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    • Term Conditions

    Term Conditions

    NTRODUCTION

    Please, read this Web page carefully. It contains the Terms of Use governing Your access to the Mobile Application Software (hereinafter, “Mobile Application”) and use of WWW.QUICKSYLEARNING.COM ( hereinafter the “Website” or “Site”) and to any associated websites owned or operated by QUICKSY LEARNING ACADEMY LLC, a Texas Limited Liability Company and to any correspondence by e-mail between Us and You. Please, read these terms carefully before using this Website and/or Mobile Application. The services provided in connection with QUICKSY LEARNING ACADEMY LLC and the software available for download from QUICKSY LEARNING ACADEMY LLC, and the site in connection with QUICKSY LEARNING LLC’s services are owned, operated, and maintained, as applicable, by QUICKSY LEARNING ACADEMY LLC. By (1) using or accessing this Site, Mobile Application, or Our Services; (2) downloading, accessing, installing or using the software; or (3) paying for someone else to use or access the Site or Our Services or download, access, install or use the software, You agree to these Terms of Use. If you do not agree with these Terms of Use, neither You nor your designee or giftee may access, download, install, or use (as applicable), the Site, Our Services or Software. FOR THE PURPOSES OF THIS AGREEMENT, YOU MEANS A PARENT OR GUARDIAN WHO PAYS FOR ACCESS TO OUR SERVICES AS WELL AS THE STUDENT WHO ACCESSES OR USES OUR SERVICES. IF YOU ARE A PARENT, GUARDIAN, OR OTHER PERSON WHO ENABLES A CHILD TO ACCESS THE SERVICES, YOU AGREE TO STAND IN THE SHOES OF SUCH CHILD FOR THE PURPOSES OF MAKING US WHOLE IN CASE OF DAMAGES OR INDEMNIFICATION THAT COULD PROPERLY LIE AGAINST A CHILD, IF NOT FOR HIS OR HER AGE.

    A PARENT OR GUARDIAN HEREBY AGREES AND ACKNOWLEDGES THAT IF THEY LEAVE A MINOR STUDENT ALONE AT ANY TIME WITH A TUTOR DURING AN ONLINE SESSION THEY DO SO AT THEIR OWN FREE CHOICE AND AT THEIR OWN RISK. THE PARENT OR GUARDIAN HEREBY AGREES AND ACKNOWLEDGES THAT QUICKSY LEARNING ACADEMY LLC SHALL NOT BE HELD RESPONSIBLE AND DISCLAIMS ANY LIABILITY FOR THE CONTRACTOR’S NEGLIGENCE, TORTIOUS OR UNAUTHORIZED ACTS, MISREPRESENTATIONS, OMISSIONS, RELATED TO OR BEYOND THE SCOPE OF THESE TERMS OF USE.

    These Terms of Use are legally enforceable and binding agreement between You and QUICKSY LEARNING ACADEMY LLC, and shall be referred to as “Agreement”’ or “Terms of Use.”

    If someone else is paying for (or authorizing) Your tutoring account, you agree to print this document and hand it to them.

    We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Site and/or Mobile Application and your continued use of the Site or Mobile Application, services and/or software constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Site or Mobile Application. QUICKSY LEARNING ACADEMY LLC will always let you know about these changes.

    1.SERVICES

      Through Our services, Site, Mobile Application, and software, We enable users to connect with tutors (‘Tutors’) who provide live, one-to-one instruction, tutoring and learning services (Tutoring Sessions). You are solely responsible for all service, telephony and/or other fees and costs associated with Your access to and use of Our services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

    2.PARTIES TO THIS AGREEMENT AND CONSIDERATION.

    The parties to this Agreement (the “Agreement”) are You, (hereinafter “You” “Your” or the “User”), and QUICKSY LEARNING ACADEMY LLC, (hereinafter “We,” “Our,” or “Us”).

    2.1 By accessing the Materials at Website, Mobile Application and for other good and valuable consideration, the sufficiency of which is acknowledged by You and Us, You hereby agree to be bound by all the Terms of Use set forth in this Agreement.

    2.2 Subject to Your acceptance of the Terms of Use set forth in this Agreement, We agree to grant You a limited, personal, non-transferable right to access the contents of the Website, Mobile Application, and affiliated sites operated by Us.

    2.3 This Agreement is subject to change by Us at any time for any reason and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website and/or Mobile Application, or by sending an email from QUICKSY LEARNING ACADEMY LLC, to the email address associated with the User account.

    2.4 You may not alter, delete, add or change or edit any of these Terms of Use, and any such attempted alteration shall be void and of no effect.

    2.5 Any action on Your part to Bookmark to a page on this Website whereby the Warning Page, and/or the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms of Use set forth herein.

    3.USE OF WEBSITE AND MOBILE APPLICATION

      You agree to not do any of the following:

    1. violate any laws or QUICKSY LEARNING ACADEMY LLC policies;
    2. be false or misleading;
    3. infringe any third-party right;
    4. distribute or contain spam, chain letters, or pyramid schemes;
    5. distribute viruses or any other technologies that may harm QUICKSY LEARNING ACADEMY LLC or the interests or property of QUICKSY LEARNING ACADEMY LLC’s users;
    6. copy, modify, or distribute any of QUICKSY LEARNING ACADEMY LLC’s content on this Site and/or Mobile Application or any other person’s content posted on the Site or Mobile Application, unless expressly authorized to do so;
    7. use any robot, spider, scraper or other automated means to access the Website and/or Mobile Application and collect content for any purpose without Our express written permission;
    8. harvest or otherwise collect information about others, including email addresses, without their instruction;
    9. bypass measures used to prevent or restrict access to the Website and/or Mobile Application.

    4.USER’S CODE OF CONDUCT

    You agree, warrant and covenant to use the Website and/or Mobile Application in accordance with the following Code of Conduct and You agree and acknowledge that in Our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website and/or Mobile Application for violating these provisions:

    1.   that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
    2. that is pornographic or depicts a human being engaged in actual sexual conduct in any way. This is not a porno site;
    3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. that impersonates any person or entity, including, but not limited to, a QUICKSY LEARNING ACADEMY LLC’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
    5. that includes personal or identifying information about another person without that person’s explicit instruction;
    6. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
    7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
    8. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
    9. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website and/or Mobile Application which are not designated for such purposes; or emailed to the Website and/or Mobile Application users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;
    10. that includes links to commercial services or websites, except as allowed in “services”;
    11. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;
    12. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    13. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website and/or Mobile Application, or that otherwise negatively affects other users’ ability to use the Website and/or Mobile Application; or
    14. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website and/or Mobile Application;
    15. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
    16. “stalk” or otherwise harass anyone;
    17. collect personal data about other users for commercial or unlawful purposes;
    18. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website and/or Mobile Application – unless expressly permitted by Us;
    19. post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure;
    20. post the same item or service in more than one classified category or forum;
    21. attempt to gain unauthorized access to QUICKSY LEARNING ACADEMY LLC’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website and/or Mobile Application;
    22. use any form of automated device or computer program that enables the submission of postings on the Website and/or Mobile Application without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
    23. directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted by Us unless expressly permitted by QUICKSY LEARNING ACADEMY LLC, in writing.

    5.NON-GUARANTEE OF FEATURES AND BENEFITS

    QUICKSY LEARNING ACADEMY LLC does not guarantee that you will be able to access or use any or all parts of this Website and/or Mobile Application, and you agree that QUICKSY LEARNING ACADEMY LLC shall have no liability to you whatsoever for any such inaccessibility. News Archives, along with any other feature or benefit of this Website and/or Mobile Application, may become permanently inaccessible for any reason and you agree that QUICKSY LEARNING ACADEMY LLC shall have no liability to you whatsoever for any such inaccessibility.

    6.INFORMATION COLLECTED

    The information which QUICKSY LEARNING ACADEMY LLC, collects through the Website and/or Mobile Application may include Personal Information (hereinafter the “Personal Information”) which refers to information that helps it identify users or viewers of the Website and/or Mobile Application (collectively, “Users” and each a “User” or “You” and shall refer to Subscriber or Registered User as defined in Website and/or Mobile Application Terms of Use). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website and/or Mobile Application in the manner set forth below. QUICKSY LEARNING ACADEMY LLC, may utilize Personal Information, without limitation, for the following purposes:

    1. establishing and verifying user identities;
    2. opening, maintaining, administering and servicing Registered User (as defined below) accounts;
    3. processing, servicing or enforcing transactions and sending communications relating to the Website and/or Mobile Application;
    4. providing User support in connection with User-use of the Website and/or Mobile Application;
    5. providing service updates for the Website and/or Mobile Application;
    6. providing promotional notices and offers and other QUICKSY LEARNING ACADEMY LLC, information;
    7. responding to User-posed inquiries and comments;
    8. maintaining the security of the Website and/or Mobile Application and QUICKSY LEARNING ACADEMY LLC-systems; and
    9. evaluating Use of the Website and/or Mobile Application for potential improvements and otherwise.

    The Website and/or Mobile Application may also collect data that cannot be traced back to a specific individual (hereinafter the “Anonymous Information”). For example, QUICKSY LEARNING ACADEMY LLC, may be able to keep count of how many Users have viewed the Website and/or Mobile Application and specific content therein, or key words utilized to find the Website and/or Mobile Application, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website and/or Mobile Application but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by QUICKSY LEARNING ACADEMY LLC, from anonymous Users. The Website and/or Mobile Application may use browser cookies to collect Anonymous Information. The Website and/or Mobile Application may also incorporate web beacons or similar tracking technologies to allow QUICKSY LEARNING ACADEMY LLC, to track how the Website and/or Mobile Application is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, QUICKSY LEARNING ACADEMY LLC, may, either directly or through a third party, track Users’ conduct on the Website and/or Mobile Application, including, without limitation, areas of the Website and/or Mobile Application visited, topic(s) viewed, most popular pages of the Website and/or Mobile Application, Users’ Internet connection type and browser use QUICKSY LEARNING ACADEMY LLC, may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and/or Mobile Application and services.

    7.WEBSITE OR MOBILE APPLICATION USE OF INFORMATION

    Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant QUICKSY LEARNING ACADEMY LLC, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, Your Personal Information. We gather and use information as follows: We will receive and store any information You enter on the Website and/or Mobile Application or give us in any other way that personally identifies You to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact You when needed. By submitting this personally identifiable information to Our Website and/or Mobile Application You agree to receive email and postal mail from QUICKSY LEARNING ACADEMY LLC. You further understand and agree that by using these services, You are extending an express invitation for QUICKSY LEARNING ACADEMY LLC, to contact You by telephone at the numbers You have provided and You hereby consent to any such calls even if Your phone numbers is on any federal state or other do not call lists. We believe in 100% permission based marketing members always have the option to unsubscribe link at the bottom of these emails by clicking on the sample unsubscribe link at the bottom of these emails. Users also have the options of completely removing their information from Our database by submitting the request at WWW.QUICKSYLEARNING.COM. Please, note that user information may be cached in search engine indexes after removal and that this Website and/or Mobile Application and QUICKSY LEARNING ACADEMY LLC, has no control over such caching.

    8.ACCOUNTS, PASSWORDS AND REGISTRATION TO THE WEBSITE AND/OR MOBILE APPLICATION

    To use Our Services, You will need to register on the site, pay any applicable fees, and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s),username(s) and password(s). You must notify Us immediately of any unauthorized use of Your account(s), username(s) or password(s) and any other breach of security, and (b)ensure that You exit from Your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of Your account(s), username(s) or password(s), either with or without Your knowledge. However, You will be held liable for losses incurred by Us or another party due to someone else using Your account(s), username(s) or password(s). You may not transfer Your account(s), username(s) or password(s) to another person, and You may not use anyone else’s account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use your account(s), You are fully responsible for (i) the online conduct of such user; (ii)controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account(s), we reserve the right to provide access to Your account(s) and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. (An exception to this is that we will never share your credit card information.) For additional information on how we use your information, please see our Privacy Policy.

    9.CONTENT FROM THE WEBSITE AND/OR MOBILE APPLICATION

    As between You and QUICKSY LEARNING ACADEMY LLC, You own any and all content that You submit to the Website and/or Mobile Application. You grant QUICKSY LEARNING ACADEMY LLC, and its affiliates a right to use, Your content for any and all QUICKSY LEARNING ACADEMY LLC purposes such as advertising.

    10.ABUSING THE WEBSITE OR MOBILE APPLICATION

    Please send Us an email through the “Contact Us” section located on the WWW.QUICKSYLEARNING.COM site to tell Us about any problems or offensive content so that together We can keep the Website and/or Mobile Application working properly. We may limit or terminate Our service, remove hosted content and/or take technical and legal steps to keep Users off the Website and/or Mobile Application if We think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website and/or Mobile Application or not, We do not accept any liability for monitoring the Website and/or Mobile Application or for unauthorized or unlawful content on the Website and/or Mobile Application or use of the Website and/or Mobile Application by Users.

    11.LIMITATIONS ON WEBSITE SERVICES AND/OR MOBILE APPLICATION

    You acknowledge that QUICKSY LEARNING ACADEMY LLC may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website and/or Mobile Application, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website and/or Mobile Application, and the frequency with which You may access the Website and/or Mobile Application. You agree that QUICKSY LEARNING ACADEMY LLC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website and/or Mobile Application. You acknowledge that QUICKSY LEARNING ACADEMY LLC reserves the right at any time to modify or discontinue the Website and/or Mobile Application (or any part thereof) with or without notice, and that QUICKSY LEARNING ACADEMY LLC shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website and/or Mobile Application.

    12.POSTING AGENTS

    A “Posting Agent” is a third-party agent, service, or intermediary that offers to post content on the Website and/or Mobile Application on behalf of others. To moderate demands on the Website and/or Mobile Application’s resources, You may not use a Posting Agent to post any content on the Website and/or Mobile Application without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website and/or Mobile Application to facilitate posting content on behalf of others, except with express permission or license from QUICKSY LEARNING ACADEMY LLC.

    13.NO SPAM POLICY

    You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site and/or Mobile Application, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.

    14.INTELLECTUAL PROPERTY RIGHTS & WEBSITE CONTENT

    QUICKSY LEARNING ACADEMY LLC, reserves all of its intellectual property rights. You agree not to copy, modify, or distribute any content whatsoever from the Website and/or Mobile Application, including all Our copyrights or trademarks. When You give Us content, You are granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. By posting to the Site and/or Mobile Application You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us by sending an e-mail through the “Contact Us” section located on the WWW.QUICKSYLEARNING.COM site and We will investigate the matter. We reserve the right to remove content where We have grounds for suspecting the violation of these Terms of Use or of any party’s rights. Any content posted by a user other than by Us and/or QUICKSY LEARNING ACADEMY LLC, shall not be deemed and does not reflect the thoughts, comments, ideas, opinions, or otherwise of QUICKSY LEARNING ACADEMY LLC, and/or Us.

    15.LICENSE

    Subject to your compliance with these Terms, We grants You a limited, nonexclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related productss that may be made available through the Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by Us and Our licensors.

    15.1 You may not:

    1. remove any copyright, trademark or other proprietary notices from any portion of the Services;
    2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by QUICKSY LEARNING ACADEMY LLC;
    3. decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
    4. link to, mirror or frame any portion of the Services;
    5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
    6. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    16.REPORTING INTELLECTUAL PROPERTY INFRINGEMENTS

    Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark such as offering counterfeit items for sale. We reserve the right to remove content where We have grounds for suspecting the violation of these Terms of Use, Our policies or of any party’s rights. If You have a good faith belief that a listing on the Website and/or Mobile Application infringes Your copyright, trademark, or other intellectual property rights, then You must immediately Contact Us through the “Contact Us” section located on the WWW.QUICKSYLEANING.COM site and in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website and/or Mobile Application that You claim is infringing so that We may locate it on the Website and/or Mobile Application; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.

    17.LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE 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 THIS WEBSITE AND/OR MOBILE APPLICATION; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE AND/OR MOBILE APPLICATION OR ANY WEBSITE AND/OR MOBILE APPLICATION OR WEBSITES LINKED TO THIS WEBSITE AND/OR MOBILE APPLICATION, (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE AND/OR MOBILE APPLICATION; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE AND/OR MOBILE APPLICATION; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR MOBILE APPLICATION. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR 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, IF ANY, FOR ACCESSING OUR WEBSITE AND/OR MOBILE APPLICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND/OR MOBILE APPLICATION, OR WITH ANY OF THESE TERM OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND/OR MOBILE APPLICATION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

    18.DISCLAIMER OF WARRANTIES

    YOU AGREE THAT USE OF THIS WEBSITE AND/OR MOBILE APPLICATION AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, CONTENT AND MATERIALS ON THIS WEBSITE AND/OR MOBILE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER QUICKSY LEARNING ACADEMY LLC’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE AND/OR MOBILE APPLICATION OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE AND/OR MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR MOBILE APPLICATION OR THE SERVERS THAT MAKE THIS WEBSITE AND/OR MOBILE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE AND/OR MOBILE APPLICATION IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER QUICKSY LEARNING ACADEMY LLC’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE AND/OR MOBILE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE AND/OR MOBILE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERM OF USE.

    19.ENDORSEMENT WAIVER

    Reference to any specific third party platform, products or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or recommendation by QUICKSY LEARNING ACADEMY LLC, or its owners. QUICKSY LEARNING ACADEMY LLC, encourages You to exercise discretion when browsing the internet. Any link on QUICKSY LEARNING ACADEMY LLC Website and/or Mobile Application is provided solely for Your information and as a convenience to You and QUICKSY LEARNING ACADEMY LLC and its affiliates make no representation or warranty about the legality of any third party Website and/or Mobile Application nor about its accuracy, content, products or services. Any such Website and/or Mobile Application is independent from QUICKSY LEARNING ACADEMY LLC, and QUICKSY LEARNING ACADEMY LLC, has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website and/or Mobile Application. A link between QUICKSY LEARNING ACADEMY LLC Website and/or Mobile Application and another Website and/or Mobile Application further does not mean that QUICKSY LEARNING ACADEMY LLC, endorses, recommends, sponsors or approves that Website and/or Mobile Application. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website and/or Mobile Application. QUICKSY LEARNING ACADEMY LLC, expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the QUICKSY LEARNING ACADEMY LLC, domain.

    20.INDEMNITY

    You agree to indemnify and hold QUICKSY LEARNING ACADEMY LLC, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of Our, guidelines, services, or offerings, Your violation of these Term of Use, or Your infringement, or the infringement or use by any other user of Your account, of any intellectual property or other right of any person or entity. This section shall survive the termination of this Agreement.

    21.TERMINATING OUR SERVICES

    You may terminate or stop using Our services at any time. QUICKSY LEARNING ACADEMY LLC, may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at Our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website and/or Mobile Application (or any part thereof), immediately and without notice, and remove and discard any content within the Website and/or Mobile Application, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website and/or Mobile Application. Further, You agree not to attempt to use the Website and/or Mobile Application after said termination.

    22.DISPUTE RESOLUTION

    This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Texas. Any disputes relating in any way to Your use of QUICKSY LEARNING ACADEMY LLC Site and/or Mobile Application and its content, guidelines, and services shall be submitted to confidential & binding arbitration in, except to the extent that You have in any manner violated or threatened to violate QUICKSY LEARNING ACADEMY LLC, intellectual property rights. QUICKSY LEARNING ACADEMY LLC, may seek injunctive or other appropriate relief in any state or federal court in the state of Texas and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If We don’t enforce any particular provision, We are not waiving Our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website and/or Mobile Application or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website and/or Mobile Application. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

    23.FORCE MAJEURE

    If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part the obligations as set forth in this Agreement, then QUICKSY LEARNING ACADEMY LLC and the Site and/or Mobile Application shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make QUICKSY LEARNING ACADEMY LLC or the Site and/or Mobile Application liable to You.

    24.RELATIONSHIP OF THE PARTIES

    Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

    25.MESSAGES TRANSMITTED THROUGH ELECTRONIC MAIL

    Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us, Our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Us by submitting an e-mail through the “Contact Us” section located on the WWW.QUICKSYLEARNING.COM site.

    26.SECURITY PROCEDURES

    QUICKSY LEARNING ACADEMY LLC, undertakes reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. QUICKSY LEARNING ACADEMY LLC, undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although QUICKSY LEARNING ACADEMY LLC is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.

    27.PRIVACY POLICY

    SEE ADDITIONAL PRIVACY POLICY TERMS ATTACHED HERETO: QUICKSY LEARNING ACADEMY LLC, is committed to making Your experience satisfying and safe. Protecting the privacy of our users is a primary concern for us. When you request QUICKSY LEARNING ACADEMY LLC, online services, the information you provide to us is used only to provide our services to deliver email notification to you (or to people you designate as Your recipients) and from time to time, to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared only with our professional consultants. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THIS WEBSITE AND/OR MOBILE APPLICATION. WEBSITE AND MOBILE APPLICATION TERMS OF USE ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE WEBSITE AND/OR MOBILE APPLICATION HEREBY AGREES THAT USER SHALL COMPLY WITH WEBSITE AND MOBILE APPLICATION TERMS OF USE AND PRIVACY POLICY. PLEASE BE ADVISED THAT THE WEBSITE AND/OR MOBILE APPLICATION RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENTAL OFFICIALS AS, AT WEBSITE AND/OR MOBILE APPLICATION’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.

    28.WEBSITE AND MOBILE APPLICATION TERMS OF USE

    The Terms of Use set forth on the Website and/or Mobile Application shall govern any claim relating to the Privacy Policy and will otherwise be deemed applicable to it.

    29.CONTRIBUTIONS

    Please send questions, comments or complaints (“Contributions”) to WWW.QUICKSYLEARNING.COM by submitting an e-mail through the “Contact Us” section. By submitting ideas, suggestions, documents or proposals to QUICKSY LEARNING ACADEMY LLC, through its suggestions or feedback Web Pages, You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) QUICKSY LEARNING ACADEMY LLC, is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) QUICKSY LEARNING ACADEMY LLC, shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) QUICKSY LEARNING ACADEMY LLC, may have something similar to the Contributions already under consideration or in development; (v) You irrevocably non-exclusively license to QUICKSY LEARNING ACADEMY LLC, rights to exploit Your Contributions; and (vi) You are not entitled to any compensation or reimbursement of any kind from QUICKSY LEARNING ACADEMY LLC, under any circumstances.

    30.ENTIRE AGREEMENT

    You agree that These Terms of Use and the other policies posted on the Website and/or Mobile Application constitute the entire, complete and exclusive agreement between QUICKSY LEARNING ACADEMY LLC, the Site and/or Mobile Application, and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.

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