Terms of Use
These Terms of Use ("Terms") apply to your use of the Lyceum Institute of Teaching website ("Site") located at wytrix.com, as well as any mobile device application or other means authorized or provided by Lyceum Institute of Teaching ("Lyceum"). Prior to using or continuing to use the Site, please read and comprehend these Terms. You should not agree to these Terms unless you completely understand and accept each provision. By using or continuing to use the Site, you affirm and guarantee that you comprehend, consent to, and accept all of the terms and conditions contained in these Terms.
General Terms
Lyceum Institute of Teaching provides this Site to Users seeking tutoring services (“Students”) and to Users seeking to provide tutoring services (“Tutors”), as well as to any other entity that accepts these Terms on behalf of Users. The term "you" or "You" or "User" or "Users" refers to Students, Tutors, or any individual or entity who views, uses, accesses, or browses any content on the Site and/or creates, uploads, posts, sends, receives, or stores content on the Site. These Terms constitute an agreement between Lyceum Institute of Teaching and you, and you accept these Terms by:
- accessing or viewing the content of the Site
- contracting for tutoring lessons through the Site
- registering as a tutor or providing tutoring lessons through the Site
- using the Site in any other way
- acknowledging agreement with these Terms
If you do not agree to these Terms, do not use the Site.
If anything on or associated with the Site conflicts or is inconsistent with these Terms, these Terms will prevail. Any express waiver or failure to promptly exercise any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is deemed invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU COMPREHEND EACH PROVISION. THIS AGREEMENT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT NECESSITATES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO SETTLE DISPUTES, RATHER THAN USING JURY TRIALS OR CLASS ACTIONS.
Privacy Policy
Please refer to Lyceum Institute of Teaching's Privacy Policy located at [Enter URL for Privacy Policy page] for details on how we collect, use, and disclose information about you.
Note regarding Student Data: Educational service providers such as schools, school districts, or teachers (collectively referred to as "Schools") may purchase the services of independent Lyceum Institute of Teaching Tutors directly from us for educational purposes. When we contract with a School to provide tutoring services, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. We consider such Student Data to be strictly confidential and generally do not use it for any purpose other than to improve and provide tutoring services to the School or on the School's behalf. Our collection, use, and sharing of Student Data are governed by these Terms of Use and any applicable laws and regulations, including provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA"), and relevant state laws, including but not limited to the Illinois Student Online Personal Protection Act (SOPPA). Tutors who provide services to Schools under such an arrangement are expressly bound by these Terms of Use and the Student Data privacy provisions contained herein, and are required to maintain the confidentiality of Student Data.
Services
The Site functions as a marketplace for individuals seeking tutoring services to connect with those who offer tutoring services. As independent contractors employed by Students, Tutors are responsible for deciding and controlling the methods, materials, scheduling, frequency, duration, and all other aspects of the tutoring services they provide.
It is the responsibility of Students to select the appropriate tutor for their requirements. When making hiring decisions, Students should review and research each tutor's self-reported qualifications, education, and experience, as well as feedback from other students. IF THE STUDENT IS UNDER THE AGE OF 18, ALL TUTORING SESSIONS SHOULD BE MONITORED BY A RESPONSIBLE ADULT.
Lyceum Institute Of Teaching operates and manages the Site from various locations within the United States and cannot guarantee accessibility of this website in all locations. Lyceum’s services may not be available in your location, and available services may differ among locations. Additionally, while Lyceum Institute Of Teaching will attempt to deliver all messages sent through the Site's messaging system, it does not guarantee delivery of all messages.
To use the Site, you must have access to the Internet, either directly or through devices that can access web-based content, and pay any associated service fees or costs. Additionally, you must provide all equipment necessary to establish such a connection to the Internet, including a computer and modem or other access device. If you are under eighteen (18) years of age, you may only use the Site with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may have additional policies regarding the use of the Site, which you must comply with.
If you use the Lyceum Institute of Teaching Site to provide the Service to students in a School, you confirm and certify that you are an authorized representative of the School with the power to bind the School to this Agreement, and that you agree to this Agreement on the School's behalf. If you contact Lyceum Institute of Teaching to perform any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).
The U.S. Children's Online Privacy and Protection Act ("COPPA") mandates that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13, you confirm and certify that you have the authority to give consent on behalf of parents for Lyceum Institute of Teaching to collect information from students under 13 before allowing such students to access our Service. We advise that all Schools provide appropriate disclosures to students and parents about their use of service providers such as Lyceum Institute of Teaching and that they provide a copy of our Privacy Policy to parents.
Academic History
The services provided by Lyceum Institute of Teaching are intended to aid learning, not to promote or facilitate cheating or any other form of academic dishonesty. You are prohibited from using the Site to engage in, aid, or assist in any form of academic dishonesty, such as completing assignments or projects, writing papers or essays, taking (or helping to take) quizzes or exams on someone else's behalf, or engaging in any activity that would breach the academic or conduct policies of a school, university, academic institution, or workplace.
Your Obligations and Conduct
All Users must: (a) be of legal age and have the capacity to agree to these Terms on their own behalf or on behalf of a minor who will be receiving tutoring services; (b) reside within the United States; (c) provide accurate, up-to-date, and complete information about themselves as required during Site registration ("Registration Data"); (d) safeguard the security of any password and identification information used to access the Site; (e) maintain and promptly update the Registration Data and any information provided to Lyceum Institute of Teaching, ensuring it is accurate, current, and complete; and (f) accept all risks of unauthorized access to information and Registration Data.
Upon completing the registration process on the Site, you will have a password. You are responsible for keeping the password confidential and fully accountable for all actions taken under your password or account. You agree to (a) notify Lyceum Institute of Teaching immediately of any unauthorized use of your password or account or any other security breach, and (b) guarantee that you log out of your account at the end of each session. Lyceum Institute of Teaching cannot and will not be held responsible for any unauthorized access to your account or data that results from your actions or omissions. Users must use the Lyceum Institute of Teaching Site in a manner that is lawful, appropriate, and relevant to the applicable forum., Lyceum Institute of Teaching at its sole discretion, may suspend or terminate a User with or without notice for any inappropriate or offensive use of the Site. Specifically, Users may not:
- Defame, abuse, harass, harm, stalk, threaten, or violate the legal rights of others, including privacy and publicity rights.
- Create, upload, post, send, receive or store any false, misleading, profane, defamatory, infringing, hateful, distasteful, obscene, or unlawful content or material.
- Use the Site in violation of any local, state, national, or international law or regulation, including wage/hour and working condition laws and regulations.
- Create fraudulent accounts or misuse the Site, including misappropriating any Site information or content for personal commercial gain.
- Upload files containing software or content that infringes upon any third party's rights, including intellectual property rights or privacy and publicity rights.
- Upload files containing viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other software, malware, or content that may damage, impair, disable or otherwise interfere with any device, computer system or network.
- Take any action that undermines any aspect of the Site
- Attempt to gain unauthorized access to the Site, other User accounts, or any device, computer system, or network connected to the Site.
- Advertise or sell any goods or services for commercial purposes on the Site that are not appropriate or relevant to the Site.
- Impersonate another person or entity, or allow another person or entity to impersonate you or use your credentials to access the Site.
- Post the same content repeatedly or spam, as spamming is strictly prohibited.
- Download, copy, or transmit any file posted by another User that you know or should know cannot be legally published through the Site.
- Access, download, or copy any Site information, content, and/or materials through artificial means, including spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting, or any other similar means.
- Reproduce, duplicate, copy, sell, re-sell, or exploit any Site information, materials or content.
- Restrict or inhibit any other User from using and enjoying the Site.
Lyceum Institute of Teaching reserves all of its rights under the Communications Decency Act, including its right to remove anything objectionable in its sole discretion. Any alleged improprieties by any User may be reported to Lyceum Institute of Teaching by email at [Enter URL of Support Page]
School Accounts and school Data
When a School uses Lyceum Institute of Teaching for educational purposes, Lyceum Institute of Teaching may collect or have access to Student Data provided by the School or a student. "Student Data" refers to personal information that directly relates to an identifiable student and may include "educational records" as defined by the Family Educational Rights and Privacy Act ("FERPA").
The Student Data is owned and controlled by the School or the student, not Lyceum Institute of Teaching . By using the Service, you authorize Lyceum Institute of Teaching to access, collect, transmit, modify, display and store the Student Data as necessary to provide the Service, in accordance with this Agreement and our Privacy Policy.
Compliance with Laws. Lyceum Institute of Teaching, as a School Official with a legitimate educational interest pursuant to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232(g), may collect and process Student Data in accordance with applicable State laws relating to student data privacy and all other laws and regulations governing the protection of Student Data.
Use of Student Data. By submitting, providing access to, or causing the receipt of Student Data, you agree that Lyceum Institute of Teaching may use the Student Data for the purposes of
- providing the Service
- improving and developing our Service
- enforcing our rights under these Terms
- as permitted with the School's or the User's consent.
Use of De-Identified or Anonymized Student Data. You agree that, both before and after the term of the Agreement, Lyceum Institute of Teaching may collect, analyze, use, and retain data derived from Student Data as well as data about users' access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that Lyceum Institute of Teaching may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized in a way that cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that Lyceum Institute of Teaching may provide customized content, advertising, and commercial messaging to school, teacher, or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. Lyceum Institute of Teaching shall never use Student Data to engage in targeted advertising.
Disclosure of Student Data and Third-Party Service Providers. You acknowledge and agree that Lyceum Institute of Teaching may provide access to Student Data to our employees and service providers who have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data. Lyceum Institute of Teaching shall not share Student Data with third parties other than as described in this Agreement and in the Lyceum Institute of Teaching Privacy Policy, or with consent of the School or parent.
Student Data Access and Deletion Requests. You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that Lyceum Institute of Teaching shall not be required to delete Student Data that has been moved to a personal account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School account will be instructed to contact the School to discuss data deletion or modification. Lyceum Institute of Teaching is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. At Lyceum Institute of Teaching, we have put in place administrative, physical, and technical measures to ensure the security of personal information in our possession and control against unauthorized access, disclosure, and use. In case of a Security Event where an unauthorized party gains access to or disclosure of Student Data that we have collected or received through the Service under this Agreement, we will promptly notify the School. If a Security Event occurs due to the acts or omissions of Lyceum Institute of Teaching or its agents, and a notification to an individual, organization, or government agency is required under applicable privacy laws, the School will be responsible for the timing, content, and method of any such legally-required notice, and compliance with such laws. Lyceum Institute of Teaching will indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event that is not caused by the acts or omissions of Lyceum Institute of Teaching or its agents, we will reasonably cooperate with the School's investigation of the Security Event, as requested by the School at their reasonable expense, but Lyceum Institute of Teaching will not indemnify the School for costs associated with the Security Event. Lyceum Institute of Teaching will be responsible for the timing, content, cost, and method of notice and compliance with such laws as they relate to users that are not associated with a School account.
Confidentiality
Confidentiality of Lyceum Institute of Teaching information
As a user of the Lyceum Institute of Teaching website, you may have access to confidential information belonging to Lyceum Institute of Teaching and its affiliates, including technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). It is your responsibility to hold Confidential Information in strict confidence. Lyceum Institute of Teaching and its affiliates retain all right, title, and interest in the Confidential Information.
The Terms do not require you to maintain the confidentiality of any information that you can prove by legally sufficient evidence: (a) you already possessed prior to receiving it from Lyceum Institute of Teaching, without an obligation to maintain its confidentiality; (b) that is or becomes generally known to the public through no act or omission by you, or otherwise without violating the Terms; (c) that you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) that you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it; or (e) that you are required to disclose by a valid court order or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and disclosed after prior notice to Lyceum Institute of Teaching that is sufficient to allow Lyceum Institute of Teaching the opportunity to object to the disclosure.
User Content
As a User of Lyceum Institute of Teaching's Site, you are solely responsible for any content that you create, transmit or display while using the Site.
Lyceum Institute of Teaching may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, videos, files, documents, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Site is referred to as "User Content").
Lyceum Institute of Teaching claims no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lyceum Institute of Teaching a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Lyceum Institute of Teaching's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Site and under this Agreement.
You must have the legal right to the User Content you submit to the Site. You may not upload or post any User Content to the Site that infringes the copyright, trademark, or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post from the owner or by law.
Users shall not create, upload, post, send, receive, or store User Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, inconsistent with the Lyceum Institute of Teaching mission, or otherwise objectionable to Lyceum Institute of Teaching or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Lyceum Institute of Teaching reserves the right to edit or remove User Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
Terms of transacting business
Users of Lyceum Institute of Teaching must comply with its tutor and student payment policies. All costs associated with the services provided through Lyceum Institute of Teaching must be paid by the Users. These costs may include, but are not limited to: (a) the hourly rate of a tutor as listed; (b) travel and transportation fees; (c) cancellation fees as described in a tutor's cancellation policy, which can be found on the tutor's profile on the Site; (d) a service fee as listed, and (e) the Platform Fee arranged between the Tutor and Lyceum Institute of Teaching.
Advertisements & Promotions
Lyceum Institute of Teaching may display advertisements and promotions from third-party advertisers on the website. Any correspondence or business dealings, including the payment and delivery of goods or services, between you and such advertisers found on or through the Lyceum Institute of Teaching website, are solely between you and the advertiser. Lyceum Institute of Teaching is not responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such non-Lyceum Institute of Teaching advertisers on the website.
Text Message Notifications
Tutors may opt in to receive text message notifications for new student messages, new message reminders, job opportunities and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
Content Provided via Links
You may find links to other websites or resources on the Site. You acknowledge and agree that Lyceum Institute of Teaching is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Lyceum Institute of Teaching will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Intellectual Property RIghts
Lyceum Institute of Teaching grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the purposes provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Lyceum Institute of Teaching, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Lyceum Institute of Teaching reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Lyceum Institute of Teaching. You may like or follow Lyceum Institute of Teaching or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved. Except as expressly authorized by Lyceum Institute of Teaching or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Lyceum Institute of Teaching discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“Lyceum Institute of Teaching Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Lyceum Institute of Teaching uses in connection with its products and services. You may not remove or alter any Lyceum Institute of Teaching Trademarks, or co-brand your own products or material with Lyceum Institute of Teaching Trademarks, without Lyceum Institute of Teaching’s prior written consent. You acknowledge Lyceum Institute of Teaching’s rights in Lyceum Institute of Teaching Trademarks and agree that any use of Lyceum Institute of Teaching Trademarks by you shall inure to Lyceum Institute of Teaching’s sole benefit. You agree not to incorporate any Lyceum Institute of Teaching Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by Lyceum Institute of Teaching on the Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
Copyright Infringement
At Lyceum Institute of Teaching, we value intellectual property and expect our Users to do the same. Therefore, Users are prohibited from posting, modifying, distributing, or reproducing any copyrighted material on the Site without obtaining prior written consent from the owner. If we believe that any Content on the Site infringes on the copyright rights of others, we reserve the right to remove it and/or terminate the accounts of Users who violate this policy.
If you believe that your copyrighted material has been posted on the Site without your permission, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (DMCA). To request removal of content, your notice must include: (a) your physical or electronic signature, or that of a person authorized to act on your behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, with enough information for us to locate it; (d) your contact information; (e) a statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices must comply with the current statutory requirements of the DMCA. Please note that knowingly misrepresenting that online material is infringing may subject you to criminal prosecution for perjury and civil penalties.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached by email or mail, as listed on our Site. Please note that this procedure is exclusively for notifying Lyceum Institute of Teaching of alleged copyright infringement.
We may terminate the accounts of Users who violate this policy and, in appropriate circumstances, limit their access to the Site. It is recommended that you consult with an
Termination and suspension
Lyceum Institute of Teaching reserves the right to modify or temporarily discontinue the Service (or any part thereof) at any time and without notice. You acknowledge and agree that Lyceum Institute of Teaching shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of the Service.
Lyceum Institute of Teaching may, at its sole discretion, suspend or terminate your password, account (or any part thereof), or use of the Service for any reason, including, but not limited to, lack of use or if Lyceum Institute of Teaching believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that any termination of your access to the Service under any provision of these Terms may be implemented without prior notice, and Lyceum Institute of Teaching may immediately deactivate or delete your account and all data related to your account and/or bar any further access to the Service. Furthermore, you agree that Lyceum Institute of Teaching shall not be liable to you or any third party for any termination of your access to the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, PROVIDED BY LYCEUM INSTITUTE OF TEACHING, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. LYCEUM INSTITUTE OF TEACHING DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. LYCEUM INSTITUTE OF TEACHING MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
LYCEUM INSTITUTE OF TEACHING MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE SERVICES ARE APPROPRIATE FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitations of Liability
Lyceum Institute of Teaching provides a platform for individuals seeking tutoring services to connect with individuals offering tutoring services. We want to make it clear that Lyceum Institute of Teaching has no control over the actions of any user, whether on or off the site, and we do not guarantee the quality of services provided by any user. Users interact with each other directly and we are not responsible for any disputes, claims, losses, injuries, or damages that may arise during or after user interaction.
To the fullest extent permitted by law, Lyceum Institute of Teaching is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages arising out of or in connection with the site, even if Lyceum Institute of Teaching has been advised of the possibility of such damages. This includes, but is not limited to, damages due to the use or inability to use the site, procurement of substitute goods or services, statements or conduct of any third party on the site, or any content or information that users may download, use, modify, or distribute. These limitations apply regardless of whether the claim is based on breach of contract or tort (including negligence). In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Lyceum Institute of Teaching, or $100, whichever is less.
You and Lyceum Institute of Teaching agree that the warranty disclaimers and limitations of liability in these terms are material and have been taken into account in determining the consideration to be given by each party under this agreement. If you are dissatisfied with the site or do not agree to any provisions of these terms, your sole and exclusive remedy is to discontinue using the site, except as may be provided for in this section.
Assumption of Risk
Users of the Lyceum Institute of Teaching are responsible for their own safety when using the Site. This includes all risks associated with any interactions with other Users, whether online or offline. It is the responsibility of Users to take necessary precautions, as outlined in the Lyceum Institute of Teaching's Tutor and Student Safety Tips, when interacting with other Users.
Indemnification
Users of the Lyceum Institute of Teaching are responsible for indemnifying, defending, and holding harmless the Institute and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives against any claims, demands, losses, expenses, damages, and/or liabilities, including attorney's fees and court costs, arising from or related to their actions or omissions on or off the site, violation of any rights of another, including intellectual property rights, breach of the Institute's terms, disputes with other Users, misuse of the site, inaccurate or misleading User information, use of third-party services, and any contracts or arrangements made based on information obtained from the site. Users must cooperate with the Institute in the defense of any claims and the Institute reserves the right to assume exclusive defense and control of any matter subject to indemnification by Users. Users cannot settle any claim on behalf of the Institute without its written consent.
Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT GOVERNS THE RESOLUTION OF DISPUTES BETWEEN YOU AND LYCEUM INSTITUTE OF TEACHING. In the event of any dispute, you agree to first contact Lyceum Institute of Teaching at [link of support page] and attempt to resolve the dispute informally. If the dispute cannot be resolved within sixty (60) days, both parties agree to resolve any claims, disputes, or controversies (excluding claims for injunctive or other equitable relief as provided below) arising from or related to this agreement through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided below. JAMS can be contacted at www.jamsadr.com. The arbitration will be conducted in the county where Lyceum Institute of Teaching is located, unless both parties agree otherwise. If you are a school or are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator's award shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes, JAMS may require you to pay a fee for initiating your case, unless you successfully obtain a fee waiver from JAMS. The arbitrator's award may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses. You may also sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This section does not prevent Lyceum Institute of Teaching from seeking injunctive or other equitable relief from a court as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights.
Injunction
Users acknowledge that a material breach of the Terms would cause significant harm to Lyceum Institute of Teaching that cannot be remedied through monetary damages alone. Therefore, in addition to any other legal remedies available, Lyceum Institute of Teaching reserves the right to seek equitable relief through the court system, including preliminary and permanent injunctions, in the event of such a breach. Users waive any requirement for the posting of a bond or other security if Lyceum Institute of Teaching seeks such an injunction.
Notices; modification and termination of services; amendment of terms
Lyceum Institute of Teaching may provide notice to Users through email, regular mail, or by posting notices or links to notices on the Site. Lyceum Institute of Teaching reserves the right to modify, suspend, or terminate its services (or any part of them) and/or access to them, with or without notice. Lyceum Institute of Teaching may also delete or block access to all related information and files. Lyceum Institute of Teaching will not be held liable to Users or any third-party for any modification, suspension, or termination of service or loss of related information. Lyceum Institute of Teaching may update these Terms at any time by posting the updated terms on this Site. Your continued use of the Site after such an update constitutes acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Site.
Notwithstanding the above, Lyceum Institute of Teaching shall not make any material changes to the Terms related to the collection or use of Student Data without first notifying the school or parent and providing a choice before the Student Data is used in a materially different manner than when the information was collected.
Governing law; waivers
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in San Mateo County, California for any dispute arising out of or related to this Agreement. You also agree that San Mateo County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
For any claims, you agree to bring such claims solely in your individual capacity and not as a class member or plaintiff in any purported class or representative proceeding. This waiver includes class arbitration, and unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. By agreeing to this Agreement, you and Lyceum Institute of Teaching are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Entire agreement
This Agreement represents the complete agreement between you and the Lyceum Institute of Teaching with respect to its subject matter and supersedes any prior versions of this Agreement. You are not permitted to assign or transfer this Agreement or any right granted under it. Additionally, your use of the Lyceum Institute of Teaching Site or third-party products or services may be subject to additional terms and conditions.