Welcome to JM Learning. We look forward to helping you, your child, or dependent academically. This Agreement sets forth Your rights and obligations as a User of JM Learning’s website.
- “JM Learning” is a trademark of JM Learning LLC, and also refers to proprietary JM Learning LLC software used to educate children through test preparation, supplemental education, and a variety of other academic coaching services. In this Agreement, references to “JM Learning” as a Party mean and refer to JM Learning LLC, doing business as JM Learning, and JM Learning LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
- “Parties” mean JM Learning and You. JM Learning and You are each a “Party.”
- “Terms” mean and refer to the User Terms and Conditions set forth herein.
Any content on any JM Learning website may constitute the intellectual property of JM Learning. Except where expressly authorized, no material on any JM Learning website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The JM LEARNING trademark and logo are proprietary marks of JM Learning, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by JM Learning or any of JM Learning’ affiliates.
You agree to protect, defend, indemnify and hold harmless JM Learning, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against JM Learning for liability for payments for, damages caused by, or other liability relating to, You.
2. No Warranty; no guarantees.
JM Learning does not promise, guarantee or warrant You or your child’s academic success, progress, or any form of increase. You understand and acknowledge that the academic progress of the student is dependent directly on the student’s own efforts. Additionally, JM LEARNING’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. JM LEARNING MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY JM LEARNING WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. JM LEARNING MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY JM LEARNING WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY JM LEARNING WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY JM LEARNING’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY JM LEARNING’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The JM Learning websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any JM Learning website and these Terms, these Terms shall control.
II. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL JM LEARNING’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF ONE (1) MONTHLY PAYMENT PAID BY YOU TO JM LEARNING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JM LEARNING OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
III. Force Majeure.
JM Learning will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of JM Learning. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. JM Learning shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Assignment of Rights.
JM Learning may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without JM Learning’ or its assigns express written consent.
2. Information; Registration; User Names and Passwords
As a User, You will be required to create an account with JM Learning. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, JM Learning under Your User Account. You agree to immediately notify JM Learning of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that JM Learning is not liable, and You will hold JM Learning harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
3. Release/Authorization to Use Photographs.
You grant JM Learning permission to use any and all photographs taken by JM Learning or its agents or employees, or submitted by You to JM Learning (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of JM Learning or any product or service sold and marketed by JM Learning. You agree that this authorization to use Photographs may be assigned by JM Learning to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in JM Learning’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against JM Learning in exchange for this Release and Assignment. You hereby release and forever discharge JM Learning from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
IV. Prohibited Activity.
JM Learning has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to JM Learning’s reputation; and the violation of the rights of JM Learning or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to JM Learning’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact JM Learning by e-mail at [email protected]
VI. Digital Millennium Copyright Act
If You believe that materials or content available on any JM Learning website infringes any copyright You own, You or Your agent may send JM Learning a notice requesting that JM Learning remove the materials or content from the JM Learning website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send JM Learning a counter-notice.
- Arbitration, Governing Law, and Attorneys’ Fees.
- ARBITRATION. Any claim or grievance of any kind, nature or description that You have against JM Learning including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Kings County, New York. You agree not to file suit against JM Learning or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and JM Learning. In the event that You and JM Learning are unable to reach agreement on an Arbitrator, You and JM Learning will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Kings County, New York . The arbitrators selected by You and JM Learning will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and JM Learning and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
- GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York without regard to any choice of law provisions.
- WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against JM Learning to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against JM Learning may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this Agreement prevents JM Learning from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect JM Learning’ rights prior to, during, or following any arbitration proceeding.
- ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or JM Learning commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
VII. Changes to Terms
JM Learning reserves the right to change these Terms, in whole or in part, from time to time at JM Learning’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms to www.jmlearning.com/terms-of-service which you may check. By Your continued use of JM Learning’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by JM Learning of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to JM Learning under or related to these Terms must be in writing, addressed as follows:
Notices to You may be made by posting a notice (or a link to a notice) on www.jmlearning.com/terms-of-service, by e-mail, by blog, social media post or by regular mail, at JM Learning’s discretion.