Terms of Service
- TabletTree, Inc. and its affiliates ("TabletWise") operates this website (the "TabletWise Site"), other health, wellness, diet and fitness websites that are part of the TabletTree 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 TabletWise, "us" or "we"). TabletWise'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, and online, or offline courses related to the Site or provided through the Site.
- These Terms of Service (“TOS”) govern your use of any of the Sites and Services that are provided by Site.
- The TOS is applicable to the users who access Site or Services not as an authorized library patron. For library patrons, please check our library terms of service available at https://www.tabletwise.com/info/terms-library.
- 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 Dec 13, 2019.
- 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 course 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.
- 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.
- We reserve the right, at any time, to change any fees or charges for using any Services provided on the Site including charging fees to teachers or course providers. 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 assume full responsibility for the content offered and understand that classes posted are publicly available and can be accessed by any student or person.
- 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.
Account Terms for Course Instructors
The following terms apply when you publish a class or course on Site:
- 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 course for any reason and at any time.
- You warrant to Site that you are qualified to teach the classes or courses 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 content from your class or course or remove the class or course completely from Site. Site will have 365 days to remove the class or course from the date such a request is made.
- Site will continue to have the right to provide the class to students already enrolled in your class before your request for course removal or before your course or class is removed from Site.
- You agree that you will not submit content to Site that violates Community and Class Guidelines. These guidelines may be occasionally updated.
- You grant us the right to place advertisements on your content at our sole discretion.
- You agree that your students will have the ability to post reviews for your classes. 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 course on Site, we may share the student’s username and profile 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 charge fees to teachers and course instructors for any currently offered services or services that may be made available in the future at our sole discretion.
Course Instructor Payments
The following payment terms apply when you publish a class or course on Site:
- Instructors may earn revenue by publishing classes or content to which they own rights or by offering additional services through Site.
- To qualify for payments, the instructor must have accrued at least $50 of unpaid or new earnings.
- Site pays instructors 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 publishes their first Premium class and meets the minimum payment criteria defined above.
- Site distributes at least 30% of its monthly recurring revenue from Membership to instructors on a monthly basis.
- The method used to determine a teacher's monthly share is based on their share of the total number of minutes watched on the platform. The specifics of the calculation method may change from time to time.
- Instructors have 15 days from the time at which a payment was or should have been made to report any payment discrepancies. After 15 days, instructors waive their rights to dispute any payment.
- Students and instructors agree that 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.
- Instructors 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.
Account Terms for Students
The following terms apply when you enroll in a class or course on Site:
- You accept all of the terms and conditions including the cancellation policy when you agree to enroll in or access a class or course on Site.
- Site reserves the right to suspend or delete your account if you violate any of our rules, for any reason or at any time.
- You will follow all the rules set by the instructor of the class. You will not interfere with any other students or with the teacher in the class.
- You may access content for your information and personal use only. ANY COMMERCIAL USE OF CLASS OR COURSE CONTENT IS NOT ALLOWED UNLESS AUTHORIZED BY SITE.
- You will not copy any class materials for purposes of offering your own or others’ classes.
- You will not copy any class techniques 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.
Fees and Refunds
The following payment terms apply on Site:
- Users may participate in “Pro” by subscribing to pay monthly or annual membership fees for access to “Premium Classes.” Premium Classes are online classes that are offered as part of Premium at Site’s sole discretion.
- The membership fee will be billed at the beginning of the paying portion of your membership. Billing will continue each month or year thereafter unless and until you cancel your membership.
- We automatically bill your Payment Method each month on the calendar day corresponding to the start of your paying membership. We reserve the right to change the timing of your billing. In particular, this may happen, if your Payment Method has not successfully settled, as explained below.
- In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month. We may also bill you on another day as we deem appropriate. For example, if you became a paying member on March 31st, your next payment date is likely to be April 30th. Your Payment Method would be billed that date.
- Site collects fees and pays out teachers through third party providers. Each provider is its own company, and the Site is not responsible for its performance.
- Fees for membership or any other portion of the Service may be changed at any time without prior notice.
- No refunds are offered for membership fees or any other fees collected by the Service. Site is not responsible or liable for any refunds for Premium or other purchases on Site.
- Payments are nonrefundable and there are no refund or credit for partially used periods. Following any cancellation, however, you will continue to have the benefits of your Site Membership through the end of your current billing period.
- You may cancel your memebership at any time for nor or any reason. To cancel your recurring subscription, please visit your payment settings within your account profile located at https://www.tabletwise.com/account/payments.
- If you have canceled your membership, you will lose access to all membership features you enrolled into during your membership at the end of your billing period.
- If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
- We (or other parties on our behalf) may offer trials of paid subscriptions for our membership 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 makes 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 one (1) year 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.