EDUonGo Terms of Service
Last modified: August 19, 2013
Visitors of the Website and users of EDUonGo Services are referred to herein individually as “User” and collectively as “Users”.
PLEASE READ THE TERMS CAREFULLY. BY LOGGING INTO, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE EDUONGO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN PLEASE DO NOT LOG INTO, ACCESS, BROWSE OR OTHERWISE USE THE EDUONGO SERVICES.
1. Description of EDUonGo Services.The EDUonGo Services enable students, parents and schools (collectively, “Students”) to connect with individual instructors (“Instructors”) providing educational services on an independent contractor basis. For example, Instructors may provide live and recorded video lectures, instructions, tutoring and learning services to the Students through the EDUonGo Services. The EDUonGo Services are provided through our unique platform where students receive instructions via the EDUonGo Services and then work on assignments and projects in a structured classroom. The EDUonGo Service also allows instructors to create an online academy with custom branding, custom URL, and other customizable features.
2. Eligibility; Use of EDUonGo Services.
2.1 ELIGIBILITY. EDUONGO SERVICES ARE AVAILABLE ONLY TO USERS WHO ARE AT LEAST THE LEGAL AGE OF MAJORITY IN THE JURIDICTION IN WHICH THEY ARE LOCATED. EDUONGO SERVICES ARE NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE WEBSITE OR EDUONGO SERVICES BY EDUONGO. BY USING EDUONGO SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE OR EDUONGO SERVICES.
2.2 Minors. You may access and use EDUonGo Services on behalf of a minor under the age of 18 or permit such minor to access and use the EDUonGo Services with your consent or under your supervision, provided that you are a parent or legal guardian of such minor and all User Submissions (as defined below) submitted or posted to EDUonGo Services are entered by you, or by such minor with your consent or under your supervision. If you allow a minor to access or use EDUonGo Services with your consent in this manner, you remain responsible for ensuring the accuracy and lawfulness of any such User Submissions and otherwise complying with all of the terms and conditions contained herein.
2.3 Use of EDUonGo Services. Subject to your agreement and compliance with these Terms, EDUonGo grants you permission to use EDUonGo Services as set forth in these Terms and consistent with the intended features of EDUonGo Services.
4. Additional Terms. When using EDUonGo Services, you will be subject to any additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available to you on or through EDUonGo Services (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
5. Modification of the Terms.EDUonGo reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes from time to time on the Website or otherwise making them available to you on or through EDUonGo Services. Please check these Terms and any Guidelines periodically for changes. Your continued use of EDUonGo Services after such changes have been published on or through EDUonGo Services constitutes your binding acceptance of such changes. For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of EDUonGo Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms on or through EDUonGo Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and EDUonGo will be governed by the Terms in effect at the time such dispute arose.
6. Registration; Account and Password.
6.1 Registration for an Account. In order to access certain features of EDUonGo Services, you will have to create an account and become a registered user of EDUonGo Services. If you create an account for EDUonGo Services, you agree that any information you provide to EDUonGo on registration for an account and at all other times will be true, accurate, current, and complete. Since the provision of certain features of EDUonGo Services may depend on the continued accuracy of your account information, you also agree that you will ensure that this information is kept accurate and up-to-date at all times your account remains open. In order to access or use EDUonGo Services, you will have to sign in by entering your account and password information. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You also agree to immediately notify EDUonGo of any unauthorized uses of your account or if you believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password). You may be liable for any losses incurred by EDUonGo or others due to any unauthorized use of your account.
7. Ownership of the Website. The Website is solely and exclusively owned and operated by EDUonGo. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website (collectively, the “EDUonGo Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions (as defined below) or other content owned and/or posted by Users, all EDUonGo Materials are the copyrighted property of EDUonGo, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, and trade names contained in the EDUonGo Materials are proprietary to EDUonGo, its affiliates and/or third-party licensors. Your use of EDUonGo Services does not grant to you ownership of any content, code, data or any part of the EDUonGo Materials you may access on or through the Website.Any commercial or promotional distribution, publishing or exploitation of the EDUonGo Materials is strictly prohibited unless you have received the express prior written permission from EDUonGo or the otherwise applicable rights holder. EDUonGo reserves all rights to the EDUonGo Materials not expressly granted in the Terms.
8. Content Rights. The content available on the Website or otherwise through EDUonGo Services is intended for personal, non-commercial use. All such content, including, without limitation, informational materials, documents, forms, pictures, images, audiovisual works, and any user comments (collectively, the “Content”), is owned or controlled by EDUonGo, its affiliates or its licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, EDUonGo authorizes you to download a single copy of any part of the Content that EDUonGo or its licensors have expressly made available for download on the Website solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website or EDUonGo Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through EDUonGo Services or as otherwise permitted by applicable law.
9. Prohibited Conduct. You agree that you are responsible for your own conduct while using EDUonGo Services and for any consequences thereof. You agree to use EDUonGo Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you agree that when using EDUonGo Services, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available through EDUonGo Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- upload, post, email or transmit or otherwise make available through EDUonGo Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of copyrightable material;
- remove any copyright, trademark or other proprietary rights notices contained in or on EDUonGo Services;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by EDUonGo;
- improperly restrict or inhibit any other user from using and enjoying EDUonGo Services;
- use EDUonGo Services for any illegal or unauthorized purpose;
- interfere with or disrupt EDUonGo Services or servers or networks connected to EDUonGo Services, or disobey any requirements, procedures, policies or regulations of networks connected to EDUonGo Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of EDUonGo Services or collect information about its Users for any unauthorized purpose; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
10. Fees; Payment.
10.1 Fees. EDUonGo may, now or in the future, charge service fees for the use of EDUonGo Services or certain content or services provided thereon. EDUonGo may also deduct a transaction fee from the amounts paid by a User for access and use of your instructional content and/or services provided through the Website. You agree to pay to EDUonGo all fees (including any applicable taxes) for content or services purchased on or through EDUonGo Services under your account at the then-current rates described on the Website at: [link to service rates]. Service and/or transaction fees will be billed at the time you purchase the services. Unless otherwise communicated to you by EDUonGo in writing, all fees and charges are nonrefundable. EDUonGo may change the fees for the use of EDUonGo Services, or any content, service or features provided thereon, or add new fees or charges, at any time. For any change in fees for ongoing services purchased under your account, EDUonGo will send you a notice of such change in advance of providing you with such services (via a message on or through the Website or email).
10.2 Payment. EDUonGo will bill charges through the payment method specified in your account (e.g. a credit card or electronic funds transfer). If you pay any applicable fees with a credit card, EDUonGo may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize EDUonGo to charge all sums described herein to such credit card account. You agree to provide EDUonGo updated information regarding your credit card and account upon EDUonGo’s request and any time the information earlier provided is no longer valid. For any amounts payable by EDUonGo to you (such as the amounts paid by a User for access and use of your instructional content after deduction by EDUonGo of its transaction fee), EDUonGo will pay such amounts to you through the payment method specified in your account.
11. User Submissions.
11.1 Generally. EDUonGo Services may allow you and other Users to submit, post, transmit, and share content with other Users, which may include, without limitation, informational materials, documents, forms, pictures, images, audiovisual works, and any user comments submitted by you and other Users on or through EDUonGo Services (collectively, “User Submissions”). User Submissions are provided to Users or displayed on or through the Website for informational purposes only and their content is not otherwise controlled or endorsed by EDUonGo. EDUonGo does not guarantee any accuracy or confidentiality with respect to any information contained in any User Submission, and strongly recommends that you think carefully about what you transmit, submit or post to or through EDUonGo Services. You understand that all information contained in User Submissions is the sole responsibility of the person from whom such User Submissions originated. This means that you, and not EDUonGo, are entirely responsible for all User Submissions that you upload, post, transmit, or otherwise make available through EDUonGo Services, as well as for any actions taken by EDUonGo or other Users as a result of such User Submissions.
11.2 Right to Remove or Edit User Submissions. EDUonGo makes no representations that it will publish or make any User Submission available on or through EDUonGo Services, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Submission on the Website, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, EDUonGo complies with the Digital Millennium Copyright Act, and will remove User Submissions from the Website upon receipt of a compliant takedown notice (see Section 20 below).
11.3 License Grant by You to EDUonGo. You retain all your ownership rights in your User Submissions, whether posted and/or uploaded by you or made available on or through EDUonGo Services by EDUonGo. By submitting your User Submissions to EDUonGo through EDUonGo Services, you hereby grant EDUonGo and its affiliates, sublicensees, partners, designees, and assignees of EDUonGo Services (collectively, the “EDUonGo Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof for any purpose whatsoever in connection with EDUonGo Services and EDUonGo’s (and its successors’) business, including, without limitation, for providing you with the services you have chosen consistent with the intended features of EDUonGo Services, for provision to all Users of certain services, features and/or contests available on or through EDUonGo Services, and for marketing, promoting, and/or redistributing part or all of EDUonGo Services (and derivative works thereof) in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed.
11.4 Limited License Grant to Other Users. By submitting or distributing your User Submissions through EDUonGo Services, you hereby grant to other Users a non-exclusive license to access or otherwise use your User Submissions for personal, non-commercial use. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Website, provided, however, that other Users’ rights to such User Submission arising out of distributions occurring on or prior to deletion of such User Submission from the Website survive any termination or expiration of the license granted in this Section 11.4.
11.5 User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you either own your User Submissions or have the necessary licenses, rights, consents, and permissions to use and authorize EDUonGo to display or otherwise use your User Submissions under all patent, trademark, copyright, or other proprietary rights in and to your User Submissions in a manner consistent with the intended features of EDUonGo Services and these Terms, and to grant the rights and license set forth in Section 11.3, and (ii) your User Submissions, EDUonGo’s or any EDUonGo Licensee’s use of such User Submissions pursuant to these Terms, and EDUonGo’s or any of EDUonGo Licensee’s exercise of the license rights set forth in Section 11.3, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation; or (c) require obtaining a license from or paying any fees and/or royalties by EDUonGo to any third party for the performance of any services you have chosen to be performed by EDUonGo or for the exercise of any rights granted in these Terms, unless you and EDUonGo otherwise agree.
11.6 Inaccurate or Offensive User Submissions. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources and that EDUonGo does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions. You understand that EDUonGo cannot, and does not, review all User Submissions and does not endorse any User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EDUonGo with respect thereto. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11.7 Feedback. If you provide EDUonGo with any comments, bug reports, feedback, or modifications proposed or suggested by you for EDUonGo Services (“Feedback”), EDUonGo shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into EDUonGo Services. You hereby grant EDUonGo a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
12.1 By EDUonGo. You agree that EDUonGo, in its sole discretion and for any or no reason, may terminate these Terms, any account you may have with EDUonGo or your use of EDUonGo Services, and remove and discard all or any part of any User Submissions uploaded by you, at any time. EDUonGo, in its sole discretion and at any time, may also discontinue providing access to EDUonGo Services, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to EDUonGo Services or any account you may have may be effected without prior notice, and you agree that EDUonGo will not be liable to you or any third party for any such termination except as described in these Terms. EDUonGo does not permit any fraudulent or illegal activities on or through EDUonGo Services and reserves the right to terminate access to EDUonGo Services and remove all content submitted by any persons who are found to be engaging in illegal activities. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of EDUonGo Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies EDUonGo may have at law or in equity.
12.2 By you. You may terminate your account, these Terms and your right to use EDUonGo Services at any time and for any reason or no reason, by contacting EDUonGo customer service at firstname.lastname@example.org or by deleting your account and discontinuing your use of EDUonGo Services. If you terminate these Terms or your account, you will remain obligated to pay all outstanding charges, if any, relating to your use of EDUonGo Services incurred before termination.
12.3 Loss of Your Information on Termination. Upon any termination or expiration of these Terms, whether by you or EDUonGo, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR OTHERWISE THROUGH EDUONGO SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and EDUonGo will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party.
12.4 Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections7, 8, and 10 through 22.
13. Third-Party Sites, Products and Services. EDUonGo Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. EDUonGo does not endorse any such Linked Sites or the information, content material, products, or services contained on or accessible through Linked Sites. Furthermore, EDUonGo makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
14. User Interactions and Disagreements.
14.1 User Interactions. The EDUonGo Services allow you to correspond or otherwise interact with other Users. You acknowledge that such other Users are not affiliated with or controlled by EDUonGo or its affiliates, and EDUonGo cannot influence the instruction, information, content, materials or services provided by them. Your correspondence or interaction with other Users is solely between you and such other Users. EDUonGo’s sole function is as a marketplace and facilitator of transactions related to educational materials between interested parties who enter into such transactions on their own terms. YOU AGREE THAT EDUONGO AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.
14.2 User Disagreements. You alone are responsible for your involvement and interactions with other Users. EDUonGo reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release EDUonGo (and EDUonGo’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
15. Disclaimers; No Warranties.
15.1 UNLESS OTHERWISE EXPRESSLY STATED BY EDUONGO, EDUONGO SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH EDUONGO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EDUONGO AND ITS AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UNLESS OTHERWISE EXPRESSLY STATED BY EDUONGO, EDUONGO AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, EDUONGO SERVICES, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
15.2 UNLESS OTHERWISE EXPRESSLY STATED BY EDUONGO, EDUONGO AND ITS AFFILIATES DO NOT WARRANT THAT EDUONGO SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH EDUONGO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EDUONGO SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH EDUONGO SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.3 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Indemnification. You agree to indemnify and hold harmless EDUonGo and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of EDUonGo Services, representations made to EDUonGo, its Users, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. EDUonGo reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EDUonGo, and you agree to cooperate with such defense of these claims.
17. Limitation of Liability and Damages.
17.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL EDUONGO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF EDUONGO SERVICES, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE EDUONGO SERVICES OR ANY LINKED SITES, THE CONTENT, OR ANY OTHER INTERACTIONS WITH EDUONGO, EVEN IF EDUONGO OR A EDUONGO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EDUONGO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17.2 Limitation of Damages. IN NO EVENT WILL EDUONGO’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’ OR SUPPLIERS’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF EDUONGO SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF EDUONGO SERVICES OR ANY PART THEREOF, OR FIFTY DOLLARS, WHICHEVER IS GREATER.
17.3 Linked Sites. THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY CONTENT, PRODUCTS OR SERVICES SOLD OR PROVIDED on any LINKED sites or otherwise BY THIRD PARTIES OTHER THAN EDUONGO AND RECEIVED THROUGH THE WEBSITE OR RECEIVED THROUGH ANY LINKED sites.
17.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT EDUONGO HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EDUONGO, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EDUONGO. EDUONGO would not be able to provide the EDUONGO SERVICES to You on an economically reasonable basis without these limitations.
18. Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to EDUonGo and EDUonGo Services, to email@example.com and, with respect to you, to the email address you provide to EDUonGo during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, EDUonGo may give you legal notice by mail to the postal mailing address provided during the registration process, if any, or if no such mailing address was provided during the registration process, by posting on the Website. In such case, notice will be deemed given three days after the date of mailing or posting, as applicable. You agree that all notices and other communications that EDUonGo provides to you electronically satisfies any legal requirement that such notice or communication be in writing.
19. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
20. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on EDUonGo Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EDUonGo’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on EDUonGo Services are covered by a single notification, a representative list of such works at EDUonGo Services;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EDUonGo to locate the material;
(iv) Information reasonably sufficient to permit EDUonGo to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EDUonGo's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
14205 SE 36th Street
Bellevue, WA 98006
or by email at firstname.lastname@example.org
For the avoidance of doubt, only DMCA notices should go to EDUonGo’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to EDUonGo customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
21. Dispute Resolution
21.1 Generally. In the interest of resolving any disputes that arise between you and EDUonGo in the most expedient and cost effective manner, you and EDUonGo agree that any and all disputes arising in connection with the Terms or your use of EDUonGo Services or any part thereof shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms or EDUonGo Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of your account for EDUonGo Services. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND EDUONGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21.2 Exceptions. Notwithstanding the contents of Section 21.1 above, you and EDUonGo agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
21.3 Arbitrator. Any arbitration between you and EDUonGo will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting EDUonGo.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that EDUonGo do not have a physical address on file for you, by electronic mail ("Notice"). EDUonGo's address for Notice is:
14205 SE 36th Street
Bellevue, WA 98006
21.4 The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and EDUonGo agree to use good faith efforts to resolve the claim directly, but if no such resolution is reached within 30 days after the Notice is received, you or EDUonGo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or EDUonGo shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if the dispute is finally resolved through arbitration in your favor, EDUonGo shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by EDUonGo in settlement of the dispute prior to the arbitrator’s award.
21.5 Fees. In the event that you commence arbitration in accordance with these Terms, EDUonGo will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in King County, Washington, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse EDUonGo for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
21.6 No Class Actions. YOU AND EDUONGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EDUonGo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
21.7 Modifications. In the event that EDUonGo makes any future change to this arbitration provision (other than a change to the EDUonGo's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to EDUonGo's address for Notice, in which case your account with EDUonGo shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
21.8 Enforceability. If either Section 21.6 or the entirety of this Section 21 is found to be unenforceable, then the entirety of this Section 21 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 22.1 below, shall govern any action arising out of or related to the Terms or your use of the Website and/or EDUonGo Services or any part thereof.
22.1 Choice of Law; Forum. These Terms shall be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Washington, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except as specified in Section 21, any action arising out of or in connection with these Terms will be heard in the federal, state, or local courts in King County, Washington, and you and YWCA SKS hereby irrevocably consent to the exclusive jurisdiction and venue of these courts.
22.2 Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.
22.3 Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by EDUonGo without restriction. Any assignment attempted to be made in violation of these Terms will be void.
22.4 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.5 Entire Agreement. This is the entire agreement between you and EDUonGo relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by EDUonGo as set forth in Section 5 above.
22.6 Claims. YOU AND EDUONGO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR EDUONGO SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by EDUonGo, Inc., located at
14205 SE 36th Street
Bellevue, WA 98006
and via email at: firstname.lastname@example.org.