LumenEd Website and Virtual Classroom Terms and Conditions of Use

COPYRIGHT AND USE LICENSE

LumenEd’s website or virtual classroom and its contents are the exclusive property of LumenEd (“LumenEd”), and are protected by copyright and other laws.

These terms and conditions of use apply to all users of LumenEd’s website or virtual classroom and may be amended from time to time without prior notice. You may not modify, copy, duplicate, print, archive, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from LumenEd’s website or virtual classroom without the prior written consent of LumenEd. Subject to the foregoing, you may view and print the content of LumenEd’s website or virtual classroom for use which is strictly private, personal and non-commercial. By accessing LumenEd’s website or virtual classroom, you acknowledge and agree to accept, be bound by and comply with these terms and conditions of use without modification.

As a condition of your use of LumenEd’s website or virtual classroom, you represent and warrant to LumenEd that you will not use LumenEd’s website or virtual classroom for any purpose that is unlawful, immoral or prohibited by these terms and conditions of use or for any purpose which is prohibited by the User Terms of Service available at https://lumened.io/user-terms-of-service/ or the Tutor Terms of Service available at https://lumened.io/tutor-terms-of-service/ or which might otherwise prejudice LumenEd and its affiliates. If you do not agree and accept without modification these terms and conditions of use, do not use LumenEd’s website or virtual classroom. Other than this agreement and any agreement between you and LumenEd relating to the services it provides, LumenEd will not enter into any agreement with you or otherwise be obligated to you through your use of LumenEd’s website or virtual classroom and no attempt to create such an agreement or obligation will be effective.

TRADE MARKS

Any trade marks, trade names, service marks and logos (collectively, the “Trademarks”) used and displayed on LumenEd’s website or virtual classroom are the registered or unregistered trademarks of, and the exclusive property of LumenEd, and/or its affiliates or others and are protected under applicable law. Nothing on LumenEd’s website or virtual classroom or in these terms and conditions of use should be construed or interpreted as granting or creating, by implication or otherwise, any license to use or duplicate any Trademark without the prior written consent of LumenEd, or the applicable owner.

The name “LumenEd” and logo or other formatives or derivatives thereof may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on LumenEd’s website or virtual classroom without the prior written consent of LumenEd. The use of the LumenEd logo as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by LumenEd in writing. Other products or entity names mentioned in LumenEd’s website or virtual classroom may be the Trademarks of their respective owners.

COOKIES AND ELECTRONIC DATA

LumenEd may collect certain data for general statistical information each time LumenEd’s website or virtual classroom is visited. This information is collected through the server web logs and may consist of dates and times of visits to LumenEd’s website or virtual classroom; the IP addresses of visitors to LumenEd’s website or virtual classroom; the operating system and browser version of the computers of visitors to our website or virtual classroom. This data is not used individually to identify users of LumenEd’s website or virtual classroom, but is used to analyze system performance, usage, peak usage and usage trends. LumenEd’s website or virtual classroom may employ the use of “cookies”. Cookies are small data files (text) that are transferred from a standard web server to a user’s browser. Cookies contain information that can be read by a web server for record-keeping purposes. The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain “personal” information or data. Cookies may be rejected if a user’s browser is set to reject or deny cookies; if a user has a third-party program installed that interferes or prevents cookies (i.e., certain firewalls, anti-virus or anti-spyware programs) or notifies the user whenever a cookie is sent to the user’s computer. Cookies sent by LumenEd that are rejected may limit access to LumenEd’s website or virtual classroom or LumenEd’s website or virtual classroom may no longer function as intended or be accessible to the user.

LumenEd may make and use recordings of your voice in LumenEd’s virtual classroom.  This data is not used individually to identify users of LumenEd’s website or virtual classroom, but is used by LumenEd and its representatives for the purposes of learning and technology improvement related to education delivery.

LINKS TO THIRD PARTY WEBSITES

LumenEd’s website or virtual classroom may contain links or references to websites, products or services owned, operated or offered by third parties other than LumenEd or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only. LumenEd does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on LumenEd’s website or virtual classroom does not imply any endorsement or approval by LumenEd of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of LumenEd with the owner or operator of Third Party Site; or (ii) any authorization of LumenEd to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.

DISCLAIMER

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. LumenEd AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. LumenEd DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. LumenEd DOES NOT WARRANT THAT PROVISION OF TUTOR SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR OTHERWISE PROVIDE ANY ECONOMIC BENEFIT.

YOU ACKNOWLEDGE AND AGREE THAT: (A) LumenEd DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) LumenEd WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LumenEd OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT LumenEd DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES LumenEd MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. LumenEd MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

SOCIAL MEDIA

LumenEd’s use of social media serves as an extension of its presence on the Internet. Social media account(s) are public and are not hosted on LumenEd servers. Users who choose to interact with LumenEd via social media should read the terms of service and privacy policies of such third-party service providers and those of any applications you use to access them. Personal information that you provide to LumenEd via social media account(s) is collected in accordance with our privacy policy and applicable laws. This information is collected to capture conversations (e.g. questions and answers, comments, “likes”, re-tweets) between you and LumenEd. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes. Any comments which are posted that violate Canadian law will be deleted and disclosed to law enforcement authorities. Any comments which are posted that violate our rules will also be deleted.

GOVERNING LAW; LEGAL NOTICES

These terms and conditions of use and any action related thereto will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the provincial courts of Ontario located in the city of Toronto, Ontario, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Any use of LumenEd’s website or virtual classroom in contravention of these terms and conditions of use or applicable laws is at your own risk and if any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms and conditions of use without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision. Any dispute, claim or controversy between you and LumenEd, or otherwise arising out of or relating to these terms and conditions of use will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and LumenEd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and LumenEd otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Any such arbitration contemplated by this section will be administered in accordance with the National Arbitration Rules of the ADR Institute of Canada then in effect, except as modified by this “Dispute Resolution” section. The place of such arbitration shall be Toronto, Ontario, Canada and the language of the arbitration will be English.

CHANGES

You agree that LumenEd may at any time and without notice change the terms, conditions and notices under which LumenEd’s website or virtual classroom is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and LumenEd as a result of this agreement or your use of LumenEd’s website or virtual classroom. The performance of these terms and conditions of use by LumenEd is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the rights of LumenEd to comply with law enforcement requests or requirements relating to your use of LumenEd’s website or virtual classroom or information provided to or gathered by LumenEd with respect to such use. These terms and conditions of use, the LumenEd privacy policy available at https://lumened.io/privacy-policy/ and, where applicable, the LumenEd User Terms of Service available at https://lumened.io/user-terms-of-service/ and the LumenEd Tutor Terms of Service available at https://lumened.io/tutor-terms-of-service/, constitute the entire agreement between you and LumenEd with respect to LumenEd’s website or virtual classroom and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LumenEd with respect to LumenEd’s website or virtual classroom.