Last Modified: February 23, 2021
The following terms and conditions explain the services we provide and the terms under which you agree to use our application and website. Please read these terms and conditions carefully because they set forth the important terms you will need to know about using the LearnCdo mobile application and website.
- ACCEPTANCE OF THE TERMS
These Terms and Conditions are entered into by and between You and LEARNCDO, INC. (“LearnCdo,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of the LearnCdo mobile application (the “LCD Application”) and LearnCdo’s website, located at https://learncdo.com/ (the “Site”) (collectively, the LCD Application and Site are referred to herein as the “Service”) including any content, functionality, and services offered on or through the Service, whether as a guest or a registered user.
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Service, you represent and warrant that you are of legal age to form a binding contract with LearnCdo and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
IN CASE OF A MEDICAL EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY.
BY USING THE SERVICE YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH EXPERTS. LEARNCDO NOR THE SERVICE IS A MEDICAL PROVIDER, ORGANIZATION OR HOSPITAL. LEARNCDO IS NOT STAFFED BY MEDICALLY TRAINED PERSONNEL. PLEASE NOTE THAT LEARNCDO, LEARNCDO’S EMPLOYEES, AND LEARNCDO’S INDEPENDENT CONTRACTOR’S (INCLUDING EXPERTS) DO NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATEMENT. NONE OF THE CONTENT OF THE SERVICE SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. ALTHOUGH LEARNCDO AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, LEARNCDO EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD ON THE SERVICE.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- LEARNCDO SERVICE.
The Service provides individuals accessing it with general educational information on health care and health and wellness topics (“Information”) and the means to facilitate video-call meetings between users with questions (“Customers”) and users who answer questions (“Experts”) via the Service (“Video-Call”)(collectively, the Information and Video-Call shall be referred to herein as “Content”). Experts are not employees or agents of LearnCdo but are independent service providers using the Service to sell their Expert knowledge to Customers and, as such, together with Customers, are defined as Users of the Service. Any opinions, advice, or information expressed or made available by Experts are those of such Expert alone. They do not reflect the opinions of LearnCdo.
LearnCdo is not actively involved in the conversations between Customers and Experts. LeanCdo does not represent or endorse the accuracy or reliability of any opinion, statement or other information on the Service or provided by an Expert. You understand and acknowledge that LearnCdo shall not be liable for any acts or omissions of Experts, or the ability of Experts to answer questions. We cannot ensure that an Expert will complete a transaction. Notwithstanding the foregoing, LearnCdo reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Service.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Service and should, instead be directed immediately by telephone or in-person to qualified professionals (i.e. in the U.S., call 911). The Service is not the appropriate venue to deal with such situations.
- USE OF THE TERM “EXPERT”.
LearnCdo uses the term Expert to describe Users who answer questions in the Service and use of the term “expert” by LearnCdo does not represent or guarantee any particular level of credentialing or expertise of the Experts. The inclusion of Experts on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Expert nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Expert contained therein. Such information is provided on an “as-is” basis and LearnCdo disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. LearnCdo shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Experts on the Service.
- VERIFICATION OF EXPERTS.
LearnCdo uses its best efforts to verify the credentials of every Expert on the Service through GoodHire. However, any information about an Expert, that is not shown as verified, has been provided by the Expert but has not been verified. The use of the Service by any entity or individual to verify the credentials of Experts is prohibited.
- RELIANCE ON INFORMATION PROVIDED.
Experts provide only general information and will not provide medical advice. By answering questions, Experts do not intend to form, and do not form professional-client relationships (i.e. doctor-patient) with Users of the Service.
The information presented on or through the Service is made available solely for general information purposes not as a substitute for a medical consultation or in-person visit. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User of the Service, or by anyone who may be informed of any of its contents.
The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
- NO PROFESSIONAL RELATIONSHIP.
No professional-client relationships shall be formed when using the Service.
Communications when using the Service are not confidential. Communications when using the Service are limited, they do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
- USER ACCOUNTS.
You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your login information, if any, and any activity in your User Account, and you accept responsibility for all activities that occur under your account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing email@example.com.
By using, accessing or otherwise utilizing the Services EVEN IF YOU DO NOT SET UP A USER ACCOUNT, you accept, acknowledge and avail yourself to these Terms and Conditions.
- FEES AND PAYMENTS.
The Service allows the Customer to input his/her question into the Service, the Customer is then provided a list of Experts located in the same state as the Customer who are available to answer the question, sorted by distance. The fee for the Service is charged in five (5) minute increments and is based on the level of Expert the Customer picks to answer his/her question. There are three Expert levels: Basic Expert, Expert Plus, and Expert Premium.
Basic Expert. A Basic Expert consists of Experts with the professional title such as a Doula. For each five (5) minute Video-Call with a Basic Expert the Customer is charged five dollars ($5.00).
Expert Plus. An Expert Plus consists of Experts with the professional titles such as Registered Nurse, Physical Therapist, Lactation Consultant, and Dietitian/Nutritionist. For each five (5) minute Video-Call with a Basic Expert the Customer is charged seven dollars ($7.00).
Expert Premium. An Expert Premium consists of Experts with the professional titles such as Nurse Practitioner and Midwife. For each five (5) minute Video-Call with a Basic Expert the Customer is charged nine dollars ($9.00).
Upon the end of the five-minute Video-Call with the Customer’s chosen Expert, if the Customer would like to extend the Video-Call, he/she will be asked to approve another charge in the same amount.
When you make a payment through the Service processing services for such payments are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By agreeing to these terms you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service enabling payment processing services through Stripe, you agree to provide the Service accurate and complete information about you, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
LearnCdo does not offer full or partial refunds. If the Customer does not use all of his/her allotted five minutes, there are no partial refunds. LearnCdo does not guarantee that you will be satisfied with your communication with an Expert. All fees are non-refundable.
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Termsand Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS LEARNCDO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEARNCDO DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LEARNCDO OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to monitor all use of the Service or the Content. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- INFORMATION STORAGE.
LearnCdo will store a copy of the recording of the Video-Call for one week and a transcript of the Video-Call for ten (10) years. In the event you would like to obtain a copy of your Video-Call or transcript please email firstname.lastname@example.org within the appropriate time frame. You may only request a copy of a Vide-Call that took place through your User Account. LearnCdo has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
When you use the Service or send us emails, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Service (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address provided to us, (2) short messaging service (“SMS”) text message to the mobile number provided during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or through other means, satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications by emailing us at email@example.com.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set out in Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- PROHIBITED USE AND SECURITY.
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
You agree you will not (a) circumvent, disable, or otherwise manipulate any of the Service’s security features; (b) provide false or misleading information to LearnCdo; (c) use the Service if you are outside the states of California or Illinois or allow anyone else to use the Service on your behalf or in your place; (d) use the Service if we have temporarily suspended your right of use, or forbidden you to continue using it; (e) Send junk mail, spam or repeated messages; (f) use the Service for any unlawful, unauthorized, fraudulent, or malicious purpose; (g) modify, interfere with, hack or disrupt the Service, or intercept messages or Video-Calls; (h) misuse the Service or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the Service or any other User’s equipment; (i) extract data from the Service except as permitted under these Terms and Conditions; (j) upload or transmit any message, information, data, text, software or other content that is unlawful, harmful, abusive, threatening, harassing, tortuous, vulgar, obscene, defamatory, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence; (k) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any LearnCdo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (m) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (n) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (o) harvest or otherwise collect information about others, including email addresses; (p) Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service; or (q) assist or permit any person in engaging in any of these activities.
The non-compliance with this section 14 represents a material breach of these Terms and Conditions, and LearnCdo reserves the right to take whatever lawful actions it deems appropriate in response to actual or suspected violations of the foregoing, including, without limitation the following: (a) the suspension or termination of the right to access the Service; (b) the initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees); and (c) Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary. LearnCdo reserves the right to take any further action it deems necessary in accordance with these Terms and Conditions and/or statutory law.
- LIMITED LICENSE AND YOUR RIGHT TO USE THE SERVICE.
The LCD Application and Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LearnCdo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
We grant you a limited non-transferable, non-sublicensable, personalized, non-exclusive, revocable license to (a) install and use one object code copy of the LCD Application obtained from Google Play or the App Store on a mobile device that you own and control and (b) access and personally use the Service. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the Service does not preclude us granting other persons the right to access the Service.
Unless otherwise permitted in accordance with these Terms you agree that (a) you will not replicate or copy the Service, either in whole or in part; (b) you will not sell or otherwise make available the Service, either in whole or in part, to anyone else; (c) you will not modify the Service in whole or in part, in any way whatsoever; (d) you will not attempt to discover or access the source code of the Service, in whole or in part, unless it has been expressly published by us and released into the public domain.
The LEARNCDO name and all related names, logos, product and service names, designs, and slogans are trademarks of LearnCdo or its affiliates or licensors. You must not use such marks without the prior written permission of the LearnCdo All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
We retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
- Geographic Restrictions
LearnCdo is based in the State of California in the United States. We provide the Service for use only by persons located in the states of California and Illinois (the “Geographic Area”). We make no claims that the Service or any of its content is accessible or appropriate outside of the Geographic Area. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the Geographic Area, you do so on your own initiative and are responsible for compliance with local laws.
- LIMITATION OF LIABILITIES.
Any information provided to you on the Service including by Experts, is NOT medical advice and is for informational purposes only. The information is made available by LearnCdo as is, without warranty, guarantee or representation of any kind. You should not take any action based on the information provided in the Service without consulting a doctor or other medical professional first. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Service at all times without any interruption and without delay or faults, and that the Service will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Service in these present Terms and Conditions.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL LEARNCDO’S TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LEARNCDO’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- DISCLAIMER OF WARRANTIES.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU USE THE SERVICE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICE AND INFORMATION AND/OR ADVICE PROVIDED BY AN EXPERT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICE, ANY EXPERTS, AND THE CONTENT AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY EXPERTS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and to hold harmless LearnCdo, together with LearnCdo’s affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) relating to or arising from your use of the Service in a manner not authorized by these Terms and Conditions, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
- THIRD-PARTY SERVICES.
If, and to the extent that the Service contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources. You understand that the availability of the Service is dependent on the Marketplace where you downloaded the Service. You are aware that these Terms and Conditions apply to the contractual relationship between you and LearnCdo, not to your contractual relationship with the applicable App Marketplace.
- GOVERNING LAW AND JURISDICTION.
All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- DISPUTE RESOLUTION AND BINDING ARBITRATION.
In the interest of resolving disputes between you and LearnCdo in the most cost effective and expeditious manner, you and LearnCdo agree to give up any rights to litigate claims in court. You understand and agree that other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, IN CONNECTION WITH THESE TERMS AND CONDITIONS, AND/OR ANY TRANSACTION WITH LEARNCDO, OR ANY AGREEMENT BETWEEN YOU AND LEARNCDO WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 24. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Consent to Jurisdiction in California. The parties agree that the arbitration will be conducted in San Francisco, California, unless otherwise agreed between the parties.
CLASS ACTION WAIVER: YOU AND LEARNCDO EXPRESSELY AGREE THAT:
- ANY ARBITRATION PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS;
- YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING;
- THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES;
- IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH LEARNCDO, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION; AND
- YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR CONTRACT AND THESE TERMS AND THAT IT MAY NOT BE SEVERED. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS INTO ONE PROCEEDING, NOR SHALL THE ARBITRATOR HAVE THE POWER TO HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. SIMILARLY, ANY CLAIMS COVERED BY THIS DISPUTE RESOLUTION AGREEMENT THAT LEARNCDO MAY HAVE AGAINST USER MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION PROCEEDING.
This Dispute Resolution Agreement shall survive expiration or termination of this Agreement for any reason. User acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by LearnCdo or anyone else. User further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that User has asked any questions needed for User to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that User is waiving his/her right to a jury trial. Finally, User agrees that he/she has been provided an opportunity to seek the advice of an attorney of User’s choice before agreeing to this Dispute Resolution Agreement. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this section 25 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
- NO WAIVERS.
The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of LearnCdo.
- NO THIRD PARTY BENEFICIARIES.
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms of Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Site or LCD Application. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms and Conditions, you must contact us via email to the following address: firstname.lastname@example.org. We may update the addresses for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
- ENTIRE AGREEMENT.