使用条款

概述

以下是您与爱家网之间的使用协议条款。访问或使用本 Web 站点,即表示您已阅读、理解并同意受这些条款的约束,遵守所有适用的法律和法规,包括出口和再出口管制法律和法规。如果您不同意这些条款,请勿使用本 Web 站点。

爱家网可随时修改这些“使用条款”以及本 Web 站点中包含的任何其他信息,而无需通知您。爱家网还可以随时对本站点中描述的产品、服务或程序作出改进或更改,而无需事先通知。

常规

本 Web 站点包含所有权声明和版权信息,您必须遵守并服从所有相关的条款。相关信息,请参阅题为“版权和商标信息”的标签。

爱家网授予您一份非专属的、不可转让的有限许可,允许您作为爱家网的客户或潜在客户访问和显示本站点中的 Web 页面,但前提条件是:您遵守这些“使用条款”,并且完整地保留所有的版权、商标和其他所有权声明。您只能使用搜寻器根据本 Web 站点的 robots.txt 协议的许可来搜寻本 Web 站点,并且爱家网可自行决定阻止任意搜寻器。依据本协议授权对本站点的使用仅限于非商业性质(即,您不得出售您在本 Web 站点上或通过本 Web 站点访问到的内容)。其他所有对本站点的使用均被禁止。

除了上一段所述的有限许可权,爱家网并未授予您任何明示或默示的专利、商标、版权或其他专有权、知识产权的权利或许可。您不得在另一个 Web 站点或任何其他介质中制作本站点上任何内容的镜像。可从本站点下载、访问或以其他方式使用的任何软件和其他资料具有各自的许可条款,您对这些软件或资料的使用将受到此类条款、条件和声明的管辖。如果您未能遵守此类条款或本站点上的任何条款,将会导致授予您的任何权利被自动终止,而无需事先通知,并且您必须立即销毁持有、保管或控制的所有已下载资料的副本。

免责声明

本 Web 站点有时可能会包含不准确的技术信息或印刷/排字错误,我们对任何发布信息的准确性不作任何保证。就本 Web 站点中描述的服务、产品或其他事项制定决策之前,请先确认您使用的是本 Web 站点的最新页面,并确认信息的准确性和完整性。

如果具有管辖权的司法机关认为该“使用条款”中的某一条款在某一方面无效,该“使用条款”其余部分的效力将不受影响,但前提是此类无效的条款不会对该“使用条款”规定的各方权利造成实质影响。

前瞻性和警戒性声明

除了历史信息和讨论内容,本 Web 站点中所作的陈述可能构成美国 1995 年《私人证券诉讼改革法案》或其他适用法律中所指的前瞻性声明。正如美国证券交易委员会备案的公司档案中显示,这些声明中包含各种风险、不确定性和其他因素,可能会使实际结果大不相同。请参阅本 Web 站点上“投资人关系”下的“SEC 档案”标签,获取有关此类档案的副本。

保密信息

爱家网并不希望通过我们的 Web 站点接收您的保密信息或专有信息。请注意,发送给爱家网的所有信息或资料都将被视为非保密信息。将任何信息或资料发送给 IBM,即表示您授予爱家网不受限制的、不可撤销的许可,允许 IBM 复印、复制、公布、上载、发布、传送、分发、公开显示、执行、修改这些资料或信息,以及由此制作演绎作品和以其他方式自由使用这些资料或信息。您还同意,爱家网可以出于任何目的自由使用您发送给我们的任何构想、概念、知识或技巧。但是,爱家网将不会公布您的姓名或以其他方式宣扬您向爱家网提交资料或其他信息,除非:(a)您允许爱家网使用您的姓名;或者(b)爱家网事先通知您提交至本站点特定部分的资料或其他信息将会被发布,或在使用时会提及您的姓名;或者(c)法律要求 IBM 这样做。您为使用产品或服务而提交给 IBM 的个人身份信息,将按照我们的隐私策略来处理。关于 IBM 的隐私策略信息,请参阅题为“隐私”的标签。

本站点的链接

爱家网仅同意满足以下条件的链接连接到本 Web 站点,其链接及由该链接激活的页面不会:(a) 围绕本 Web 站点上的任何页面创建框架或使用任何方式改变本站点内任何内容的视觉效果或外观的技巧;(b) 歪曲您与爱家网之间的关系;(c) 暗示爱家网批准或认可您、您的 Web 站点、您的服务或提供的产品;(d) 提供任何有关 IBM 的错误的或令人误解的印象,或者损害 IBM 名称或商标相关的声誉。要获得连接到本站点的许可,您还须同意,爱家网可以随时自主决定终止您连接到本 Web 站点的许可。在这种情况下,您同意立即除去指向本 Web 站点的所有链接,并停止使用相关爱家网商标。

免责声明

使用本站点的风险由您自行承担。所有资料、信息、产品、软件、程序和服务均“按现状”提供,不附有任何形式的保证或担保。爱家网明确免除法律所允许的最大范围内的所有明示的、默示的、法定的及其他保证、担保或陈述,包括但不限于有关适销性、适用于某种特定用途、不侵犯所有权和知识产权的保证。不存在任何限制,爱家网不保证本 Web 站点将连续运行、及时、安全或无错误。

如果您从本 Web 站点下载或获取资料、信息、产品、软件、程序或服务,即表示您了解并同意您是根据自己的意愿而为,并且将自行承担可能由此导致的任何风险,包括数据丢失或对计算机系统造成损坏。某些司法辖区不允许排除保证,因此上述排除可能并不适用于您。

责任限制

在适用法律允许的最大范围内,在任何情况下,对于与本 Web 站点有关的、由本 Web 站点引起的或使用本 Web 站点、使用通过本 Web 站点链接到的、引用的或访问的任何站点或资源,或者使用、下载或访问任何上述站点的资料、信息、产品或服务而造成的任何直接的、间接的、附带的、特别的、惩罚性的或其他后果性的损害,包括但不限于任何利润损失、业务中断、储蓄损失、程序或其他数据丢失,爱家网均不对任何一方负责,即使爱家网已被明确告知发生此类损害的可能性。以上责任的排除和放弃适用于任何诉因,不论是基于合同、保证、侵权还是任何其他法律理论。

Refund Policy

Products and services purchased via this website are subject to handling and management fee in the case a refund is requested. If not specified on the product description page, then there will be a default 10% charge for all refunds.

退款条例

通过本网站购买的任何产品和服务都无法保证全款退款,爱家网将扣除必要的手续费和管理费用。具体费用如果没有在每个具体产品说明里表明则按照10%扣留。

Koala Know Course Agreement/Terms of Use

These Terms of Use were last updated on June 28th, 2018.

THESE TERMS OF USE (THE “AGREEMENT”) BIND YOU (“PARTY A”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR ACCESS AND USE OF KOALA KNOW, LLC’S (“PARTY B”) SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS, SERVICES OR OTHER OFFERINGS ON PARTY B’S WEBSITE (COLLECTIVELY, THE “SERVICES”). BY USING ANY OF THE SERVICES OR CLICKING ON THE “ACCEPT” BUTTON, PARTY A AGREES TO BE BOUND BY THE TERMS. IF PARTY A DOES NOT AGREE TO ALL THESE TERMS, CLICK ON THE “DO NOT ACCEPT” BUTTON AND DOES NOT USE PARTY B’S SERVICES.

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLASS AND CLASS ACTION WAIVER THAT REQUIRES YOU TO RESOLVE DISPUTES WITH PARTY B ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ SUCH TERMS AND CONDITIONS CAREFULLY BEFORE accessing OR using the Services.

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT ONLINE PRIVACY OF CHILDER UNDER THE AGE OF 13 (SEE SECTION 6.2 AND THE PRIVACY POLICY).   PLEASE READ SUCH TERMS AND CONDITIONS CAREFULLY BEFORE accessing OR using the Services.

In this Agreement, “Party A” or “You” refers to the individual who purchases the course(s) offered by Party B (the “Course(s)”). “Party B” refers to “Koala Know, LLC

Section 1 Course Information and Valid Term

Basic Course Information: the information of the Course is subject to the order information available in Party A’s account on Party B’s website. Each Course is offered by Party B in different packages, and each package contains a certain number of sessions or classes (each a “Session”) and a certain number of free Sessions (if any).

Valid Term Of a Course: A Course will remain accessible in Party A’s account for a period of 365 days (including the 365th day), from the day following the date of purchase of the Course (hereinafter referred to as the “Valid Term”). If Party A purchases a new Course during the Valid Term of any Course(s) in its account, the Valid Term of all Courses in Party A’s account will be automatically extended to the Valid Term of the newly purchased Course.

Section 2 The Execution and Enforcement of this Agreement

The terms and conditions in Party B’s Privacy Policy at www.koalaknow.com and other policies governing Party A’s access and use of the Services (hereinafter referred to as the “Policies”) which are posted on Party B’s website (www.koalaknow.com) and may be amended or supplemented from time to time, are incorporated in this Agreement. The Policies are an integral part of this Agreement and have the same binding legal effect as this Agreement. Party A and Party B have voluntarily agreed to enter into this Agreement, which governs all activities of Party A on Party B’s website.

When Party A registers an account on Party B’s website, Party A shall submit accurate and complete information including the name and other related materials. Party A shall be responsible for and shall indemnify Party B from any losses or damages resulting from the inaccurate, misleading or ambiguous information provided by Party A.

To purchase a Course from Party B, Party A shall (i) be at least 18 years old; (ii) have read, understood and accepted the terms and conditions herein and Party B’s Policies; and (iii) agrees to read and accept any updates, amendments, or supplements to Party B’s Policies, which may be posted from time to time on Party B’s website. By purchasing any Course on Party B’s website, Party A shall be deemed to have acknowledged and fully understood all the terms and conditions herein and shall have agreed to be bound by this Agreement. If Party A elects to access or use the Services that involve payment of a fee, then he or she agrees to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If Party A provides credit card information to pay for such fees then he or she hereby represents and warrants that he or she is authorized to supply such information and hereby authorize Party B to charge his or her credit card on a regular basis to pay the fees as they are due.

A “Student” or “Party A’s Student” means the student(s) who takes the Course purchased by Party A on Party B’s website. Party A, as a parent or a legal guardian, could open several student accounts after registration. Each Student account can only be created for and used by one student. All Student accounts under Party A’s account share the available Sessions for the Course(s) in Party A’s account. Before a Course is started, [Party B/the Instructor (to be defined below)] will assess the Student’s academic level and designate appropriate course materials accordingly. In order to achieve an optimal learning result, the Student in a Student account shall not be replaced and no other student(s) can be added to the Student account during the Valid Term of the Course. Party A may not transfer his or her account or any Student account to any other person or use anyone else’s account at any time. In cases where Party A has authorized or registered another individual, including a minor, in a student account, Party A is fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.

Section 3 Course Service

Party B connects the Student with company instructors (the “Instructor”) who will provide live 1-on-3 instruction, tutoring, and learning services via the Services. Each Session of a Course generally takes 25 minutes unless otherwise provided by Party B.
Party B/The Instructor will determine the beginning level for each Student according to an assessment of the Student’s academic background. The Student and his/her parent or legal guardian agree that the Student will start the Course from the beginning level as determined by Party B/the Instructor.

Once the Student has entered into the online classroom, system will start record the whole course automatically for the purpose of teaching quality control and child safety. By accepting the Privacy Policy and the Term of use, Party A has expressly agreed to record all the online courses taken by the within 24 hours after finishing each Session, the video recording of the Session will be uploaded to Party B’s website. Party A can log into his/her account on Party B’s website to watch the video. Party A is entitled to revoke the consent of recording by sending an email to [email protected] and Party B will blur the image of the Student and change the voice of the Student so the Student could not be identified.

If the Student cannot attend a Session on the scheduled time as confirmed and listed in the Student account, Party A will receive a recording of the missed Session for study.

If a Student fails to attend a Session on the scheduled starting time but attends the Session during the scheduled time period, this Session shall be concluded upon the scheduled ending time, and, neither the Student nor Party A can request that the ending time of the Session be postponed or prolonged. This Session will be deemed as completed and will be deducted from the number of remaining Sessions in Party A’s account.

If, as a result of Party A’s system outages occurred after a scheduled Session has started, Party A is unable to complete the Session, this Session will be deemed as completed and will be deducted from the number of remaining Sessions in Party A’s account.

If Party A cannot complete a scheduled Session due to Party B’s or the Instructor’s reasons, which include but are not limited to, (i) the Instructor is late for over 5 minutes, (ii) the Instructor cancels the Session or stops teaching prior to the scheduled ending time for any reason; or (iii) Party B’s website or Services experiences system outrages, Party A may reschedule such Session, and such Session will not be deducted from the number of remaining Sessions in Party A’s account. Other than the right to reschedule the same Session as provided herein, Party A agrees that neither Party B or any Instructor shall have responsibility and is not liable for: (a) the unavailability of the Session during the scheduled time period; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Session, any Internet service providers, any third party platforms, or any internet facilities and networks.

Section 4 Payment and Refund

For any of our course packages, if after your child’s first six sessions on our Site, you are not satisfied, we will issue a refund for all unused sessions minus any merchant fees. Refunds will be issued to the credit card account you used to purchase the course package. Refunds will be issued within [30] days of your request for a refund.

If Party A requests a refund for a purchased multi-tier Course and the Student(s) in Party A’s account have attended six Session for such Course prior to the request, Party A is entitled to a refund of the payment for the remaining Courses minus the current Course, as shown in the formula below. Party A will be responsible for any bank transaction fees incurred in connection with the refund.

Amount of refund = the amount paid for the multi-tier Course – the number of attending and/or completed Course(s) (at non-discounted price) – any associated merchant fees

Party A shall submit the refund request to Party B at [email protected] The refund payment will be arranged within 2 to 3 weeks from the approval date of the refund request. The refund will be made to the same account and in the same manner from which the payment was made. The time period of the refund transfer may vary depending on the different manner of transfer. Party B could not guarantee the time of successful transfer of the refund.

No refund or replacement sessions will be given for missed sessions due to Student unavailability. However, Students will be given recordings of the missed classes to study from. If a missed session occurs due to any fault of Party B, Party B will issue replacement classes free of charge.
Please note that if Party B believes that Party A is abusing the refund policy in its sole discretion, Party B may suspend or terminate Party A’s account and refuse or restrict any and all current or future use of the Services, without any liability to Party A.

Section 5 The Rights and Responsibilities of the Parties

Party A represents, warrants and covenants the following:

Party A or the Students in Party A’s account will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
Party A or the Students in Party A’s account will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.

Party A or the Students in Party A’s account will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Party B’s content, the Services or Courses except as permitted by this Agreement.

Party A or the Students in Party A’s account will not frame or embed the Services to circumvent the Services.

Party A or the Students in Party A ‘s account shall not otherwise engage in activities that Party A knows or should have reasonably known adversely affect the daily operation of Party B’s Services or its website.

Party A and Party A’s Student shall not disparage Party B or the Instructors’ performance or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Party B, Party B’s employees or the Instructors.

Under no circumstances should Party A and Party A’s Student sell or otherwise transfer part or all of the purchased Course to any third party in any manner. Party A or Party A’s Student will not impersonate another person or gain unauthorized access to another person’s account for Party B’s Services.

Party A agrees to prepare the internet access equipment and other software and equipment needed for taking the Course.

To protect the privacy and interests of Instructors, other users of the Services and Students in other users’ accounts, Party A and the Students in Party A’s account shall not to solicit, collect, probe, or ask for the private information of other Students, users or Instructors, including but not limited to personal information, contact information, personal network or financial status.

Party A understands and agrees that Instructors for the Courses Party A has purchased may choose to terminate their contract relationship with Party B and become inactive. Party B does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.

Party B represents, warrants and covenants the following:

Party B reserves the right to terminate, suspend, modify, or delete, at its sole discretion, (a) any Courses or any Service; and (b) Party A’s or Party A’s Student’s access to its Services or Party A’s account, as follows:

If Party A or any Student in Party A’s account breaches or violates this Agreement or any of the Policies, as posted on Party B’s website from time to time, Party B may take action immediately without prior notice to Party A. If Party B takes action pursuant to this section, Party B shall not have any liability to Party A for any Courses Party A may have purchased nor for any other use of the Services associated with Party A’s account. For avoidance of any doubt, Party A understands and agrees that it will not be compensated nor be eligible for any refund under any circumstances for any such access lost to the Services, including without limitation to the Courses purchased;

Party B may also take action for any reason or no reason, in which case Party B will provide prior notice to Party A of any of the above changes through Party B’s website or other manners of communication set out herein.

As requested by Party A, Party B shall provide Party A with reasonable technical support services during regular business hours of Party B.
Section 6 Personal Information and Confidentiality

Any information collected by Party B in connection with the use of the Services is subject to the Privacy Policy at www.koalaknow.com.
To facilitate Party B in performing its obligations herein and helping the Students in Party A’s account achieve their educational objectives, subject to the Privacy Policy, Party A agrees to provide Party B with certain information of the Student, such as the Student’s name, age and information relating to the Students’ academic background. Party A agrees that Party B can utilize such information of the Student for the purpose of teaching the Courses in connection with the Services and Party B’s internal management purpose only. Party B shall strictly protect the privacy of both Party A and the Student in accordance with the applicable laws and regulations.

Due to the interactive learning experience provided by the Services, personal information may be collected from a Student who is under 13 years of age. Party A shall review the provisions in the Privacy Policy concerning online privacy for children under 13. Party B will send a request for parental consent to collection of personal information from the Student by email to Party A upon Party A’s acceptance of this Agreement, and Party A shall promptly reply by email with his or her confirmation. Party B represents and warrants that (i) it will not disclose the personal information to any third party or make it publicly available; (ii) it will promptly delete all personal information maintained on its server or other storage means if Party A revokes his or her prior consent; and (iii) under no circumstances will any personal information of a Student be maintained on Party B’s server or other storage means after the termination of this Agreement.

If there is any change to any information provided by Party A, Party A shall promptly inform Party B by email at [email protected] Party A will be responsible for any loss or damages to both parties resulting from Party A’s failure to promptly notify Party B of such change.
Party A agrees to properly keep the confidentiality of his or her account and password. Party A is responsible for the activity of any person (including the Students) who uses the account and the password. If the Student’s account or password is misused, Party A shall immediately notify Party B’s employee and request Party B to suspend the Services. Party A shall not disclose, lend, transfer or assign its account and password to any third party. Party B may temporarily suspend the use of Party A’s account if Party B reasonably suspects that Party A has breached its obligation under this Subsection 3. Party B may terminate this Agreement and all Services with respect to Party A immediately upon actual knowledge of Party’s A’s breach of its obligation under this Subsection 3.

Without Party B’s explicit written consent and authorization, Party A shall not, in any way, provide or disclose to any third party any technical data, trade secrets and other confidential or proprietary information he or she obtained by accessing to or use Party B’s website or Services under this Agreement. If Party A breaches his or her obligation under this Subsection 4, Party B has the right to terminate this Agreement and all Services with respect to Party A immediately, and Party A shall be liable for any losses or damages suffered by Party B due to Party A’s breach.
Section 7 Intellectual Property

Party B has the ownership of and all intellectual property rights, including and not limited to copyrights, in the following materials: (1) all the materials prepared by or for Party B for the Courses (including but not limited to textbooks, courseware and relevant training materials); (2) all the materials generated from the teaching process (including but not limited to any teaching videos and teaching schemes); (3) software, programs and contents displayed, used, or provided on Party B’s website; and (4) any other materials, content or technologies created by or for Party B in connection with providing the Services (the “Company Materials”). Party B hereby grants Party A and the Students in Party A’s account a limited, non-exclusive, non-transferable license to access and use the Company Materials solely for the Students’ personal, non- commercial, educational purposes through the Services, in accordance with this Agreement and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent express written consent by Party B. Without Party B’s consent, Party A and the Students in Party A’s account shall not, at any time (during the term of and after the termination of the Agreement), (i) use the abovementioned Company Materials for commercial purpose; (ii) translate, copy, broadcast, edit, or otherwise reproduce or create derivative works of the abovementioned Company Materials in any way; and (iii) disclose, sell, share, license, or otherwise redistribute or transmit the abovementioned Company Materials to any third party.

Party A agrees that Party B is authorized to record the courses taken by the Student . Party B shall have full, exclusive and complete intellectual property rights to all of the recorded videos.. Party B agrees to strictly keep Party A’s information confidential. Without Party A’s clear written consent in prior, Party B shall not make commercial use of the information including the portraits of Party A or Party A’s Student or the information indicating the identity of Party A or Party A’s Student. Only if any of the following events occurs, Party B can reasonably make use of Party A’s information including portraits, name or other personal information without prior consent of Party A or payment to Party A: (1) The portrait right, name right and other civil legal rights of Party A and the Party A’s Student have been clearly waived; (2) the information is used for the purpose of internal use subject to Party A’s consent to Party B’s Privacy Policy.

Section 8 Non-Solicitation

Instructors and Party B’s employees and are important human resources to Party B’s existence and development. Party A agrees not to in any way, solicit, request, invite or otherwise cause any Instructors or Party B’s employees to terminate the contract or employment relationship with Party B and/or accept a position for similar function (whether full-time, part-time, or temporary) offered by Party A or other individuals or organizations unaffiliated with Party B, during the term and within one year after the termination of this Agreement.
In the event of any breach of the foregoing non-solicitation obligation by Party A, Party A shall be liable for penalty to Party B in an amount that equals to two times the annual payment earned by the solicited person from Party B immediately before the termination of the relationship with Party B.

Section 9 Liability for Breach of this Agreement

Subject to the Limitation on Liability provision in Section 10.2, any party who breaches its representations, warranties, covenants or obligations under this Agreement shall be liable for all the losses and damages incurred by the other party as a consequence of this breach
Section 10. Disclaimers; Limitation of Liability; Indemnity

Disclaimer.

THE SERVICES, COURSES, COMPANY MATERIALS, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT PARTY A’S USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF PARTY B OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. PARTY A’S USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT HIS OR HER OWN RISK.
Limitation of Liability.

PARTY B SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. PARTY B SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF PARTY A’S USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF PARTY B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTY B SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PARTY B’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. OTHER THAN FOR THE TYPES OF LIABILITY THAT CANNOT BE LIMITED BY LAW, PARTY A AGREES THAT PARTY B’S LIABILITY TO PARTY A IS LIMITED TO 100% OF ANY AMOUNT PARTY A HAS PAID UNDER ITS ACCOUNT WITH PARTY B.

Indemnity.

In consideration for using THE SERVICES, party a agrees to indemnify, DEFEND, AND hold HARMLESS party b and its owners, affiliates, officers, directors, employees, licensors, agents, representatives, successors, and assigns from any and all claims, demands, losses, liabilities, damages (including consequential, compensatory, or punitive damages), and expenses (including attorneys’ fees), whether based upon breach of contract, breach of warranty, or any other legal theory, arising out of or in connection with (I) PARTY A’S USE OF THE SERVICES; (ii) PARTY A’S breach or violation of any REPRENTATIONS, WARRNTIES, COVENANTS CONTAINED IN these Terms; (iii) PARTY A’S violation of ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS; AND (IV) PARTY A’S VIOLATION OF the rights of any third party.
Party B does not hire or employ Instructors and is not responsible or liable for any interactions involved between the Instructors and the Students. Party B is not responsible for any disputes, claims, losses or damage that arises out of or relate to conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.

Section 11 Jurisdiction and Dispute Resolution

Governing Law and Language. The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws and regulations of the State of California law.

Mandatory Arbitration. Any dispute or claim arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) Party A’s access to or use of the Services at any time, whether before or after the date Party A agrees to this Agreement shall be resolved by the parties through amicable negotiation, by e-mailing Party B at [email protected] first. If the dispute cannot be resolved through negotiation, the parties agree that any such dispute or claim will be settled by arbitration. The parties hereby consent and submit to the exclusive jurisdiction of such arbitration; (b) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; provide that Party B reserves the right to bring its claims seek injunctive or other reliefs for Party A’s breaches of Sections 6, 7 and 8 in a court of competent jurisdiction.
The Arbitrator will render an award within the time frame. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
It will be your responsibility to pay any administrative and arbitrator fees.

You acknowledge and agree that, by agreeing to the Terms, you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any portion of this mandatory arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this clause; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the mandatory arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the mandatory arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Section 12 Miscellaneous

Termination. After the Courses in Party A’s account are completed, or the Services with respect to Party A are terminated earlier pursuant to Section 5.2, 6.3 6.4 or 12.2, this Agreement shall be terminated automatically and Party A’s account shall expire immediately. The termination of this Agreement will not affect the validity of the provisions pertaining to confidentiality, intellectual property and non-solicitation set forth in Section 6, Section 7 and Section 8 herein, respectively.

Modifications. Party B is entitled to amend this Agreement and the Policies and other content on Party B’s website from time to time. If an amendment materially changes the terms and conditions in this Agreement or the Policies, Party B will notify Party A through Party B’s website or other prominent manners of communication provided herein. The amended Agreement or Polices will come into force once posted on Party B’s website and will supersede the previous Agreement or Policies. Party A shall log into his/her account to review the amended Agreement. In case of disagreement of the amended agreement, Party A shall notify Party B in writing (including email) and immediately stop using the Services pursuant to the Agreement. Party A will be deemed to have accepted the amended Agreement, if Party A fails to object to such amendment in writing within two (2) business days or any Student in Party A’s account continues to take any Course thereafter.
Severability. If any provision hereof is held to be invalid or unenforceable, in whole or in part, for any reasons, such provision or part thereof shall to that extent be deemed not to form part of this Agreement. The remaining provisions of this Agreement shall remain valid and binding.

Assignment. Party A may not assign or transfer this Agreement in whole or in part without Party B’s prior written approval. Party B may assign or transfer this Agreement in whole or in part, without any notice to or approval by Party A to any party, provided that Party A’s rights hereunder are not prejudiced.

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