Terms of Service
- LearnDesk, Inc. and its affiliates ("LearnDesk") operates this website (the "LearnDesk Site") as a part of the LearnDesk portfolio of websites (collectively, the "Site", or “Sites”) and the services related to or offered on the Sites (hereinafter, the "Service" or “Services”). Some of the Sites are websites that we may operate on behalf of third party licensors (collectively, "Licensors", such Licensors together with LearnDesk, "us" or "we"). LearnDesk's Services may include, without limitation, tools, applications, email services, bulletin boards, message boards, chat areas, news groups, forums, communities, calendars, downloadable mobile applications, video streaming services, audio streaming services, downloadable content, and online, or offline classes related to the Site or provided through the Site.
- Site offers an open platform for users, learners, teachers, educators and creators to discover, buy, sell, and share their original content for learning and teaching, classroom decor, and supplies for creating such works ("Class", "Classes", “Resource”, "Resources", or "Content"). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. Site may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” Site at no time owns or sells Resources for or on behalf of our Sellers.
- These Terms of Service (“TOS”) govern your use of any of the Sites and Services that are provided by Site.
- We may, at our sole discretion, modify TOS at any time. We will notify you of changes by posting an announcement on the Services or sending you an email or by updating this page. By accessing the Services at any time after such modifications, you are agreeing to be bound by the updated Policy. This TOS was last modified on April 25, 2020.
- We reserve the right to refuse to provide the Services to any person for any reason and/or to discontinue the Services in whole or in part at any time, without or with prior notice.
User Content, Copyright, and Licenses
- Services offered on Site, in their entirety, are protected by trademark laws, international copyright, and other proprietary rights. The owners of the trademarks and copyrights are Site, its affiliates, and/or other third party licensors including but not limited to class or content creators. YOU MAY NOT COPY, REPRODUCE, MODIFY, REPUBLISH, UPLOAD, POST, DISTRIBUTE, OR TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING VIDEO CONTENT, TEXT (INCLUDING PDF OR OTHERWISE), GRAPHICS, AUDIO CONTENT, CODE AND/OR SOFTWARE. You may print portions of the material from the different areas of the Services solely for your own non-commercial. You cannot change or delete any copyright or proprietary notices from the materials. You cannot share any materials that you paid for with anyone else who has not purchased a license for that material.
- You may not copy or gather any data or content on or related to the Services in a manner not authorized by Site in writing. YOU CANNOT USE ANY ROBOTS, SPIDERS, DATA MINING, EXTRACTION TOOLS, MANUAL PROCESSES, DATA GATHERING TOOLS, SCREEN SCRAPING, DATABASE SCRAPING, TO COLLECT DATA OR CONTENT, LIST OF USERS, PORTIONS OF DATABASE, OR ANY OTHER INFORMATION FROM SITE.
- You may not use any framing techniques to enclose any logo, trademarks, or other proprietary information (including images, text, page layout or form) of Site or its affiliates without express written consent. You may not use any other “hidden text” or meta tags that utilize the Site name or trademarks without the express written consent of Site.
- Content submitted by users on the Service (including, without limitation, any information submitted on message boards, forums, questions, answers, reviews, or other public areas of the Service) is sometimes referred to in these TOS as “User Content.” All User Content is subject to these TOS, whether or not published on Site. User Content does not include class or other content offered for sale or as free downloads on the Site.
- Site does not guarantee any confidentiality with respect to User Content. You are solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Content, including the right to authorize Site to use the User Content in the manner contemplated by the Service and this TOS.
- You hereby grant to Site a royalty-free, non-exclusive, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any User Content or any other materials or information you communicate to Site by all means and in any media now known or hereafter developed. This includes, without limitation, ideas for new or improved products or services that may or may not be offered by Site.
- You also grant Site the right to use your name in connection with the submitted materials or any other information as well as in connection with all marketing, advertising, and promotional material related thereto. You agree that you shall have no recourse against Site for any alleged or misappropriation of any proprietary rights or actual infringement in your communications to Site.
- Site neither endorses nor assumes any liability for the contents of any User Content. We generally do not monitor, pre-screen, or edit User Content. However, we and our agents have the right at their sole discretion to remove any User Content or other content that, in our judgment, does not comply with these TOS, does not comply with any other rules of user conduct for the Service or is otherwise inaccurate, objectionable, or harmful.
- Site is not responsible for any delay or failure in removing any User Content or other content. You hereby consent to such removal at Site’s discretion and waive any claim against us arising out of such removal of any User Content, whether it is your own or of another user’s.
- Site does not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). You must provide a written communication to the attention of “DMCA Infringement Notification Department” sent to email@example.com. Your communication should set forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
The following terms apply to all users including your use of the Service:
- You are human and are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site.
- Accounts registered by automated methods or “bots” are not permitted.
- You agree to be responsible for maintaining the security of your account and password. Any actions taken by your account will be deemed to be taken by you. Site will not be liable for any loss or damage from your failure to comply with this obligation.
- You are solely responsible for the substance of your communications through Site.
- You will not impersonate any other person or entity, including any of Site employees or Site representatives.
- You can join Site as a "Buyer" to use our Services for purchasing and downloading Content. A Buyer Account ("Buyer Membership") is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Members, your School, or an Organization, and enjoy other features and services we may offer.
- Buyer is responsible for paying any amounts due, including any applicable taxes, when they make purchases on Site. When Buyer makes a purchase on Site, they will be charged the list price for each item as well as applicable state and local sales taxes, and any fees associated with your order. By placing an order, Buyer represent and warrant that the billing information they have provided is accurate.
- Site enables Sellers to collect sales tax on applicable orders in locations where they have designated an obligation. Site is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. In some cases, for states with applicable marketplace collection laws, Site will calculate, collect, and remit applicable sales tax. Where sales tax applies to your order, the amount of tax due will be estimated at checkout and may differ from the final sales tax amount that will be charged when your order is processed. Where sales tax is not collected, Buyer is solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
- You can obtain additional capabilities that allow you to offer and sell Resources through our Services as a “Seller” ("Seller Membership"). Site reserves the right to modify your Seller Membership type at any time at our discretion.
- Seller Memberships have all the same features of Buyer Memberships plus the ability to upload and sell Classes, Resources, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The tools and features available to a Seller depend on the Seller’s chosen Membership level.
- We reserve the right, at any time, to change any fees or charges for using any Services provided on the Site. We reserve the right to begin charging fees for any free Service. Such changes will not apply to free Services used prior to the time of the change.
- You will use Site only for lawful purposes. You agree to not use the Site in any way that will infringe upon the rights of any other user or their use.
- Your use of the Site is subject to all applicable laws and regulations.
- You will not upload any proprietary, trademarked, or copyrighted materials on Site without the expressed permission of the owner.
- You will not post any Content on the Site that infringes on any trademark, patent, copyright, trade secret, intellectual property, the right of publicity, or other proprietary rights of any party.
- You will not engage in any unauthorized solicitation, junk or bulk email (also known as “spamming”), unsolicited advertising or similar behavior, chain letters, or any form of gambling or lottery.
- You will not partake in any behavior that is abusive, threatening, tortious, unlawful, constitutes harassment, be construed as defamation or deception, be libelous, fraudulent, or invasive of anyone else’s privacy. This includes any behavior that harasses, degrades, victimizes, or intimidates an individual (or group of people) on the basis of race, gender, religion, sexual orientation, ethnicity, age, and or disability.
- You may not partake in any behavior that contains explicit or graphic descriptions or accounts of sexual acts. This includes sexual language, violent or vulgar language, the language of a threatening nature that is directed at another individual or group of individuals.
- You will not share any computer code, files, programs, or software viruses that are designed or intended to disrupt, damage, or limit the functioning of Site. This includes but is not limited to any software, hardware, or telecommunications equipment. This also includes unauthorized access to any data or other information of any Site user or a third party.
- Users who violate systems or network security may be held liable for criminal or civil liabilities or penalties.
- You will not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service.
- You shall not interfere with anyone else’s use of the Service.
- You will not copy any class materials or other Content for purposes of offering your own or others’ classes or content.
- Participation in a class or using any Content from the Site is at your sole risk. Site does not supervise classes or Content and is not involved in any way with the actions of any individuals at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes. We request that you exercise good judgment and caution when participating in classes or using any content.
- You acknowledge and agree that by participating as a student you may be exposed to a variety of risks and hazards. These may or may not be foreseen. These may include (without limitation) property damage, personal injury, and death.
- You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SITE AND EACH OF THE OTHER SITE PARTIES FROM ANY DAMAGES OR CLAIMS OF ANY KIND OR NATURE, UNKNOWN OR KNOWN, UNSUSPECTED OR SUSPECTED, UNDISCLOSED OR DISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
- You waive California Civil Code Section 1542 (If applicable), which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Account Terms for Teachers and Content Creators
The following terms apply when you publish a Class or upload Content for sale on Site:
- Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. Site does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.
- Uploading or posting content on the Site does not exclude the Content to be sold through other means. Creators are free to sell Content anywhere else.
- When you post or upload Content to Site, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Resource in your store and in search results, to make your Resources available for streaming, download, and to display and promote your Resources through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns.
- You will not refuse participation by any student for illegal reasons or to discriminate. You will honor any enrollments through Site at the price and time listed in the Services.
- Any Content you submit to the Site will not contain copyrighted material or material whose rights are held as third party proprietary rights. You agree to only submit Content to Site where you are the owner of applicable rights or you have permission from the rightful owner of the materials. Site provides a service to connect instructors who are the owner of applicable rights or you have permission from the rightful owner of the materials with students.
- Site reserves the right to delete the listing of any Class or Content for any reason and at any time.
- You warrant to Site that you are qualified to teach or create the Class or Content that you list with the Service.
- You warrant to Site that you will at all times conduct yourself in compliance with all applicable laws and in a professional manner.
- You may choose to remove your Class or Content from Site. Site will have 12 months to remove the Class or Content from the date such a request is made.
- If you or Site closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Buyer Membership, we’ll no longer display your store page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who haven’t previously purchased them.
- If you or Site deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results.
- If any of the above situations takes place, Site will continue to store your Resource file on our servers and will continue to make it available for download by Members who have previously purchased the Resource subject to other limitations set forth in these Terms. Site will continue to display your Communications unless you remove them from the Services before you go. If you do remove them, we’ll no longer display them on our Services, but we may continue to store a copy of them in our databases.
- You agree that you will not submit Content to Site that violates Community, Class and Content Guidelines. These guidelines may be occasionally updated.
- You agree that your students will have the ability to post reviews for your Class or Content. Site cannot control the contents of any such review. You agree that the Site will not be held responsible for any opinions or information that a student may include in reviews.
- When a student takes a Class or downloads a Content on Site, we may share the student’s username or profile or unique student identifier with the teacher for the purpose of teaching these students on Site. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for Site-related communications or for Site-facilitated transactions.
- The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. The teacher needs to comply with all relevant legal rules including applicable data protection and privacy laws which govern the ways in which you can use another Site user’s information.
- Site reserves the right to change fees for teachers for any currently offered services or services that may be made available in the future at our sole discretion.
Teacher and Content Creator Payments
The following payment terms apply when you publish a Class or offer Content for sale on Site:
- Teachers and Content creators earn revenue by selling Classes or Content through Site.
- Site offers multiple Seller Membership options. Each Seller Membership has different features and privileges, Payout Rates, and Fees. “Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”).
- “Marketplace Payout Rate” is defined as the percentage of the sale price you earn for each Resource you sell through Site. Marketplace Payout Rates may vary depending on the type of Resource and your Membership level. The applicable Marketplace Payout Rate is applied only to the sale price of each Resource at the time sold, after any Transaction Fees or Shipping Charges are applied. The remaining amount of the sale price is retained by Site as a service fee.
- The Fees and Marketplace Payout Rates for each Seller Membership are defined in our Site membership options which is incorporated as part of these Terms. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal.
- To qualify for payments, the instructor must have accrued at least $100 of unpaid or new earnings.
- To issue Payouts, we work with third party companies which process and transfer funds between us and our Sellers. To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service. We currently support payments through PayPal. If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use.
- If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.
- Site pays content creators on the 21st of the month for transactions that have occurred in the previous calendar month.
- Monthly payouts begin the month following the month in which an instructor meets the minimum payment criteria defined above. Monthly payouts begin the month following the month in which an instructor meets the minimum payment criteria defined above.
- Content creators have 60 days from the time at which a payment was or should have been made to report any payment discrepancies. After 60 days, content creators waive their rights to dispute any payment.
- Payment Services may assess transaction fees when we transfer your Payouts to you. Site will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
- Site’s sole responsibility is to process payments and pay out instructors in the proportions set forth above. Site is not a party to any transaction between any student and/or instructor and not responsible for any issues arising from any such transaction.
- Teachers and content creators are responsible for all taxes associated with the fees they earn. This includes income tax, sales tax, and other taxes. Teachers will receive the appropriate tax forms, such as a 1099 or 1099k, from either Site or its partners.
- Site reserves the right to withhold payments until it has received all necessary tax identification information or documents that it requires to satisfy its legal obligations.
- Site reserves the right to withhold or cancel payments to instructors if it deems, in its sole judgment and absolute discretion, that the Teacher or Instructor engaged in any behavior that violates any part of this Agreement.
- For individual transactions higher than or equal to $100, Site may place your earnings in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve periods are located on our helpdesk page regarding Payment holds and reserves. The amount of reserves and the length of time in which they are held are subject to change at the Site’s sole discretion. Should the reserve period or the amount withheld change, Site will make reasonable efforts to update the helpdesk page to communicate these changes.
Account Terms for Buyers
The following terms apply when you purchase a Class or Content on Site:
- Site Sellers own and maintain the intellectual property rights to their Resources and grant Buyer licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this policy. All downloadable and digitally consumed Resources can only be used in accordance with an “Individual License”.”
- Your use of any Resource, regardless of license type is subject to this policy and other terms set forth in these Terms. You agree to comply with the terms of this policy as well as any additional terms the Seller provides in the Resource, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this policy and a Seller’s terms, this policy will govern, except that Sellers may grant certain additional rights to their Resources.
- An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee.
- Except as otherwise stated in these Terms, with an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described as below. The Seller may grant additional rights at their discretion.
- The seller permits you to assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual, but you can purchase additional licenses as needed. For clarity, you can purchase an Individual License for yourself, as a gift for another person, or as an Organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the Resource to the intended recipient Assignee is permitted, but you may not reallocate an Individual License from one Assignee to another or share the Resource with additional users unless you purchase additional licenses for each additional Assignee.
- Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your students.
- Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced.
- Deliver Resources electronically as needed by using features available through the Services or by other secure means that enable access to Resources by only your students (and as needed, their parent/caregiver) (“Permitted Recipients”). You may not upload Resources to websites, applications, shared drives or other sites or services in a way that enables access by anyone other than Permitted Recipients.
- You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. ANY COMMERCIAL USE OF Class OR Content IS NOT ALLOWED UNLESS AUTHORIZED BY SITE.
- You will not copy any Class materials or Content for purposes of offering your own or others’ classes or content.
- Except as permitted above to deliver Resources electronically to Permitted Recipients, you may not post or otherwise make the Resource available on any website, application, shared drive or other sites or services.
- You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional user you will share it with. Each Individual License is for use by one specific user only.
- Site cannot guarantee continuous access to any Resource through our Service. For example, if at any time, Site stops hosting a Resource for any reason or you or Site terminates, suspends, downgrades, or otherwise limits your Account or access to Site Services, your ability to access the Resource through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.
- If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or Site closes your account, or if Site stops hosting the Resource for any reason.
- You will follow all the rules set by the teacher of the Class or creator of the Content. You will not interfere with any other students or with the teacher in the class.
- You will not copy any class techniques or Content for the purpose of interfering with the class, or for interfering with the teacher’s ongoing relationship with any students participating in the class.
- When a student takes a class or course on Site, we may share the student’s username and profile with the teacher for the purpose of teaching these students on Site.
- By enrolling in a class on Site, a student grants Site permission to share their information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for Site-related communications or for Site-facilitated transactions.
- Site reserves the right to suspend or delete your account if you violate any of our rules, for any reason or at any time.
Fees and Refunds
The following payment terms apply on Site:
- When you buy something on Site, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that Site may charge your payment method the amount due. Site is not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
- Failure to pay as promised may result in late fees being charged, Resources being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your Site Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Resources from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
- Fees for membership or any other portion of the Service may be changed at any time without prior notice.
- Except as provided in this policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify this or, on a case-by-case basis, issue a refund for a reason that falls outside of this policy.
- Site offer refunds in a few limited circumstances. If your purchase falls into one of the exceptions, you may be eligible for a refund. Exceptions include Duplicate Purchases, Content Mis-represetations, and Compromised Resource Files. All refund requests are subject to Site review.
- Duplicate Purchase are defined as purchases of the same Resource more than once.
- Content Mis-represetations are cases where Resource preview and/or description clearly misrepresents what is actually contained in the resource.
- Compromised Resource Files are Resource files that are damaged or are missing content.
- We or other parties on our behalf may offer trials for a specified period without payment or at a reduced rate (a “Trial”). Site reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
- For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis.
- By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your account profile located at https://www.tabletwise.com/account/payments.
- We reserve the right to adjust pricing for Site, or any components in any manner and at any time as we may determine in our sole and absolute discretion.
- Except as otherwise expressly provided for in TOS, any price changes to your service will take effect following email notice to you.
Participating in a Class or Teaching a Class
The following apply when participating in a class or when you are an instructor for a class on Site:
- The TOS are in addition to any agreements, releases or other documents (the “Class Agreement”) that a teacher and student may enter into in connection with a class. This includes any Class Agreement entered into through the Site or Service.
- Both students and teachers are responsible to the other for complying with the terms of the Class Agreement. However, Site has no control over either party’s compliance of Class Agreement. Among other things, Site cannot control (a) the provisions, accuracy or legality of the Class Agreement, (b) any party’s performance of its obligations under the Class Agreement.
- Hence, Site shall not be held responsible for any liability arising out of the Class Agreement or any actions that you may take in reliance thereon. Site is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SITE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, CALLED AS THE “SITE PARTIES”) FROM ANY DAMAGES OR CLAIMS OF ANY NATURE OR KIND, KNOWN OR UNKNOWN, UNSUSPECTED OR SUSPECTED, UNDISCLOSED OR DISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENT OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
- Participation in a class is at your sole risk. Teaching a class is at your sole risk. Site does not supervise classes and is not involved in any way with the actions of any individuals at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes. We request that you exercise good judgment and caution when participating in Classes.
- You acknowledge and agree that by participating as a student or instructor in any class you may be exposed to a variety of risks and hazards. These may or may not be foreseen. These may include (without limitation) property damage, personal injury, and death.
- You are solely responsible for all costs and/or risks associated with your participation (or teaching) in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SITE AND EACH OF THE OTHER SITE PARTIES FROM ANY DAMAGES OR CLAIMS OF ANY KIND OR NATURE, UNKNOWN OR KNOWN, UNSUSPECTED OR SUSPECTED, UNDISCLOSED OR DISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
- You waive California Civil Code Section 1542 (If applicable), which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Site reserves these rights:
- We can make changes to the Site and Services without providing you any notice or liability.
- We have the right to terminate your account, membership, payment, or other affiliation with the Service at any time and for any reason.
- We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Site in that jurisdiction.
- We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- We have the right to remove an instructor from Site at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
- We have the right to remove, cancel, reject, interrupt, or suspend any class, comment, or other posted comments at any time and for any reason.
- Site is not liable for any damages as a result of any of these actions. It is Site policy not to comment on the reasons for any such action.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Disclaimer of Warranties
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SITE, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES.
THROUGH THE USE OF SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS OR VENDORS INCLUDING STUDENTS AND OR INSTRUCTORS. YOU ACKNOWLEDGE THAT ALL SUCH TRANSACTIONS RELATING TO ANY CLASS OR SERVICES OFFERED BY ANY PARTY ARE AGREED SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH MERCHANDISE AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, CLASS, PRODUCTS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. SITE IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, OPINION, OR ADVICE MADE BY ANYONE. CLASSES OFFERED ON SITE ARE OFFERED DIRECTLY BY INSTRUCTORS. SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION. SITE IS NOT RESPONSIBLE FOR ANY CHANGES MADE TO A CLASS BY INSTRUCTORS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER SITE NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE OR COURSE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SITE OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES.
IN NO EVENT SHALL WE OR ANY OTHER SITE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE, NOR ANY OTHER SITE PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
Upon a request by us, you agree to defend, indemnify, and hold us and the other Site Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these TOS or any of the other documents, or other negligent or wrongful conduct. Site reserves the right 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.
We make no representation or warranty that the content and materials on the Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Site reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that Site, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Sites or Services, and remove and discard any content within the Sites or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
These TOS and the relationship between you and the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Site irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Alameda, in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Waiver and Severability
The failure of Site to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
Successors and Assigns
We may perform any of our obligations or exercise any of our rights under this TOS through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Site or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOS. You may not assign your rights or obligations under this TOS, by operation of law or otherwise, without our prior written consent.
We may modify these TOS at any time, as we deem appropriate. If you disagree with the changes to the TOS, you must discontinue your use of the Sites and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Sites or Services following such notice signifies your acceptance of the modified TOS. It is your responsibility to review the TOS regularly to be aware of such modifications. We reserve the right to modify or discontinue the Sites or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Sites or Services. If you object to any such changes, your sole recourse will be to cease access to the Sites or Services. Continued access to the Sites or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Sites or Services as so modified and your use of new Services will be governed by these TOS.
- Any cause of claim or action you may have must be commenced within six (6) months after the claim or cause of action arises. Else, such claim or cause of action is barred.
- You and Site agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Site are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
- Most communication between Site and you will be sent and received electronically. You agree that all electronic communication between Site and you shall satisfy any legal requirement that such communications be in writing.
Any rights of Site not expressly granted herein are reserved.