OverviewLessonaire is an online marketplace for Students (“Students”) and a network of independent contractors (“Tutors”) that provide tutoring services (“Services”). The term “you” or “You” or “User” or “Users” shall refer to Students, Tutors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
For Tutors, we offer various hosted products to support instruction including marketing, scheduling, billing and communication tools. Tutors can use our Services where prospective Students can review their profile, communicate with prospective Students. We do not endorse, hire or employ the Tutors nor are we responsible or liable for any interactions involved between Tutors and their respective Students.
For Students, we provide a marketplace to discover and schedule lessons and other services ancillary thereto. Students may be able to review Listings as an unregistered user of our Services; however, if you wish to book a lesson as a Student, to create a Listing as a Provider, to use hosted tools or use certain Services, you must first become a registered Member. See the “How It Works” section of the Website for more information.
Acceptance of TermsBy using the Lessonaire web site ("Service"), or any services of Goju Labs, Inc ("GojuLabs"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These Terms are entered into by and between Lessonaire and you, and you accept them by: (a) contracting for tutoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms.
Lessonaire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Violation of any of the terms below will result in the termination of your Account. While Lessonaire prohibits such conduct and Content on the Service, you understand and agree that Lessonaire cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Lessonaire.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
Account TermsFor certain aspects of the Site or the Services, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
In all cases where registration is required, you must provide your real name, address, email address, and any other information requested in order to complete the registration and user profile processes. Your login may only be used by one person and may not be shared with others. You are responsible for maintaining the security of your account and password. Lessonaire cannot and will not be liable for any loss or damage from your failure to comply with these terms. You may not use this Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. The Service is provided on an “as is” and “as available” basis. You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You represent that you are an authorized signatory of the credit or debit card or other method of payment that you provide to Company or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products or services via the Site.
Use By ChildrenYou must get your parent or guardian to read and agree to this Agreement before using the Services if you are under 18.
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers notify parents and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13. We may collect the first and last name, email address or telephone number, for subscribers and registrants of classes on this site. We may collect personal information through the Services from a child under 13 but only in support of the learning environment.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected]
Lesson Payments and RefundsYou understand and agree to abide by Lessonaire’s Student and/or Tutor payment policies. You agree that you are willing to pay all costs associated with the services through Lessonaire. These costs include but are not limited to: (a) a Tutor’s rate as listed; (b) travel and transportation fees; (c) cancellation fees as described in a Tutor’s cancellation policy, which can be found on a Tutor’s profile on the Site; and (d) the commission arrangement between the Tutor and Lessonaire.
Service fees for registered Courses are based on the Course Price set by the Tutor, and the Account Plan chosen by the Tutor. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Tutor Account Plan TermsCompany (or its partners) may charge a fee to post or access Content or for other features, products, services, or licenses. You are responsible to Company (or its partners) for any fees applicable to Content that you post or other features, products, services or licenses you purchase or that are purchased through any account created through Company (or its partners) for using or accessing the Site or the Services. You authorize Company (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by Company (or its partners), or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, Company (or its partners) reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a periodic hold on your use of that transaction amount.
Prices of all Services, including but not limited to service plan fees to the Service, are subject to change upon 15 days notice from us. Such notice may be provided at any time by posting the changes to the Lessonaire Site (lessonaire.com) or the Service itself. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Downgrading your Account Plan may cause the loss of Content, features or capacity of your Account. Lessonaire does not accept any liability for such loss.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
You may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Lessonaire reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You shall defend Lessonaire against any claim, demand, suit or proceeding made or brought against Lessonaire by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Lessonaire for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Lessonaire in connection with any such claim, demand, suit or proceeding; provided, that Lessonaire (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Lessonaire of all liability); and (c) provides to You all reasonable assistance, at Your expense.
Accuracy and CompletenessWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Third Party LinksCertain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Third Party ReportsLessonaire may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Lessonaire does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Lessonaire does not independently verify information in the consumer reports.
You hereby consent to Lessonaire collecting, using and disclosing the information in the consumer reports. You understand and agree that Lessonaire may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Lessonaire shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Lessonaire reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Lessonaire’s sole discretion.
You agree that Lessonaire shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
Advertisements and PromotionsLessonaire may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Lessonaire found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Lessonaire is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Lessonaire advertisers on the Site.
Disclaimer of WarrantyWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lessonaire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TaxesYou are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor.
IndemnificationYou agree to indemnify, defend and hold harmless Lessonaire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL Company’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SeverabilityIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
MiscellaneousThe failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Lessonaire will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lessonaire’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Lessonaire’s prior written consent. Lessonaire may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Lessonaire in any way whatsoever.
Cancellation and TerminationYou are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to Company of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which Company may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Site and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
We, at our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Lessonaire reserves the right to refuse service to anyone for any reason at any time. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Lessonaire customer, employee, member, or officer will result in immediate account termination.
In the event that Lessonaire takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
ArbitrationYou agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Lessonaire, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Lessonaire are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Lessonaire otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Arbitration " section will be deemed void. Except as provided in the preceding sentence, this "Arbitration" section will survive any termination of these Terms.
Dispute ResolutionYou are solely responsible for your interactions with other Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.
Governing LawThese Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
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