The Learning Lighthouse Website Terms and Conditions of Use
1. About the Website
Welcome to learning-lighthouse.com (Website). The Website is a tool to schedule online tutoring sessions provided by The Learning Lighthouse (Services).
The Website is operated by The Learning Lighthouse. Access to and use of the Website, or any of its associated Products or Services, is provided by The Learning Lighthouse. Please read these Terms and Conditions (Terms) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
The Learning Lighthouse reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Learning Lighthouse updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Learning Lighthouse in the user interface.
3. Your Obligations as a User
As a User, you agree to comply with the following:
(i) You will use the Services only for the purposes that are permitted by:
the Terms; and
any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Learning Lighthouse of any unauthorized use of your passwords or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of The Learning Lighthouse providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of The Learning Lighthouse;
(vi) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by The Learning Lighthouse for any illegal or unauthorized use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. Payment
(a) All payments made in the course of your use of the Services are made through Acuity Scheduling using Square. In using the Website, the Services, or when making any payment and relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Square Terms and Conditions which are available on their website.
(i). Square accepts the following payment methods: Visa, Mastercard, Discover, American Express, JCB, and UnionPay
(b) You acknowledge and agree that when a request for payment of Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service.
(c) You agree and acknowledge that The Learning Lighthouse can change prices at any time.
5. Refund Policy
(a) The Learning Lighthouse will only provide you with a refund of the Services in the event they are unable to continue to provide the Services or if the owner of The Learning Lighthouse makes the decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
(b) Any benefits set out in these Terms and Conditions may apply in addition to Consumer’s rights under the Federal Trade Commission.
6. Copyright and Intellectual Property
(a) The Website, the Services, and all of the related products of The Learning Lighthouse are subject to copyright. The material on the Website is protected by copyright under the laws of the United States and through International treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Learning Lighthouse or its contributors.
(b) All trademarks, service marks, and trade names are owned, registered and/or licensed by The Learning Lighthouse, who grants to you a worldwide, non-exclusive, royalty-free, revocable license while you are a User to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website and your device’s cache memory; and
(iii). print pages from the Website for your own personal and non-commercial use.
The Learning Lighthouse does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Learning Lighthouse.
(c) The Learning Lighthouse retains all rights, title, and interest in and to the Website and all related Services nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).
(d) You may not, without the prior written permission of The Learning Lighthouse and the permission of any other relevant rights owners: broadcast, republish, or upload to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
7. Privacy
The Learning Lighthouse takes your privacy seriously and any information provided through your use of the Website and or Services are subject to The Learning Lighthouse's privacy policy which is available on the Website.
8. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Federal Trade Commission (or any liability under them) which by law may not be limited or excluded
(b) Subject to this clause, and to the extent permitted by law:
(i) all Terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) The Learning Lighthouse will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill rising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services) whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. everything on the Website and the Services is provided to you “as disclosed” and is “as available” without warranty or condition of any kind none of the affiliates, directors, officers, employees, agents, contributors, and licenses of The Learning Lighthouse make any Express or implied representation or warranty about the Services or any product or Services (including the products or Services of The Learning Lighthouse) referred to on the Website this includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct effects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of The Learning Lighthouse; and
(iv) the Services or operation and respect to Links which are provided for your convenience.
9. Limitation of Liability
You expressly understand and agree that The Learning Lighthouse, its affiliates, employees, agents, contributors and licenses shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
10. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of The Learning Lighthouse. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, The Learning Lighthouse will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by The Learning Lighthouse as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing The Learning Lighthouse with 5 days notice of your intention determinate; and
(ii) closing your accounts for all of the Services which you use, where The Learning Lighthouse made this option available to you.
Your notice should be sent, in writing, to The Learning Lighthouse via the Contact Us link on the Website.
(c) The Learning Lighthouse may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) The Learning Lighthouse is required to do so by law;
(iii) the provision of the Services rendered to you by The Learning Lighthouse is, in the opinion of The Learning Lighthouse, no longer commercially viable.
(d) Subject to local applicable laws, The Learning Lighthouse reserves the right to discontinue or cancel your membership at any time and may suspend or deny at its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Learning Lighthouse’s name or reputation or violates the rights of those of another party.
12. Dispute Resolution
12.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following have been complied with:
12.2 Notice:
A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the dispute.
12.3 Resolution:
On receipt of that notice by the other party, the parties to the Terms must:
(a) within 28 days of the notice in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) if for any reason whatsoever, 28 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Ventura Center for Dispute Settlement;
(c) the parties are equally liable for the fees and the reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. the parties must each pay their own costs associated with the mediation;
(d) the mediation will be held in Ventura County, California, United States.
12.4 Confidential
All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution Clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5 Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the dispute and the dispute has not been resolved either party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
The Services offered by The Learning Lighthouse are intended to be viewed by residents of California. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Ventura County, California, United States.
14. Governing Law
The Terms are governed by the laws of California of the United States any dispute, controversy, proceeding, or claim of whatever nature rising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of California of the United States without reference to conflict of law principles. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors.
15. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.