Certain areas of the Website may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and terms and conditions posted for a specific area of the Website, the latter terms and conditions will take precedence with respect to your use of or access to that specific area of the Website, but this Agreement shall still control.
Membership in the Service is void where prohibited. Any access to or use of the Service by anyone under the age of majority is expressly prohibited and requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website and/or Service, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Service and this Agreement. If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. How the Service Works
We are an online marketplace for Students and independent Providers. For Providers, we offer various hosted products to support instruction including marketing, promotion, reservation and communication tools. Providers can also apply to be listed on the Website where prospective Students can review their profile, communicate with Providers and reserve for promoted instructions, experiences and other services ancillary thereto (called a "Promoted Listing"). For Students, we provide a marketplace to find a suitable independent Provider and reserve for promoted instructions, experiences and other services ancillary thereto. Users may be able to review Promoted Listings as an unregistered visitor to the Website; however, if you wish to reserve a Promoted Listing as a Student, to create a Promoted Listing as a Provider, to use hosted tools or access certain areas of the Website, you must first become a registered Member of the Website. See the How It Works section of the Website for more information.
You may use the Website at no direct cost. As a Website user, you may have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to reserve or offer Promoted Listings, you must become a registered Member of the Website. To become a Member, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Service. A Member may not have more than one active LessonSociety Account. We reserve the right to suspend or terminate your LessonSociety Account and your access to the Website for any reason.
a. Student Membership.
As a Student Member, you will have the ability to reserve for Promoted Listings, communicate with Providers, access help documents and use any other Website services provided to Student Members. As a Student Member you must continually comply with this Agreement and the Student Policies set forth here. Additional terms and conditions of service may be contained within your Student Member account.
b. Provider Membership.
As a Provider Member, you will have access to tools that enable you to manage marketing, promotion, reservation, communication and other tools provided by us. In addition, you will have the opportunity to apply for a Promoted Listing. Acceptance for Promoted Listing on the Website is at our sole discretion and we may remove Promoted Listings from the Website at any time for any reason. Any Promoted Listing you post (i) must not breach any agreements you have entered into with anyone, including this Agreement; and (ii) must contain accurate, current and complete information. If you are accepted and your Promoted Listing is presented on the Website, you must continually comply with this Agreement and the Provider Policies set forth here. We reserve the right, but no the obligation, to verify the qualification or statement of our Provider Members. Provider Members are the Providers and issuers of the Promoted Listings and are solely responsible to the student for the care, quality, and delivery of the services provided. As part of your Provider Membership, you will be required to receive messages via text / SMS and may incur costs from your carrier or mobile service provider as a result of these messages. Additional terms and conditions of service may be contained within your Provider Member account.
c. Independent Contractor Status.
When a Student Member chooses a Provider from our Website, you are hiring us to provide services to you through our network of independent contractors. You acknowledge that Providers are independent contractors who operate a separate and distinct business from LessonSociety. As such, we do not control the manner or method of service to you, exercise no control over the working relationship and do not warrant the service of any Provider. We urge all users of the Website to be responsible and careful about their use of the Service and any transaction entered into as a result of a Promoted Listing on the Website.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability or authenticity of any information contained within the Promoted Listings or of any information posted by a Member on the Website. We assume no responsibility for ensuring a Member’s compliance with any applicable laws, rules and regulations or this Agreement. We have not inspected the location where any instruction will be provided. We are not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Website and/or the Service.
Although each member must agree to this Agreement, we cannot and do not guarantee that the material and content posted by each Member to be true and warranted. We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, THE SERVICE OR OTHERWISE.
Provider Members and LessonSociety are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Responsibilities for paying all Income Tax and other liabilities payable in relation to any income generated from a sale is held by the Provider Members.
e. Code of Conduct.
While using the Website you agree not to:
Restrict or inhibit any other visitor or Member from using the Service, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Website;
Use the Service for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
"Frame" or "mirror" any part of the Website without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Harvest or collect information about Website visitors or Members without their express consent;
Create more than one profile without our express written consent;
Permit anyone else whose account or subscription was terminated, or who is not a Member, to use the Website through your subscription, username or password;
Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Solicit any instructor or user to work with or for another company for employment, independent contracting services, performances, or other service; or
Engage in any communication related to sexual conduct, nudity, or which expresses profanity.
Unlike many other parties, we will not charge Student Members for our service or add any additional (reservation) fees to the price of Promoted Listing.
Provider Members pay a commission (a small percentage of the price of Promoted Listing) to us after the student has attended (and paid) the instruction.
By making a reservation with a Provider Member, you accept and agree to the relevant cancellation and no-show policy of that Provider Member, and to any additional (delivery) terms and conditions of the Provider Member that may apply to your reservation or during your instruction, including for services rendered and/or products offered by the Provider Member (the delivery terms and conditions of a Provider Member can be obtained with the relevant Provider Member).
Student Members generally must fulfill their reservations, and may not absent without notification on a regular basis or without cause. No-show will affect Student’s entitlement for promotion that is subject to Provider’s discretion. If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein.
7. Further Correspondence
By completing a reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your instruction inviting you to complete our student review form. Please see our Privacy and Cookies Policy for more information about how we may contact you.
8. Editor Ratings
LessonSociety is all about helping Provider Members leverage their skills. We seek to empower top performing Provider Members with helpful tools to grow their business. Provider Members who invest in Promoted Listing may achieve greater client satisfaction. And, if they respond on time and maintain high popularity, quality and user ratings, LessonSociety may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Provider Members can gain account Editor Ratings based on their activity, performance and reputation on top of their profile completeness and voluntary submission of the proof of qualifications or equivalents. The advancement criteria can be found here. Advancement in Editor Ratings are updated periodically by an automated system. The current Editor Ratings a Provider Member can achieve are, Editor Rating 1, 2, 3, 4 and 5 Stars. Provider Members who cannot maintain their high quality service, experience a severe drop in ratings, or stop complying with code of conduct risk losing their Provider Membership status and the benefits that come with it. Advanced Editor Ratings provide their owners with additional benefits, including listing higher in Best Match (LessonSociety’s default sort order for search results), higher explosure opportunities or lower commission fees. The goal of Best Match is to increase sales and reduce bad student experiences, making sure that Students are happier and more likely to return to LessonSociety for future instructions.
Feedback reviews provided by students while completing an instruction are an essential part of LessonSociety's rating system. Reviews demonstrate the student's overall experience with the Providers and their service. Students are encouraged to communicate to the Provider any concerns experienced during their active order in regards to the service provided by the Provider.
Feedback comments given by students are publicly displayed on a Provider’s information page. Students have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed. Responding and posting a review: Once instruction is delivered, the student has three days to respond and post a review. No new reviews may be added to an instruction after 30 days.
10. Gift Vouchers
Gift Vouchers are made to reward and retain our Student Members with LessonSociety solely for the benefits of our Provider Members. As a Student Member, you are automatically enrolled in this Rewards program at no additional charge. A Gift Voucher that you earn can be used at all Provider Members’ school against full or part payment of a transaction on full priced instructions.
You can earn Gift Vouchers by participating in certain Activities, as described at or about the applicable LessonSociety.com Sites. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the Gift Voucher associated with completing that Activity.
Gift Vouchers in the form of either gift certs or codes may be emailed to your email address or sent via text / SMS to your mobile number, as applicable, that you provided when you registered for your Account or to the email or mobile number that our records show your Account was last updated to reflect. Processing times may vary. Gift Vouchers that are undeliverable for whatever reason (including, without limitation, because your Account information is incorrect or outdated) will not be re-sent and are forfeited. The risk of loss and title for Gift Vouchers pass to the recipient upon our electronic transmission to the recipient. We are not responsible for replacing lost or stolen Gift Vouchers.
Gift Vouchers generally expire 1 month from the date of issuance unless a longer expiration date is required by law. Gift Vouchers will not be extended under any circumstances. If you do not use the Voucher before the expiry date you will lose the benefit of the Voucher.
Gift Vouchers must be presented at the check-out at the time of purchase & may only be used once. Only one voucher to be used per transaction. You may not accumulate Vouchers or use multiple Vouchers for one transaction. Our Provider Members may change at any time. Student Members can only use Gift Vouchers for instructions that are currently available.
Gift Vouchers remain at all times property of LessonSociety. Gift Certificates are transferrable but cannot be refunded, resold, or redeemed for cash, except to the extent required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Gift Vouchers is prohibited.
Gift Vouchers may be used in accordance with these terms and conditions or specified by other party who issued that Gift Vouchers. We may add to and/or change the Gift Voucher program Terms & Conditions at any time. We also may cancel the program at any time. In such an event, we will honour all valid, non-expired Vouchers.
11. Termination of Membership
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, by sending electronic notice of termination to email@example.com. To help us analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. We may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to us. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
12. No Non-Permitted Use by Members
Use of the Website is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of the Website may be referred for criminal prosecution.
13. Your Account and Account Security
You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that LessonSociety shall have no responsibility for any incident arising out of, or related to, your account settings.
You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your LessonSociety Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your LessonSociety account.
The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase in this manner, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).
14. Your Interactions with Other Members and Our Limitation of Liability
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON ALL PROVIDER AND STUDENT MEMBERS. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.
b. NO MEMBER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER MEMBER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. YOU UNDERSTAND THAT WE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.
c. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, US, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY MEMBER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE.
d. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
15. Content on the Website
a. Proprietary Rights.
The Website contains the copyrighted material, trademarks, and other proprietary information of LessonSociety, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc.
Opinions, advice, statements, reviews, offers, or other information or content made available through the Service or on the Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
16. Content Posted by You on the Website
As a Member, you may be able to post content on the Website, including uploading videos, photos and providing reviews of Members. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Website or Service, or transmit or display to other Members. You will not post on the Website or Service, or transmit or display to other Members, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.
17. Customer Service
We may provide assistance and guidance through our customer care representatives. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
18. Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Notification of changes to the Service may be posted within your Member profile or on the Website.
19. Copyright Policy
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site ("Content") are works protected under the Malaysian Copyright Act 1987. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us immediately at support@LessonSociety.com.
20. Member Disputes
You are solely responsible for your interactions with our Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.
21. Privacy and Communications
22. Electronic Communications
When you use the Site or send emails to LessonSociety, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
24. Govrning Law
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
25. Release and Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LESSONSOCIETY AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE AND SERVICE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD LESSONSOCIETY AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. 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 YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
26. Force Majeure
28. Commercial Release
By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or our voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of the Service, without further compensation whatsoever of any kind as a result of such use.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein. If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement, including the documents referenced herein, contains the entire agreement between you and us regarding the use of the Website and/or the Service. This Agreement is binding on the parties hereto and their successors and assigns. Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Please contact us by calling with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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"LessonSociety.com", "LessonSociety" and logo are all trademarks and/or service marks of Servus Marketing. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.