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Terms of Service

1. GENERAL.


These Terms of Service, together with the documents referred to in it, which are incorporated herein by reference (all of the foregoing collectively referred to as the “Terms”) apply to your use of the website at https://www.descarteslearningclub.com/ and the instructional services provided or by Descartes Learning Club Corporation (“DLCC”, “we”, “us”, and “our”) through which you may make use of those resources and all of the services available on or through the website or hosted solution (“Online Services”), including any programming and user interfaces that are maintained or provided by us, or via in-person interactions including classroom instruction (“In Person Services”).  Online Services and In Person Services are referred to collectively, below, as the “Services.”

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU AUTOMATICALLY AGREE TO BE BOUND BY AND ACCEPT THESE TERMS. THESE TERMS GOVERN YOUR USE OF THE SERVICES AND CREATE A BINDING LEGAL AGREEMENT THAT WE MAY ENFORCE AGAINST YOU IN THE EVENT OF A VIOLATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THE SERVICES.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 16 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

2.USER ELIGIBILITY.


The Services are made available only to persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you are not over the age of legal majority, you may use the Services only with the involvement and consent of a parent or legal guardian.

 

3.MODIFICATIONS.


Any aspect of the Services may be changed, supplemented, deleted or updated without notice at the sole discretion of DLCC. We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or our entire Services. DLCC may also change its pricing for Services at any time in its sole discretion.

 

4.USER ACCOUNTS.


The Online Services we make available to you require the creation of an account with us or through a software partner designated by us, such as Procare (https://www.procaresoftware.com/). We only allow users over the age of legal majority (“Adult Users”) to create accounts. Adult Users may then configure an account for any individual under the age of legal majority that they serve as a parent or legal guardian, as needed (“Child Users”). Each user must create a unique and anonymous username. Usernames that are inappropriate or offensive are prohibited and DLCC reserves the right to terminate any username in its sole discretion. Adult Users have access to any Child User accounts created within the Online Services.
You will be fully and solely responsible for the security of all usernames and passwords you create and liable for any disclosure or use (irrespective of whether such use is authorized) of all usernames or passwords. You must notify us immediately if you have knowledge that or have reason to suspect that the confidentiality of any username or password has been compromised or if there has been any unauthorized use of the username or password or if your personal data requires updating.
You agree and acknowledge that you will be responsible for all persons who use the Services or access the Services through your account. You further agree and acknowledge that you will be liable for and agree to fully indemnify us against any and all losses attributable to any use of any Services in general including any access to the Services through your account.
We reserve the right to revoke or deactivate your usernames and passwords at any time. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the Services and your account. You are responsible for keeping your information current with us, but we may attempt to verify the accuracy of the information that you have provided and update it as necessary.  These terms are in addition to any terms or conditions you must accept in order to access any software provided by any software partner we designate, such as Procare.

 

5.FEES AND PAYMENTS.

You agree to provide payment to us for all Services either directly via ACH or credit card or, at our election, through the partner schools. 

 

6. You agree to provide current, complete, and accurate purchase and user account information. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date (if we agree to accept payment via credit card), so that we can complete your transactions or contact you as needed. We bill you on a regularly recurring schedule (e.g., monthly) directly or through partner schools based on the amount of In Person Services (e.g, the number of class sessions). Sales tax will be added to the subscription fees as deemed required by us. We may change prices at any time. All payments must be in United States Dollars.
You agree to pay all charges or fees at the prices agreed to.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any subscription for Services placed through the Services.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will DLCC be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

 

7.CANCELLATION.


Either party may cancel this contract with written notice to the other party, provided that such notice is delivered at least thirty (30) days prior to the desired date of cancellation ("Notice Period"). Notice shall be considered delivered when sent via email to info@descarteslearningclub.com with copy to BeatricePang@descarteslearningclub.com.

Purchases are non-refundable except when the Notice Period has been met. 
Further, in the event that DLCC suspends or terminates your use of the Services pursuant to these Terms or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, any content or data associated with your use of the Services, or for anything else. There will be no refund given for unused Services including unattended classes. It is your responsibility to make use of the Services.

 

8.USE OF SERVICES.


The Services are intended for use as an educational service. By using the Services, you represent and warrant that you have the rights, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion of the Services. We make no representation or warranty as to the legal compliance of the Services and you are solely responsible for compliance with the laws of your jurisdiction and any other rules or regulations, with respect to your use or misuse of the Services.

 

9. You agree to comply with any and all guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services, as well as any amendments to the foregoing, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication online or via the Services.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, solely for educational purposes. You must not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us, as applicable.
We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area or jurisdiction we so desire. If the need arises, we may suspend or terminate access to the Services, or close the Services or portions of the Services indefinitely.

 

10.RESTRICTIONS ON USE.


In using the Services, you will not, and you will not permit anyone else to, directly or indirectly:

  • except as expressly permitted by law, or as authorized under these Terms, rent, lease, sub-license, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Services;

  • remove DLCC’s or any other user’s trademark, copyright notice, watermark or any other proprietary notice;

  • rent, lease, distribute, resell or use any part of the Services for any commercial purposes;

  • engage in any activity that interferes with or disrupts the Services;

  • violate any applicable laws, rules, regulations, standards and licensing requirements, in connection with your use or access of the Services, (“Applicable Law”);

  • use the Services for any purpose for which it is not designed or intended;

  • use any scraper, robot, bot, spider, crawler, or any other automated device or means to access, acquire, copy, or monitor any portion of the Services, or any data or content found or access through the Services;

  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

  • obtain or attempt to obtain unauthorized access to such parts of the Services through any means not intentionally made available by us for your specific use;

  • advocate, encourage, or assist any third party in doing any of the foregoing; or

  • Engage any teacher, instructor, or educator you meet through DLCC to provide services similar to the Services you are obtaining from DLCC outside of DLCC.

11.SUPPORT FOR THE SERVICES.


We will, as part of the Services, provide you with our standard customer support services during our business hours. You may choose to, or we may invite you to submit comments or ideas about improvements to the Services (“Commentary”). If you submit any Commentary to us, you agree that your submission is deemed voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Commentary. You also agree that DLCC has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.
It is your responsibility to report any technical issues that interrupt service by emailing: info@descarteslearningclub.com.

 

12.PRIVACY NOTICE.


By using the Services, you consent to the DLCC Privacy Notice located at https://www.descarteslearningclub.com/privacy-policy which provides information about the collection, use, and disclosure of information received by DLCC.

 

13.LINKS.


The Online Services may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by DLCC of the content on such Linked Sites. DLCC makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. DLCC is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
Linking to any page of the Website other than to https://www.descarteslearningclub.com/ through a plain text link is strictly prohibited in the absence of a separate linking agreement with DLCC. Any website or other device that links to https://www.descarteslearningclub.com/ or any page available therein is prohibited from: (a) replicating the Online Services; (b) using a browser or border environment around the Online Services; (c) implying in any fashion that DLCC or any of its affiliates or licensors are endorsing it or its products; (d) misrepresenting any state of facts, including its relationship with DLCC or any of its affiliates or licensors; (e) presenting false information about DLCC products; and (f) using any logo or mark of DLCC or any of its affiliates or licensors without express written permission from DLCC or its licensors.

 

14.INTELLECTUAL PROPERTY RIGHTS.


All proprietary or intellectual property rights in the Services, and in the content, are owned, licensed to or controlled by us, our licensors, or our service providers. Those works are protected by copyright laws and treaties around the world and we reserve the right to enforce our intellectual property rights to the fullest extent of the law. All such rights are reserved.
We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-licence) to access and use the Services solely for your or your Child User’s personal academic purposes in accordance with these Terms. You agree that you will not, in addition to the other prohibitions and limitations set forth herein, use the Services in any manner that exceeds the scope of use granted herein.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services except as generally and ordinarily permitted through the Services according to these Terms.
Except as expressly granted to you under these Terms, you have no rights, including any claim for intellectual property or other proprietary rights, in the Services and we hereby reserve all rights not expressly granted to you. You must comply with all Applicable Law when using the Services as well as all applicable copyright, trademark, or other legal notices or restrictions.

 

15.COMPATIBILITY.


We do not warrant or represent that the Online Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment, or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems, although unlikely, may cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device and corruption of the software and files located on your device. You acknowledge and agree that DLCC and its partners, suppliers and licensors will have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

16.COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL.


You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of DLCC, negatively reflect on the goodwill or reputation of DLCC and to take no actions which would cause DLCC to be in violation of any laws, rulings or regulations applicable to DLCC. DLCC and the Services are based in the United States of America. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Services to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access the Services, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Services.

 

17.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.


THE SERVICES AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
DLCC MAKES NO WARRANTY THAT SERVICES OR CONTENT WILL RAISE A USER’S GRADES OR TEST SCORES, IMPROVE PERFORMANCE IN MATHEMATICS, OR ADVANCE A USER BEYOND THEIR CURRENT GRADE LEVEL.
DLCC MAKES NO WARRANTY THAT SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SERVICES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT, OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DOES NOT AFFECT OUR LIABILITY FOR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. TO THE EXTENT THAT OUR LIABILITY MAY NOT BE EXCLUDED UNDER THESE TERMS, OUR LIABILITY WILL BE LIMITED TO YOUR DIRECT AND DOCUMENTED DAMAGES AND, YOU AGREE, THAT IN NO EVENT WILL SUCH LIABILITY EXCEED IN AGGREGATE THE TOTAL AMOUNT PAID BY YOU TO DLCC IN THE ONE YEAR PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such warranties and the extent of DLCC’ liabilities, will apply to the fullest extent permitted by law.

 

18.INDEMNIFICATION.


You agree to defend and indemnify us against any claims, actions, proceedings, losses, damages, expenses, and costs (including without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Services, your breach of any provision of the Terms, or your violation of any rights of another person or entity. This indemnity is a continuing obligation, constitutes a separate and independent obligation, and will survive the termination or expiration of these Terms.

 

19.TERMINATION AND MODIFICATION OF TERMS.


These Terms are effective upon the date you first access or use the Services and will continue until terminated by you or us. You may terminate these Terms by deleting your account and ceasing to use the Services. Each time you use the Services you are consenting to these Terms. If you create another account with us, you are consenting to these Terms. You agree that all terminations for cause will be made at our sole discretion, and we will not be liable to you or any third party for any termination of your account or access to the Services.
We reserve the right to change these Terms or to modify any of the Services at any time on a going-forward basis. Users are responsible for regularly reviewing these Terms and we encourage you, therefore, to review them carefully whenever you use the Services. We may provide you with notice of any changes through the Services via email or through other means. If you do not agree with any of the Terms, please do not use the Services. Your use of the Services after a change has taken effect constitutes your acceptance of the terms of the modified Terms. You can find out when these Terms were last changed by checking the “Last Updated” date at the bottom of these Terms.
Any terms or conditions that are contained in any other document that is issued by you, or in correspondence or documents passing between DLCC and you, will have no effect, and will not affect any agreement between DLCC and you, even if DLCC had notice of those terms or conditions, and do not constitute an offer or a counter-offer by DLCC.
All provisions of these Terms will survive termination of your account except for your license to access and use the Services.

 

20. MISCELLANEOUS.


If any part of these Terms is or becomes invalid, illegal, or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant terms will be deemed deleted. Any modification to or deletion of a term under this paragraph will not affect the validity and enforceability of the rest of these Terms, except as expressly stated.
Our failure or delay to exercise or enforce any right or remedy provided in these Terms or by Applicable Law will not constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law will prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing signed by us or our authorized representative.
These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No one other than the parties, their successors and permitted assigns, will have any right to enforce any of these Terms.
You may not assign these Terms, any rights or licenses granted in these Terms, or operation of your account with DLCC to others without our prior written consent. We may assign these Terms without your consent or any other restriction.
Except as expressly provided for, a person who is not a party to these Terms may not enforce any of its provisions. The consent of any entity identified is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of these Terms or any one or more provisions of it.
DLCC will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; non-performance of our vendors or suppliers; government actions; fires or acts of nature; or any other event over which DLCC has no reasonable control.
Except as expressly stated in these Terms, nothing in these Terms serves to establish a partnership, joint venture, or other agency relationship between you and DLCC.
These Terms constitute the entire agreement between you and DLCC for provision and use of the Services. Except where expressly stated otherwise in writing executed between you and DLCC, these Terms will prevail over any conflicting policy or agreement for the provision or use of the Services.

 

21.DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (THE “DMCA”).


We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that the Services has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Notice should be sent or emailed to info@descarteslearningclub.com.
To be effective the notification should include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material within the Services; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

  • your physical or electronic signature.

22.You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Services without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

 

23. GOVERNING LAW AND ARBITRATION; NO CLASS ACTION.

These Terms, its subject matter and DLCC’s and your respective rights under these Terms, as well as and any claim, cause of action or dispute (“Claim”) arising out of or related to these Terms, shall be governed by and construed under the laws of the State of California, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for DLCC’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you intend to seek arbitration you must first send written notice to DLCC of your intent to arbitrate (“Notice”). The Notice to DLCC should be sent by electronic mail to  info@descarteslearningclub.com. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in the County of San Francisco in the State of California, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. We will reimburse all other JAMS filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the JAMS Rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or DLCC may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND DLCC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND DLCC EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and DLCC agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the County of San Francisco in the State of California, and you and DLCC each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that DLCC shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

24.CALIFORNIA RESIDENTS.


If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

25.MISCELLANEOUS.


These Terms and Conditions constitute the entire agreement between DLCC and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by DLCC or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. DLCC may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of DLCC and you, and DLCC's and your respective successors and permitted assigns.

 

26.DLCC CONTACT INFORMATION.


If you have questions about the Services or the Terms, or you wish to provide feedback, please contact us via email at info@descarteslearningclub.com or via mail at Descartes Learning Club Corporation, 166 Geary St., 15th FL #1267, San Francisco, CA 94108
Email: info@descarteslearningclub.com

 

Last revised on September 12th, 2023

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