BY USING OUR SITE, LEARNERLINK.COM, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTOOD THESE TERMS AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THEM (WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ESI. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR INTENT TO BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, PROMPTLY EXIT AND DO NOT USE THIS SITE.
1. LearnerLink Service.
We offer through the Site our LearnerLink service, which serves to connect certified teachers to students for tutoring and mentoring in all K-12 subject areas from skill development to college prep.
If you are a parent of a student desiring to access our tutoring or mentoring services, you must first become a registered user. Once registered, you can select your desired payment plan and schedule one or more tutoring/mentoring sessions on a mutually-agreeable schedule with your tutor(s) either online or at approved venues (i.e., a library, school or other public place). Payment will be due, and must be received by us, in advance of your student’s sessions. No sessions may take place at either the tutor’s or your student’s home. You will be responsible for transporting your student to and from live sessions, consulting with us or your tutor on utilization of our skills assessment tools, and keeping all of your contact information current.
If a tutoring/mentoring session must be cancelled, tutors and parents must make every effort to provide 24 hours’ notice to each other before the scheduled session. If a student does not attend a scheduled session or arrives more than 15 minutes after the scheduled start time, the tutor will record the session as a “no show” and will call the parent to reschedule the appointment. We reserve the right to charge parents for any “no show” session. We do not provide any refunds to parents for completed tutoring/mentoring sessions.
2. Restrictions on Use.
All pages within this Site and any material made available for download or access are the property of ESI or third parties with whom ESI has contracted. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages or may available for download or access may be reprinted, republished, modified, or distributed in any form without the express written permission of ESI. The Site is intended for your own personal use. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by ESI.
3. Trademark Notice.
The ESI logos, designs, and other marks used on the Site are logos, trademarks, and service marks of ESI. Other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.
4. User Representations; Prohibited Uses.
You represent and warrant that (a) your use of the Site is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Site; (b) the information you provide to us is correct; (c) you have the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms; and (d) your use of the Site shall be in accordance with these Terms and all applicable laws, rules or regulations. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To send, knowingly receive, upload, download, use or re-use any material which violates these Terms;
- To impersonate or attempt to impersonate ESI, an ESI employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm users of the Site or expose them to liability.
Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
5. Additional Products and Services.
ESI may, from time to time, offer for sale certain products and services on or through the Site (in addition to the tutoring/mentoring services). Such products and services can be purchased through use of your credit card, and all such purchases are non-refundable.
6. Disclaimers; Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT ESI HAS NOT PROVIDED ANY GUARANTEE OF SUCCESS OR OF SPECIFIC RESULTS IN CONNECTION WITH YOUR OR YOUR STUDENT’S USE OF THE TUTORING AND MENTORING SERVICES (OR ANY OTHER PRODUCTS OR SERVICES SOLD OR PROVIDED THROUGH THE SITE), AND HAS NOT PROVIDED ANY REPRESENTATIONS OR WARRANTIES REGARDING THE OUTCOME FROM SUCH TUTORING AND MENTORING SERVICES (OR ANY OTHER PRODUCTS OR SERVICES SOLD OR PROVIDED THROUGH THE SITE) (INCLUDING, WITHOUT LIMITATION, ANY SPECIFIC GRADES, TEST SCORES OR LEVEL OF SUBJECT MASTERY). THE SITE (INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT AND ANY PRODUCTS AND SERVICES OFFERED ON OR THROUGH IT) IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ALL PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, AND HYPERLINKED WEBSITES.
NEITHER ESI NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, TUTORS, SUBSIDIARIES, AFFILIATES, COUNSEL, INSURERS, REPRESENTATIVES, OR AGENTS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, ANY PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE, AND HYPERLINKED WEBSITES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS AND/OR SERVICES.
Although we attempt to ensure the integrity and accuracy of the Site, we make no guarantee whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
You will indemnify, defend, and hold us (and our shareholders, directors, officers, employees, tutors, subsidiaries, affiliates, counsel, insurers, representatives, and agents) harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively, “Losses”) that constitute, or arise out of or in connection with your (a) use of the Site, (b) purchase and/or use of any products and services offered on or through the Site, or (c) breach of these Terms. These defense and indemnification obligations will survive these Terms and your use of the Site. We have no obligation whatsoever to indemnify, defend, or hold you harmless from any Losses resulting from, relating to, or arising out of, these Terms, the Site, or any products or services purchased or otherwise obtained on or through the Site.
8. Links or Pointers to Other Sites.
We make no representations whatsoever about any other site that you may access through the Site. When you access a non-ESI site, please understand that it is independent from ESI, and that ESI has no control over the content of that site. In addition, a hyperlink to a non-ESI site does not mean that ESI endorses or accepts any responsibility for the content or your use of that site. It is up to you to take precautions to ensure that your use of the site does not expose you, or the device you are using to access the site, to items of a destructive nature such as viruses, worms, or trojan horses.
9. Personal Information.
10. Proprietary Information.
By sending us any information or material, you grant us an unrestricted, irrevocable, world-wide, royalty free license to any copyrights, trademarks, trade secrets, and patented or patentable information contained in such information or material, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. By sending us any information or material, you warrant that such information and material is free from viruses, worms, trojan horses, and other items of a destructive nature, and you assume liability for all direct or indirect damage caused by such information and material.
11. Copyright Infringement.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our sites or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement as described herein, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If you believe that any material on the site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent identified in the Notices Section below.
If you believe that your own copyrighted work is accessible on our website or service in violation of your copyrights, you may provide our designated agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
- Identify the URL or other specific location on the site or service that contains the material that you claim infringes your copyright described in Item 1 above.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
You may send your notification of alleged copyright infringement to our designated agent by fax, mail, or email as set forth below:
Educational Services, Inc.
14614 N. Kierland Blvd. Suite N230
Scottsdale, AZ, 85254
(480) 719-3271 (Phone)
(480) 535-9118 (Fax)
12. Dispute Resolution.
You agree that any claim or dispute you may have against us must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Except as explicitly stated otherwise, legal notices shall be in writing and delivered to Educational Services, Inc. at the following address: Educational Services, Inc., 14614 N. Kierland Blvd. Suite N230, Scottsdale, AZ, 85254, Attention: Director of LearnerLink, and shall be deemed given when actually received by us. Legal notices shall be delivered to you by email to the email address you provide to us during the registration process, and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, and, in such case, notice shall be deemed given three days after the date of mailing.
14. Governing Law.
Educational Services, Inc, Inc. is located at 14614 N. Kierland Blvd. Suite N230, Scottsdale, AZ, 85254.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section.
In our sole discretion, we may assign these Terms in accordance with the Notices Section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 10 calendar days after they are initially posted. Additionally, we may notify you via email to the primary email address you have provided. It is each user's responsibility to regularly check this Site for updates to these Terms. We will not be responsible for any emails that are not delivered due to changes in your primary email address that are not updated in your account or to being captured in your email filter. If you do not agree with the terms of these Terms following any such amendment, you must contact us and request to have your account terminated, and should not use the Site following the effective date of such amendment. Except as set forth above, these Terms may not be otherwise amended except in writing signed by you and us.
These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
If you have any questions regarding the Site or these Terms, please send an email to info@LearnerLink.com. You may also contact us by writing to Educational Services, Inc., 14614 N. Kierland Blvd. Suite N230, Scottsdale, AZ, 85254, or by calling us at (480) 719-3271.