TERMS OF USE (T09272026V10)

Last updated October 13, 2026

 

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE STUDENT WELLNESS SOLUTIONS SITES AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS, AS DESCRIBED IN SECTION 16.6. PLEASE READ CAREFULLY.

These Student Wellness Solutions Terms of Use (“Terms”) govern access to and use of the Student Wellness Solutions, LLC (hereinafter “SWS,” “we” or “us”) website located at www.StudentWellnessSolutions.com (the “Site”), and various Student Wellness Solutions services (the “Services”) by Site visitors (“Site Visitors”), groups, or organizations (“Group Clients”) that purchase Services from Student Wellness Solutions through a customer agreement, and all other persons who access or submit information to Student Wellness Solutions on behalf of a Customer, individuals who create either a free or paid account (“Account”) on the Student Wellness Solutions Site (“End Users”), and student users who utilize the Student Wellness Solutions Services through an Account set up by a Group Client (“Student Users”), and parents or legal guardians who purchase a Family Plan or give consent for a child’s account (“Parents”). Children’s accounts created by or with the consent of a Parent are “Child Accounts.” 

By using the Site or any Student Wellness Solutions Services, you as a Site Visitor, Customer, Authorized User, Group Client or End User, accept these Terms (whether on behalf of yourself, a legal entity you represent, or a Student User). An “Authorized User” of a Customer or Group Client is an individual natural person, over the age of eighteen (18), whether an employee, business partner, contractor, or agent of a Customer who is registered or permitted by the Customer to use the Student Wellness Solutions Services subject to these Terms. Customers, Site Visitors, Authorized Users, End Users, and Student Users may be referred to in these Terms as “you” and “your” as applicable.  For the avoidance of doubt, all references to the “Site” in these Terms also includes any Student Wellness Solutions services offered through the Site. 

If you are a Customer or user and you or your organization are bound by a customer agreement with Student Wellness Solutions (“Customer Agreement”), then these Terms will apply, if at all, only to the use of the Site or any Student Wellness Solutions Services to the extent such use is not already governed by such Customer Agreement.

BY ACCESSING, USING, DOWNLOADING, OR UPLOADING ANY INFORMATION FROM OR TO THE SITE, OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE AND SERVICES IMMEDIATELY.

1.  Acceptance of Terms.

Please check these Terms periodically for changes.  If you do not agree to the Terms, please do not use the Site, as you are not authorized to do so.  By using the Site, you acknowledge that you have read, understood and agree to these Terms.  If we make a material change to these Terms, we will ask you to agree to the new version the next time you use the Site while signed in, and your continued use of the Site after you agree constitutes acceptance of that change.

2.  Credentials & Passwords.

You agree that at all times you shall keep confidential and maintain control over all user names and passwords used to limit your use, and your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords.  You are not permitted to loan, lend or lease your account for any other to use under any circumstances. You may not share access to your account, except when engaged in a supervised co-viewing activity with a child under the age of 13, whom you have legal guardianship over. A Parent may create, manage and reset the sign-in details (including PINs) of their Child Accounts. You agree to immediately notify SWS of any disclosure to, or use of, any such usernames or passwords by any other individual.  You are responsible for loss or damage caused by your failure to meet these obligations.

3.  Privacy Policy.

3.1 Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found at https://www.studentwellnesssolutions.com/privacy/. Information about children under 13 is handled as described in our Children’s Privacy Notice at https://www.studentwellnesssolutions.com/coppa/.

3.2 Sponsored Group Accounts and Institutional Reporting. By registering for an account using a custom link, access code, or sponsorship token provided by a Group Client, or by signing into an account that was created for you by a Group Client, you explicitly acknowledge and agree to the following terms:

1. 1. 1. Consent to Share Progress: You grant Student Wellness Solutions permission to share your course progress and completion milestones with the Group Client. Group Clients see students by Student ID (a code with no name in it); your name and email address are not shown to the Group Client.
      2. Condition of Sponsored Access: You understand that this data sharing is a required condition for utilizing the free access subsidized by the Group Client. If you do not wish to have your course progress shared with your sponsoring Group Client, you must not use the sponsored registration link or Group Code, and instead purchase an independent, non-sponsored account. You may revoke the group client’s access to your data at anytime by emailing advisor@studentwellnesssolutions.com and identifying the group to remove from your account. Note that the removal of this group from your profile will also revoke access to any content provided under that Group Client license.

3.3 Group Client’s Access to Information. You agree that any user information accessed by a Group Client, or any representative, agent, advisor or anyone otherwise acting on behalf of a Group Client, shall only be used for the purposes of offering and evaluating educational access to the services at StudentWellnessSolutions.com. Under no circumstances may this information be used, converted, repurposed, sold or shared for commercial marketing purposes, or any purpose other than the facilitation of SWS services.

3.4 Group Client Safeguarding of User Data. You agree to maintain safe control over any user data accessed, and to employ reasonable methods to prevent any such data from being accessed, shared, stolen or otherwise used by any person, for any purpose other than the administration of SWS services on this site. Any downloads or reproductions of user data must be safeguarded at all times, and destroyed when no longer in use.

• • • • Adult Gatekeeper Required for Group Client Access to Data: A Group Client’s access to user data, progress reports and records must be by an adult account holder, over the age of 18, subject to the laws of the United States.

• • • • Access to Data by Those Outside of the United States. Under no circumstances may SWS data, or data maintained by SWS services be accessed, retrieved, viewed, shared or stored outside the territories of the United States.

3.5 Student IDs. A Group Client may not attempt to identify a student from a Student ID, from report details, or by combining information from the Site with any other information.

4.  Eligibility; Use of the Site.

4.1.  Eligibility to Use the Site.  By using the Site, you represent and warrant that you are 13 years of age or older and competent to agree to these Terms, or that you are using a Child Account created by, or with the verified consent of, your Parent through SWS’s parental consent process. Children under 13 may not create an account themselves. Accounts for children under 13 are offered only (a) through a Group Client license on which accounts for students under 13 have been turned on, after SWS obtains verifiable parental consent directly from the Parent, or (b) through a Family Plan purchased by a Parent. Nothing described herein is meant to prohibit the supervised co-viewing of SWS content by an adult, using their adult account, in the presence of child in their supervision.

• • • • No Child Data Input: Child Accounts hold no name, email address, telephone number, photograph or home address. Users are strictly prohibited from inputting, typing, or uploading any personally identifiable information (PII) belonging to anyone under the age of 13, anywhere on the platform, other than the information a Parent gives in SWS’s parental consent process and the first name or nickname a Parent chooses for a Family Plan child account.

• • • • Co-Viewing Data: Any session data or cookies generated during Co-Viewing activities are legally and technically attributed solely to the adult account holder’s device and profile. SWS does not use analytics, advertising or behavioral tracking. Except for Child Accounts, SWS accounts may not be created or accessed using emails or devices that are otherwise used exclusively by a person under the age of 13.

4.2.  Using the Site on Behalf of a Group or Organization.  If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are competent and authorized to agree to these Terms on that organization or entity’s behalf, and to bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).  Additionally, if you sign up student users on behalf of a Group or Organization, you represent and warrant that those users meet the eligibility criteria of our website and that you have obtained any and all legally required consents and authorizations, where appropriate, from a user’s parent or guardian prior to enrolling such student as a Site user. For students under 13, SWS obtains parental consent directly from the Parent; a Group Client must not collect consent or information from children on SWS’s behalf. A Group Client that chooses the option “our school holds parent consent” for students 13 to 17 confirms that it holds that written consent and will provide it to SWS on request.

4.3.   Group Clients Offering or Creating Student Accounts. A Group Client may not invite or enroll a user under the age of 13 unless accounts for students under 13 have been turned on for its license, and then only by directing the Parent to SWS’s parental consent process. If you become aware of an account created or used by any person under the age of 13 without that consent, you agree to notify us immediately so that we may take action to delete the account. Notifications can be made to advisor@studentwellnesssolutions.com

4.4.   Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your non-commercial personal use, or your internal business purposes (where applicable) and only as expressly permitted in these Terms and any applicable Customer Terms. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms or Customer Terms. If you are or become a direct competitor of SWS, you may not access or use the SWS Services without SWS’s explicit, advance, written consent, and then only for the purposes authorized in writing. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with SWS’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

4.5. Family Plan. A Parent may purchase a Family Plan and create Child Accounts for up to five (5) children, each identified by a nickname. By purchasing, the Parent gives consent for SWS to collect and use each child’s information as described in our Children’s Privacy Notice. The Parent can see each child’s progress and quiz answers, set sign-in PINs and passwords, choose the courses available to each child, and remove a Child Account at any time. Child Accounts end with the Family Plan and are deleted fourteen (14) days after the plan ends unless it is renewed.

5.  Student Wellness Solutions Content.

You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “SWS Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  You agree that as between you and SWS, SWS is the owner of SWS Content.  You may not reproduce, distribute, republish or retransmit any SWS Content or materials posted at the Site except as expressly permitted herein.  Except as expressly authorized by SWS herein or under Customer Terms, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or SWS Content.  Systematic retrieval of data or other SWS Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SWS is prohibited.

6.  Third Party Sites/Information.

The Site may provide links to, or information gathered from, other sites on the Internet.  SWS makes no representations whatsoever about these sites or this information.  Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive.  The provision of links to, or information gathered from, other sites on the Internet should not imply SWS’s endorsement of any such sites or any association between SWS and these other sites’ operators.  These sites are not under the control of SWS, and you acknowledge that SWS, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites.  You also acknowledge that SWS, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.

7.  Posting Guidelines. 

SWS may host message boards, chats, and other public forums on the Site and SWS’s social media accounts. You agree not to post any (a) defamatory, abusive, profane, threatening, offensive, or illegal materials or information; (b) statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning; or (c) any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner.  When you post content on the Site or provide information to SWS, such as reviews or survey feedback, it belongs to you; however, you grant permission to SWS to use that content in connection with our Site.  Accordingly, you grant SWS a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with our Site and Services.  You represent and warrant that you have all the necessary rights to grant SWS the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.  For the sake of clarity, the foregoing paragraph does not apply to “End-User Data” (defined below), which is provided by Customers, Authorized Users, and End Users in connection with SWS Services.

8.  Payment Terms for Student Wellness Solutions Services.

8.1.   Service Levels. The prices, features, and options of the SWS Services depend on the service level selected by you, as well as applicable Customer Terms, if any. SWS does not represent or warrant that a particular service level or application will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular service in accordance with the Customer Terms.  Please check the Site for current pricing information.

8.2.  Access.  Access to the SWS Services is granted upon SWS’s receipt of payment.  Access ends when the term you purchased expires or, for a plan that renews automatically, when you cancel the renewal or a renewal payment is not made. When a Group Client license ends, any student accounts that had been granted access only through that Group Client are deleted fourteen (14) days after the license ends, unless the license is renewed first. For students aged 13 and older, we do not delete sooner than fourteen (14) days after we email the student (where we have an email address). For these students, we keep the account if the student obtains their own paid access, and we pause deletion for up to thirty (30) days, twice at most, if the Group Client tells us that a renewal is in progress. A Child Account, and the account of a student aged 13 to 17 created through SWS’s parental consent process, is also deleted automatically after 12 months of inactivity, even while a license or Family Plan is active (we email the parent 30 days first). See our Data Retention Policy.

8.3.   Customer Accounts. Fees are due when you purchase and, if your plan renews, when it renews.

8.4.  Service Fees.  All subscription and service fees are non-refundable, except as follows. 24-Hour Money-Back Guarantee: if you purchase an individual All Access Pass and decide that the first lessons do not meet your expectations, contact us within twenty-four (24) hours of your purchase and we will refund your purchase price. The one-time card verification charge a Parent pays when giving consent for a child’s account is a verification fee and is not refunded. In the event of a service interruption, for any reason, SWS is only obligated to extend, upon your documented request, continued access to the products or services purchased from SWS for a period equal to the number of days in which a User was unable to access SWS services. For the purposes of this section, a “loss of service” shall be defined as a complete failure of all SWS services at StudentWellnessSolutions.com, and shall not be deemed to apply to any singular site function or service.

9.  Customer and End User Warranties.

You hereby represent and warrant to SWS that: (a) you have all requisite rights and authority to use the Site and SWS Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the SWS Services associated with your Account, and the Accounts of your Authorized Users and Student Users (if applicable); (c) you are solely responsible for maintaining the confidentiality of your Account name(s) and password(s); (d) you agree to immediately notify SWS of any unauthorized use of your Account of which you become aware; (e) you are responsible for losses caused by a third party’s use of your Account that results from your failure to keep your sign-in details confidential; (f) you will use the SWS Services for lawful purposes only and subject to these Terms and any applicable Customer Terms; (g) any information, including documents, that you submit, upload, or send to SWS is true, accurate, and correct (with the exception that account information may include a nickname or other proxy name); and (h) you will not attempt to gain unauthorized access to the Site or the SWS Services, other Accounts, computer systems, or networks under the control or responsibility of SWS through hacking, cracking, password mining, or any other unauthorized means.

10.  End-User Data.  

When you upload content to the Site or provide information to SWS about yourself, including but not limited to your name, address, contact information and usage patterns (“Data”), or authorize a SWS Customer or Authorized User to submit Data to SWS on your behalf, you grant permission to SWS to use that Data only to provide, secure and improve our Services and for the other purposes described in our Privacy Policy, including showing a student’s course progress, identified by a Student ID, to the leaders of a Group Client while its license is active. Accordingly, you grant SWS a non-exclusive, royalty-free license to host, store, copy, process, display and transmit Data, and to allow our service providers to do so on our behalf, solely for those purposes. This license ends when the Data is deleted under our Data Retention Policy, except for any copy the law requires us to keep. You represent and warrant that you have all the necessary rights to grant SWS the foregoing license for all Data you submit in connection with the SWS Services and will indemnify us for any breach of this representation and warranty. You acknowledge that if you enter a Group Code on your student profile, or access any course content using a Group License, you consent to the sharing of your course progress data, identified by a Student ID, with the Group Client that issued the code or provided your access.

11.  Student Wellness Solutions Disclaimer of Warranties.

THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. STUDENT WELLNESS SOLUTIONS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  SECTION 12.3 LISTS WHAT THIS SECTION DOES NOT EXCLUDE.

12.  Limitation of Liability.

12.1. Indirect losses. Except as stated in Section 12.3, SWS, its affiliates and its licensors are not liable for indirect, incidental, special or consequential damages, or for lost profits, goodwill, use or data, including those resulting from: (i) the use of, or inability to use, the Site; (ii) your reliance on information or other content on the Site; (iii) the cost of substitute goods or services; (iv) unauthorized access to, or loss or alteration of, your transmissions or data, including Data, such as in a data security incident; (v) statements or conduct of any third party on the Site; or (vi) any other matter relating to the Site.

12.2. Limit on the amount. Except as stated in Section 12.3, SWS’s total liability for any claim relating to the Site or the SWS Services, including any claim arising from a data security incident, is limited to the actual damages you suffered, up to the amount you paid SWS for the service the claim concerns.

12.3. What these limits do not cover. Sections 11 and 12 do not limit or exclude liability that the law does not allow to be limited or excluded, including liability for gross negligence, willful misconduct or fraud, and remedies that a law (including the New Jersey Consumer Fraud Act) gives you and does not allow you to waive. Sections 11, 12 and 13 apply as written in New Jersey and in every other state.

No content on the site is intended, and none should be misconstrued, as representing legal, medical, psychological or any other form of advice for which licensing or professional credentials are otherwise required. No guarantee is made or suggested regarding the effectiveness or individual applicability of statements, inferences or content of any kind displayed or conveyed through the site.

13.  Indemnity.

You agree to defend, indemnify and hold SWS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party that arises from (a) your violation of these Terms, or a violation by your Authorized Users; or (b) your infringement of any intellectual property or other right of any person or entity. A Student User under 18 has no obligation under this Section. SWS reserves the right, at its 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 SWS in asserting any available defenses.

14.  International Use.

SWS is headquartered in the United States and stores and processes End User Data in the United States. Site Visitors, Customers, Authorized Users, End Users, and Student Users who access the Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws regarding the collection and transmission of Data.

15.  Copyright Policy.

SWS respects the intellectual property rights of others and expects visitors to its Site to do the same. SWS will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to SWS using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

SWS reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. SWS may also terminate a repeat infringer’s Account. SWS’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at advisor@studentwellnesssolutions.com 

16.  Mandatory Arbitration, Waiver of Class Actions. 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1.       Scope.  This Section 16 is intended to be interpreted broadly and governs any and all disputes between SWS and Site Visitors, Customers, Group Clients and End Users, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms; and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are certain intellectual property disputes (Section 16.5), Claims of anyone who opts out (Section 16.6), and Claims between SWS and a Group Client that is an organization (Section 16.8).

16.2.  Pre-Arbitration Procedure.  We hope that we can resolve any disputes with you without resorting to arbitration.  If you have an issue or a complaint, you agree to contact us at advisor@studentwellnesssolutions.com before taking formal action in accordance with paragraph 16.3.  In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). SWS agrees to use reasonable efforts to address your issue or complaint. 

16.3.  Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below.  You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 220 Davidson Avenue, 1^st Floor, Somerset, New Jersey, 08873, or its successor.  Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable.  All fees charged by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable.  All fees charged by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement.  EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.

16.4.   Class Action Waiver. You and SWS expressly waive the right to file a class action or seek relief on a class basis. YOU AND SWS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

16.5.   Intellectual Property Exclusion.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, SWS may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.

16.6.   Right to Opt Out. You may opt out of arbitration under this Section 16 by emailing advisor@studentwellnesssolutions.com within thirty (30) days after you first accept these Terms. Include your name, the email address or username on your account, and a clear statement that you opt out of arbitration. A parent or legal guardian may opt out on behalf of a minor. If you opt out, Claims between you and SWS will be resolved in the courts named in Section 19, and the Class Action Waiver in Section 16.4 and every other part of these Terms continue to apply.

16.7.   Mass Filings. If twenty-five (25) or more similar Claims are filed against SWS by or with the help of the same or coordinated lawyers or organizations, those Claims shall be administered under the AAA’s supplementary rules for mass or multiple-case filings then in effect, together with the Consumer Arbitration Rules.

16.8.   Organizations. This Section 16 does not apply to Claims between SWS and a Group Client that is a business, school, government body or other organization (as opposed to an individual). Those Claims shall be resolved in the courts named in Section 19. A School Data Privacy Addendum signed by SWS and a school governs that school’s disputes as set out in it.

This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site. 

17.  Modifications to Service.

SWS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, with or without notice.  You agree that SWS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or some or all of the Services offered through it.

18.  Severability and Integration.

These Terms, along with SWS’s Privacy Policy, FERPA Statement, Children’s Privacy Notice, Group Client Terms and Customer Agreement (if applicable), constitute the entire agreement between you and SWS with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and SWS with respect to the Site.  If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19.  Governing Law; Exclusive Jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Any dispute between SWS and Site Visitors, Customers, Group Clients and End Users arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in the State of New Jersey, the jurisdiction and venue of which the parties hereby irrevocably consent to for this purpose. If this Section 19 and Section 16 differ, Section 16 controls.

20.  Contact Information.

If you have any questions or should you need any additional information about issues relating to the Site, please contact us at:

advisor@studentwellnesssolutions.com or

551-350-0898, or P.O. Box 414, Morris Plains, NJ 07950.

21.  Electronic Notices.

By accepting these Terms, you agree that SWS may give you notices, disclosures and other communications electronically, by email to the address on your account or by posting them on the Site, including any notice the law requires, such as notice of a security incident. Electronic notices satisfy any requirement that a notice be in writing. For a child’s account, notices go to the parent or legal guardian who created it. To receive these notices you need internet access, a current web browser and an email account that accepts messages from studentwellnesssolutions.com. Keep your email address current in your account or by emailing advisor@studentwellnesssolutions.com. You may ask for a free paper copy of any notice, or withdraw this consent, by emailing the same address; if you withdraw it, we may need to close your account, because we provide the Services online.