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You agree that PandaTree has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
You acknowledge that PandaTree reserves the right to terminate accounts that are inactive for an extended period of time.
You further acknowledge that PandaTree reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding PandaTree and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your PandaTree account information to ensure that your messages are not sent to the person that acquires your old number.
You agree that you are responsible for supervision of the student during all sessions, whether or not recorded, including any and all information shared by the student.
Your student should never share any information he or she may be uncomfortable sharing. If we record a tutoring session, we will make that session available for you to view through the Services for up to seven 7 days after such session ends.
PandaTree may, but shall have no obligation to store Session Recordings thereafter. We reserve the right to review these Session Recordings for any purpose.
PandaTree will not use any Session Recording information publically that identifies you or the student without your express written permission.
You agree to not use the Service to:. You shall be responsible for ensuring that such Equipment is compatible with the Services. Fees: To the extent the Service or any portion thereof including the option to purchase Credits, as defined below is made available for any fee, you will be required to select a payment plan and provide PandaTree information regarding your credit card or other payment instrument.
You represent and warrant to PandaTree that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes for example, a change in your billing address or credit card expiration date that may occur.
If there was an issue with any session, please email us within 7 days of the session, or before the next session at customercare pandatree. Credit as defined below for your session will be returned to your account.
If you prefer to receive a refund instead of a Credit, please let us know. See the Cancellations, Rescheduling and Refunds section. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
PandaTree may occasionally offer special pricing promotions discounts for which the day notice does not apply. You shall be responsible for all taxes associated with the Services other than U.
When parents book a session with a tutor a credit is used and, except as expressly set forth herein, becomes non-refundable. Credits can only be used to book the type of session for which they were purchased for.
For example, two minute credits cannot be used to book minute sessions. Special programs, such as camps may have their own pricing.
Credits will be used in the order they were purchased, i. If you cancel a PandaTree session more than 24 hours before the session, the credit for the session will be returned to your account.
Sessions canceled within 24 hours of the session will not be credited. If credits are refunded, the dollar amount refunded will reflect the number of sessions used and what the price for that number of sessions would have been at the time the credits were purchased.
The parent only uses two credits and requests a refund on the third credit. PandaTree offers eGift Certificates available for purchases.
Any refunds on Gift Certificates will be made to the original purchaser. Cancellations, Rescheduling and Refunds: We will make every effort to start sessions on time, however, if a student is late, we regret we cannot extend, refund or credit sessions in whole or in part.
We will issue refunds for tutoring sessions cancelled by you for any reason, provided such cancellation is received through the Services at least 24 hours in advance of your session.
All other session cancellations are non-refundable. If a PandaTree tutor is unable to make a scheduled tutoring session, you may i select a different tutor available at the same time; ii reschedule with your tutor of choice, as available; or iii request a refund for that session.
If you are dissatisfied with the Service for any reason, you may request a refund by sending an email to customercare pandatree.
Thereafter, your sole remedy shall be termination of your Services account. All refunds will be processed within ten 10 days and payment shall be refunded to your payment instrument on file.
Special Notice for International Use; Export Controls: Software defined below available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls.
No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U. Downloading or using the Software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service is for your personal use. Except as expressly authorized by PandaTree, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content as defined below that you legally upload to the Service.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If you are blocked by PandaTree from accessing the Service including by blocking your IP address , you agree not to implement any measures to circumvent such blocking e.
Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
Any rights not expressly granted herein are reserved by PandaTree. Other PandaTree, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PandaTree.
Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PandaTree Trademarks displayed on the Service, without our prior written permission in each instance.
All goodwill generated from the use of PandaTree Trademarks will inure to our exclusive benefit. Please note that, while we make every effort to have accurate and appropriate Service Content displayed on the Service, Panda Tree is not be responsible for any errors, omissions or suggestions implicit or explicit that such Service Content may contain.
If you feel certain Service Content has been posted in error or should be removed or corrected, please contact us at customercare pandatree.
Third Party Material: Under no circumstances will PandaTree be liable in any way for any content or materials of any third parties including users , including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that PandaTree does not pre-screen content, but that PandaTree and its designees will have the right but not the obligation in their sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, PandaTree and its designees will have the right to remove any content that violates these Terms of Service or is deemed by PandaTree, in its sole discretion, to be otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
By uploading any User Content you hereby grant and will grant PandaTree and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that PandaTree may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a comply with legal process, applicable laws or government requests; b enforce these Terms of Service; c respond to claims that any content violates the rights of third parties; or d protect the rights, property, or personal safety of PandaTree, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve a transmissions over various networks; and b changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: PandaTree respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PandaTree of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail or facsimile at:. To be effective, the notification must be in writing and contain the following information:.
If a counter-notice is received by the Copyright Agent, PandaTree will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PandaTree has adopted a policy of terminating, in appropriate circumstances and at PandaTree's sole discretion, users who are deemed to be repeat infringers.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet.
PandaTree has no control over such sites and resources and PandaTree is not responsible for and does not endorse such sites and resources.
You further acknowledge and agree that PandaTree will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that PandaTree is not liable for any loss or claim that you may have against any such third party.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Terms of Service, you and PandaTree are each waiving the right to a trial by jury or to participate in a class action.
Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
The Notice must a describe the nature and basis of the claim or dispute and b set forth the specific relief sought.
If PandaTree and you do not resolve the claim within sixty 60 calendar days after the Notice is received, you or PandaTree may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by PandaTree or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PandaTree is entitled.
If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.
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