The Talaera Web Site (the “Site”) is an online store where you can purchase and schedule English language lessons provided by teachers registered with Talaera (“Talaera”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Talaera. BECAUSE LEARNING A LANGUAGE DEPENDS ON MANY FACTORS, TALAERA CANNOT GUARANTEE ANY RESULTS AS A RESULT OF THIS SERVICE.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT‐OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND TALAERA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Please read the following information carefully before using this Site. By clicking “I accept” below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Talaera reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by clicking “I accept” to the revisions, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties; Limitation of Liability
THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL TALAERA BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $10, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Teachers Are Not Employees
You understand that Licensor is an independent organization and that the teachers are independent contractors of Licensor engaged solely to provide online assistance with English language and grammar issues ONLY. Each teacher has agreed to keep the contents of a student’s communications confidential. UNDER NO CIRCUMSTANCES ARE THE TEACHERS AUTHORIZED TO PROVIDE MEDICAL, LEGAL, TAX, SECURITIES, OR OTHER ADVICE. TO THE EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS OF INJURY WHATSOEVER AND AGREE TO HOLD HARMLESS LICENSOR from claims of any nature arising from any activity connected with Licensor. This hold harmless agreement includes, but is not limited to, any claims due to injury proximately resulting from negligence of Licensor, its employees, and agents, except as prohibited by law.
Our Copyrighted Materials; Infringement Claims
The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by Talaera and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Talaera or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks and service marks that may be referred to on this Site are the property of Talaera or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Talaera or the Talaera logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Talaera’s written permission in advance.
Right to Preserve and Disclose
Talaera may preserve all information you provide. Talaera may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Talaera, its users and/or the public; or (f) in the event that all or substantially all of Talaera’ assets are acquired by a third party.
Right to Use Data Provided to Talaera
Talaera seeks to improve the Site and to get a better understanding of effective teaching and effective learning. As a result, all data provided on the Site other than by Talaera, including but not limited to exercises, homework, homework answers, voice files, voice transcriptions, translations, and other materials is licensed to Talaera on a worldwide, non‐exclusive, irrevocable basis and Talaera may, and authorize others to, modify, enhance, or create derivative works based on the Materials. You agree that this license to Talaera is a material obligation of Yours.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (d) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (g) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Talaera and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Issuance of Passwords
When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.
Prohibition on Scripts, Bots, Third Parties, etc.
You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping
You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
In the event your password is lost or stolen it is your responsibility to reset your password immediately. If you believe that your password has been misused, notify Talaera at the address listed in the “Contact Us” section.
Ownership of Usage Data
Talaera may collect and aggregate data about your usage of the Site, and Talaera shall be the sole owner of such information.
Exclusions And Limitations; Consumer Protection Notice
If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of “Links” section above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Policy are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Talaera reserves all rights, defenses and permissible limitations under the law of your State of residence.
Must Be At Least 18 Years Old to Use This Site
At this Site Talaera makes no active effort to collect personal information from individuals under the age of eighteen (18). Talaera requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States
This Site is controlled from offices within the United States. Talaera makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCEPT AS PROVIDED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF [NEW YORK] IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Arbitration and Class Action Waiver
Excluding claims for injunctive or other equitable relief, for claims related to the Site, including any goods or services purchased through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in New York, New York or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Not Authorized to Do Business In Every Jurisdiction
Talaera is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross‐references to goods or services that are not available in your state or country.
Entire Agreement; Severability
Contact us for further information, or inquiries about this Agreement, please contact:
433 Broadway, New York, NY