foundation.
Without limiting the foregoing, you specifically agree not to:
- Scrape, crawl, or use automated tools to extract content, data, or materials from the Platform
- Reproduce or redistribute EDC educational materials, resources, or proprietary content without written authorization
- Use EDC’s name, logo, or branding in any manner that suggests endorsement, affiliation, or sponsorship without prior written approval
- Misrepresent yourself as a representative, agent, or affiliate of Esprit de Corps Foundation
- Frame, mirror, or otherwise incorporate any portion of the Platform into another website or application without written consent
Unauthorized use of EDC’s intellectual property may result in civil liability and/or criminal prosecution under applicable federal and state intellectual property laws.
DMCA SAFE HARBOR AND COPYRIGHT POLICY
Esprit de Corps Foundation respects the intellectual property rights of others and expects its members to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, EDC will respond expeditiously to claims of copyright infringement committed using the Platform.
If you believe that content posted on the Platform infringes your copyright, you may submit a DMCA takedown notice to our designated copyright agent. Your notice must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit EDC to locate the material on the Platform
- Your contact information, including your name, address, telephone number, and email address
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Designated DMCA Agent:
Esprit de Corps Foundation
Attn: DMCA Agent
205 N. Michigan Avenue, Suite 810
Chicago, IL 60601
Email: info@espritdcf.org
Upon receipt of a valid DMCA takedown notice, EDC will promptly remove or disable access to the allegedly infringing material and notify the user who posted it. The affected user may submit a counter-notification if they believe the content was removed in error. EDC will follow the procedures outlined in the DMCA, including restoring removed content if no court action is filed within the statutory period after a valid counter-notification is received.
Repeat infringers. EDC maintains a policy of terminating the accounts of users who are repeat copyright infringers in appropriate circumstances.
NO LEGAL, MEDICAL, OR PROFESSIONAL ADVICE
The content on this Platform — including wellness resources, reintegration information, veteran support resources, mental health information, fitness guidance, community resources, and all other materials — is provided for general informational purposes only.
Nothing on this Platform constitutes or is intended to constitute:
- Legal advice or the practice of law
- Medical, psychiatric, or clinical advice, diagnosis, or treatment
- Financial, tax, or investment advice
- Professional counseling of any kind
- A substitute for the advice of qualified professionals
You should always seek the advice of qualified professionals regarding any legal, medical, financial, or other professional matters. Never disregard professional advice or delay in seeking it because of something you have read on this Platform or heard from another member. If you are in crisis or believe you may have a medical emergency, call 911 or contact the Veterans Crisis Line at 988 (then press 1) immediately.
EDC does not endorse, verify, or guarantee the accuracy of any information shared by members, including information shared by verified members in posts, comments, community boards, or direct messages. Interactions with other members — including verified professionals — through the Platform do not create a professional-client relationship of any kind.
EDUCATIONAL PURPOSE DISCLAIMER
Content provided through the Esprit de Corps Center for Learning (currently in development) and any other educational initiatives operated by EDC is offered for general educational and informational purposes only.
Educational content does not constitute specific recommendations, professional certifications, accredited coursework, or individualized guidance. The information presented is intended to provide general knowledge and awareness on topics relevant to veterans, military families, and community supporters — including but not limited to wellness, transition support, leadership, financial literacy, and community building.
Completion of any educational content or program offered by EDC does not confer a degree, professional license, certification, or credential unless explicitly stated in partnership with an accredited institution. Users should not rely on EDC educational content as a substitute for professional training, academic programs, or credentialed education in any field.
DISCLAIMER OF WARRANTIES
The Platform and all content, materials, information, and services provided on or through the Platform are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Esprit de Corps Foundation disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any information on the Platform is complete, accurate, or current. We do not warrant the accuracy, reliability, or completeness of any content posted by members, including information provided by verified members.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Esprit de Corps Foundation, its officers, directors, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of (or inability to access or use) the Platform
- Any conduct or content of any member or third party on the Platform, including posts, comments, messages, and interactions
- Any content obtained from the Platform, including information provided by verified members
- Unauthorized access, use, or alteration of your transmissions or content
- Any interactions, transactions, or disputes between members, whether arising from the social feed, community boards, direct messaging, events, or any other feature
- Any reliance on verification status or information displayed by verified members
- Changes to, suspension of, or discontinuation of the Platform or any features, including the points and tier system
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
By using the Platform, attending any events, or participating in any activities organized, hosted, sponsored, or promoted by Esprit de Corps Foundation, you acknowledge that you voluntarily assume all risks associated with such participation, including but not limited to risks of personal injury, illness, disability, death, property damage, or financial loss. This assumption of risk applies to all EDC activities, including but not limited to:
- In-person events such as the MURPH Festival, EDC Outdoors, Back to School initiatives, volunteer activities, community gatherings, fitness events, and any other events organized or co-organized by EDC
- Online interactions through the Platform, including The Ranks member portal, community boards, direct messaging, social feed, and any other digital features
- Use of any resources, referrals, connections, or information obtained through the Platform or EDC events
- Transportation to and from EDC events or activities
To the fullest extent permitted by applicable law, you hereby waive, release, and forever discharge Esprit de Corps Foundation, its officers, directors, board members, employees, volunteers, agents, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorney fees) of every kind and nature, whether known or unknown, arising out of or in any way related to your participation in EDC activities or use of the Platform. This waiver includes, without limitation, claims arising from the negligence (but not gross negligence or willful misconduct) of the Released Parties, and covers claims for personal injury, wrongful death, property damage, emotional distress, or any other loss or damage of any kind.
You acknowledge that EDC events and activities may involve physical exertion, outdoor environments, interaction with other participants, and other inherent risks. You represent that you are physically and mentally capable of participating in any activities you choose to engage in, and that you have not been advised against participation by a medical professional. If you have any medical conditions, allergies, or physical limitations, it is your sole responsibility to disclose them to event organizers and to take appropriate precautions.
If you are a parent or legal guardian consenting on behalf of a minor, you agree to this waiver and assumption of risk on the minor’s behalf and accept full responsibility for the minor’s participation.
EVENT PHOTOGRAPHY AND MEDIA RELEASE
By attending any Esprit de Corps Foundation event (including but not limited to MURPH Festival, EDC Outdoors, Back to School, volunteer activities, and community gatherings), attendees consent to being photographed, filmed, and/or recorded.
Images, videos, and recordings may be used by EDC for promotional materials, social media, the website, the member portal, newsletters, grant applications, and other organizational purposes.
Attendees grant EDC a perpetual, royalty-free, non-exclusive license to use their likeness in connection with the Foundation’s mission. This includes the right to crop, edit, composite, or otherwise modify images and videos at EDC’s sole discretion.
Attendees acknowledge that they may appear in group photographs, crowd shots, event footage, and background images in addition to individually identifiable media. EDC retains full editorial control over all event media and reserves the right to publish, distribute, and remove images and recordings as it determines appropriate in furtherance of its mission.
Removal Requests: If an attendee wishes to request the removal of specific images or media in which they appear, they may submit a request to info@espritdcf.org. To facilitate processing, removal requests should include:
- The event name and approximate date the media was captured
- A detailed description of the image or video, including identifying details such as clothing, location within the event, and nearby individuals
- A screenshot or direct link to the media, if available
- The reason for the removal request
EDC will make reasonable and good-faith efforts to accommodate removal requests from EDC-controlled platforms and materials. However, EDC cannot guarantee removal from third-party platforms, cached or archived versions, previously distributed print materials, or media that has been shared or republished by others. A successful removal request for one image does not create an obligation to identify and remove all images in which the requester may appear.
Removal requests are handled administratively at EDC’s discretion. Attendees agree that the use of event photography and media shall not give rise to any legal claim, lawsuit, or cause of action against EDC, including but not limited to claims for invasion of privacy, right of publicity, defamation, or any other cause of action.
By attending an event, attendees acknowledge and agree to these terms regardless of whether they have created a Platform account.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Esprit de Corps Foundation, its officers, directors, board members, employees, volunteers, agents, representatives, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorney fees, court costs, and costs of investigation) arising out of or in connection with:
- Your use of the Platform or participation in any EDC events or activities
- Any content you post, upload, transmit, or otherwise make available through the Platform, including posts, comments, messages, images, and profile information
- Your violation of these Terms, any applicable law, or any rights of a third party
- Your interactions, transactions, or disputes with other members of the Platform, whether online or in person
- Any misrepresentation made by you regarding your identity, military service, organizational affiliation, qualifications, or any other information
- Any claim by a third party that your content or conduct on the Platform infringes or violates the intellectual property rights, privacy rights, or other legal rights of any person or entity
This indemnification obligation shall survive the termination of your account and your cessation of use of the Platform. EDC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with EDC’s defense of such claims. You shall not settle any such claim without EDC’s prior written consent.
DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact EDC at info@espritdcf.org and provide a written description of the dispute, including relevant documents and information, and the proposed resolution. EDC will similarly provide you with a written description of its position. Both parties agree to negotiate in good faith for a period of at least thirty (30) calendar days from the date of the initial notice (“Informal Resolution Period”). No arbitration or legal proceeding may be commenced until the Informal Resolution Period has expired.
Binding arbitration. If the dispute cannot be resolved through informal negotiation, you and EDC agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, your participation in EDC events or activities, or any aspect of your relationship with EDC (including disputes arising prior to the effective date of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth below regarding small claims court. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this section. The AAA Rules are available at www.adr.org.
The arbitration shall be conducted by a single, neutral arbitrator in Cook County, Illinois, or, if mutually agreed upon by both parties, by videoconference or telephone. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Waiver of jury trial. By agreeing to arbitration, you and EDC each waive the right to a trial by jury. You and EDC also waive the right to litigate disputes in court (except for small claims court as described below).
Small claims court exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Cook County, Illinois, for disputes or claims that are within the jurisdictional limits of small claims court, provided that the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.
Arbitration costs. EDC will pay all AAA filing fees and arbitrator costs for claims under $10,000, unless the arbitrator determines that the claims are frivolous. If you prevail in arbitration, EDC will pay your reasonable attorney fees and costs. Each party is responsible for its own attorney fees in all other circumstances, unless the arbitrator determines otherwise in accordance with applicable law.
Opt-out. You may opt out of this arbitration provision by sending written notice to info@espritdcf.org within thirty (30) days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, you and EDC may litigate disputes in court, subject to the governing law and venue provisions of these Terms.
WAIVER OF CLASS ACTION
YOU AND EDC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You and EDC each waive the right to participate in a class action, class arbitration, or any other representative or consolidated proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this waiver of class action is found to be unenforceable with respect to a particular claim or request for relief, then that claim or request for relief shall be severed and adjudicated in a court of competent jurisdiction in Cook County, Illinois, while the remaining claims shall proceed in arbitration.
This waiver applies to all claims arising out of or related to these Terms, the Platform, EDC events, or your relationship with EDC, regardless of when such claims arose.
LIMITATION ON TIME TO FILE CLAIMS
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms, the Platform, your participation in EDC events or activities, or your relationship with EDC must be filed within one (1) year after the date the cause of action accrued (i.e., the date on which the event giving rise to the claim occurred or, if later, the date on which you knew or reasonably should have known of the event giving rise to the claim). Any claim not filed within this one-year period is permanently barred. This limitation applies to all claims, whether brought in arbitration, small claims court, or any other forum.
EXTERNAL LINKS
The Platform may contain links to third-party websites or services that are not owned or controlled by Esprit de Corps Foundation, including links shared by members in posts, profiles, or messages. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Inclusion of any link does not imply endorsement by EDC.
GOVERNING LAW AND VENUE
These Terms, and any disputes arising out of or relating to these Terms, the Platform, or your relationship with EDC, shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict of law principles or provisions. This governing law provision applies regardless of your state or country of residence or the location from which you access the Platform.
Subject to the binding arbitration provisions above, any legal action or proceeding arising out of or relating to these Terms or your use of the Platform that is not subject to arbitration shall be brought exclusively in the federal or state courts located in Cook County, Illinois. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.
SEVERABILITY
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any single provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Esprit de Corps Foundation regarding your use of the Platform, participation in EDC events, and your relationship with EDC. These Terms supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and EDC with respect to the subject matter hereof.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of EDC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
CONSENT BY USE
By creating an account on the Platform, attending any EDC event, participating in any EDC activity, making a donation, purchasing merchandise, or otherwise using any services provided by Esprit de Corps Foundation, you acknowledge and confirm that:
- You have read these Terms of Service in their entirety
- You understand all of the terms and conditions contained herein, including the assumption of risk and waiver of liability, the binding arbitration clause, the waiver of class action rights, and the limitation on time to file claims
- You voluntarily agree to be bound by these Terms
- You are of legal age to enter into a binding agreement, or, if you are a minor, that your parent or legal guardian has reviewed and agreed to these Terms on your behalf
- You understand that by agreeing to the arbitration clause, you are waiving your right to a trial by jury and your right to participate in a class action
Your continued use of the Platform or participation in EDC events and activities after any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree with any provision of these Terms, you must immediately discontinue use of the Platform and cease participation in all EDC events and activities.
CHANGES TO THESE TERMS
We reserve the right to update or modify these Terms at any time. When we make changes, we will update the “Effective Date” at the top of this page. For material changes, we may also notify registered members through The Ranks notification system or via email. Your continued use of the Platform after any changes indicates your acceptance of the new Terms. We encourage you to review these Terms periodically.
CONTACT US
If you have any questions about these Terms of Service, please contact us:
Esprit de Corps Foundation
205 N. Michigan Avenue, Suite 810
Chicago, IL 60601
Email: info@espritdcf.org