The following terms and conditions (the "Terms") govern your use of the websites located at https://oaklearningcenter.com. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AS APPLIED TO YOUR USE OF THE SITE.
You should also read our Privacy Policy, which is incorporated by reference into these Terms. If you do not accept and agree to be bound by these Terms, including our Privacy Policy, do not use the Site or the products and services offered on the Site (collectively, “Services”). By accessing the Site, you consent to these Terms in electronic form. To withdraw this consent, you must cease using the Site and, if applicable, terminate your account.
Users under the age of 18 must (a) review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms, and (b) not access the Site and uninstall any application if his or her parent or legal guardian does not agree to these Terms.
1. PROPRIETARY RIGHTS.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the technology underlying the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and instructional materials and other text), software, code, and data available to you in connection with the Site or Services and all content related to our programs even if the content is not accessed through the Site (collectively, “Company Content”), and the look and feel, design and organization of the Site. Your use of the Site or Services does not grant to you ownership of any Company Content.
2. LIMITED LICENSE.
You may access and view the Company Content on your computer or other internet compatible device, and make single copies or prints of the Company Content for your personal, non-commercial use only. To the extent you need to download software or documentation to use the Services, we grant you a limited, non-assignable, non-transferable, revocable license to use such software or documentation solely to utilize the Services. Such license will terminate when you no longer use the Services. For our mobile applications, we grant you a nonexclusive, non-transferable, worldwide, and perpetual license to perform, display, and use the mobile application for your personal, non-commercial use only. The Site and the Services, including any Company Content, are only for your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Site at any time and without prior notice.
3. TRADEMARKS.
Trademarks, logos, service marks and trade names (collectively, "Trademarks") that are ours or Trademarks of any third party displayed on the Site or on Company Content may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
4. USER CONTENT.
(a) Any ideas, suggestions, survey responses, or testimonials that you submit to us or information you submit or post to our chat rooms, message boards, and/or our blogs ("User Content") will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending User Content to us, you: (i) represent and warrant that the User Content is original to you, that no other party has any rights thereto, and that any "moral rights" in User Content have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute the User Content (in whole or part). We are not responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.
(b) By submitting or sending any problems or questions (excluding those from academic source materials such as textbooks or workbooks) or documents such as essays to us through the Site for help from or review by our tutors, instructors, or counselors ("Submitted Materials"), you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use the Submitted Materials for quality control, for the professional development of tutors, instructors, or counselors, to improve our products and services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
(c) For any academic source materials such as those from textbooks and workbooks which you submit to us in connection with the Services, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you represent and warrant that you are in proper legal possession of such textbook or workbook and that your instruction to our system to display a page or problem from your textbook or workbook is made for the sole purpose of facilitating your instructional session, as “fair use” under copyright law.
(d) You agree that we may record and produce transcripts of all or any part of any live online classes and online tutoring and meeting sessions (including voice chat communications and videos) for quality control, for the professional development of tutors, instructors, or counselors, to improve our products and services, to share with third parties (on a de-identified basis) for research purposes, and to use and share in accordance with our Privacy Policy. We reserve the right to review the live online classes and online tutoring and meeting sessions for any purpose. You agree that we own all transcripts and recordings of such live online classes and online tutoring and meeting sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings.
5. CERTAIN OBLIGATIONS AND PROHIBITIONS.
(a) Any commercial distribution, publishing or exploitation of the Site or any Company Content is strictly prohibited. Except as expressly permitted by these Terms or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works of, sell or otherwise exploit any Company Content. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the Services, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party's advertising, branding or other promotional content into any of the Company Content or Services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site
(c) You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any Services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the Services including but not limited to any information residing on any server or database connected to the Site or any Services; (ii) use the Site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or the Services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site, the Services, or any feature made available on or through the Site, any materials or code which (i) restrict or inhibit any other user from using and enjoying the Site or the Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
(f) You agree that you will treat our online tutors, instructors, and counselors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site, Services, and information offered on the Site to recruit, solicit, or contact in any form tutors, instructors, or counselors for employment or contracting for a business not affiliated with us without our advance written permission.
(g) If you use, or assist another person in using, our online tutoring services in any unauthorized way, you agree that you will pay us an additional $50 per hour for any time we spend to investigate and correct such use, plus any third party costs of investigation we incur (with a minimum $250 charge). You agree that we may charge any credit card number provided for your account for such amounts. For example, if you create 20 accounts under a hypothetical “one free hour” promotion, using multiple cell phones and/or credit cards, you agree that we may charge your card $1,000 (20 hours times $50) plus $250 in costs, for a total of $1,250. You further agree that you will not dispute such a charge and that we retain the right to collect any additional actual costs.
6. RIGHT TO MONITOR AND EDITORIAL CONTROL.
We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Site or through the Services or Site’s features or (b) refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, violate these Terms, or violate applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice of liability.
7. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
8. LINKS.
(a) You may be able to link from the Site to third party websites and third party websites may link to the Site. Our tutors, instructors, and counselors may also send you links to third party websites. You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through third party websites. Links to third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
(b) You agree that if you include a link from any other website to the Site, such link will open in a new browser window and will link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or the Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Site on another website, for any purpose, including but not limited to posting such images on another website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.
9. INDEMNIFICATION.
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
10. DISCLAIMER OF WARRANTIES.
(a) THE SITE, THE SERVICES, AND COMPANY CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR YOUR DOWNLOADING OF ANY COMPANY CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from tutors, instructors, or counselors (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS, INSTRUCTORS, AND COUNSELORS OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR, INSTRUCTOR, OR COUNSELOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR THE SERVICES.
13. LIMITATION OF LIABILITY.
(a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING TUTORS, INSTRUCTORS, AND COUNSELORS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICES, OR COMPANY CONTENT, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
(b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE, THE SERVICES, OR COMPANY CONTENT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE SERVICES IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
11. APPLICABLE LAWS AND ARBITRATION.
We control and operate the Site and Services from our offices in Ontario, Canada. We do not represent those materials on the Site or Services are appropriate for use in other locations. Persons who choose to access the Site or Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site or Services will be BINDING ARBITRATION administered by the Canadian Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the Province of Ontario will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
Regarding claims:
(a) By using the Site or Services, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Ontario, Canada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
12. TERMINATION.
We may terminate, change, suspend or discontinue any aspect of the Site or the Services at any time. We may restrict, suspend or terminate your access to the Site or the Services if we believe you are in breach of these Terms or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
13. CHANGES TO TERMS OF USE.
We reserve the right, at our sole discretion, to modify any portion of these Terms at any time. Changes in these Terms will be effective when posted. Your continued use of the Site and/or the Services after any changes to these Terms are posted will be considered acceptance of those changes.
14. COMMUNICATION.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.