Waiver Agreement(Including assumption of risks and agreements of release and indemnity)
Please read this document carefully.
In consideration of signing up for and using the Outschool (and any related) application(s) developed by Outschool.com on your mobile phone or other personal computing or media device (each a “Device”) through the arrangement between UAW/UMass Health & Welfare Trust Fund (the “Fund”) and Outschool.com, Inc. (collectively with the Outschool applications, “Outschool”), I for myself, my heirs, personal representatives and assigns acknowledge and agree as follows:
I understand that I must follow all Outschool policies, rules, and regulations. I understand the risks of downloading and using Outschool include, without limitation, the possibility of downloading a virus or other file(s) that may corrupt my Device. I understand that any such corruption may cause my Device to malfunction or weaken its security, which may expose any information stored or imputed into my Device to a third parties. My use of Outschool is voluntary. I hereby acknowledge the risks described above and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered. I expressly knowingly assume all the risks, known and unknown, inherent or not, and whether or not described above, of the use of Outschool. I, my heirs, personal representative or assigns do hereby agree (to the maximum extent allowed by law), to release and discharge the Fund from, and covenant not to sue (or otherwise assert a claim against) the Fund, its trustees and its staff with respect to, any and all claims, liabilities and losses in any way arising from or connected with my download or use of Outschool. I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the Fund, its trustees and its staff from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from my download or use of Outschool.
I acknowledge and agree that I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me and my family, heirs, executors, administrators and representatives. I agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of Massachusetts and if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.