2. Use Restrictions.
3. Intellectual Property Rights Ownership and Notification.
On the Site, we provide screens, texts, Web pages, information, images, audio clips, video clips, products, services, software, and other materials (collectively “Content”). All Content on this Site is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by AudacitySoft LLC or by third party Content providers (collectively "Providers"). Except as expressly authorized by NextGuru or by Content providers, you agree not to copy, modify, reproduce, distribute and/or exploit in any way, in whole or in part, by any means.
4. Warranty Disclaimer.
You expressly understand and agree that this Site and the information and Content available through this Site are provided on an “as is” “as available” basis. We do not warrant that this Site will be uninterrupted or error-free, and we make no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site. We expressly disclaim any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the Content, information, services, products or other materials on this Site are always subject to change at any time without notice.
5. Disclaimer Regarding Links.
The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
6. Disclaimer Regarding Content Posted.
Tutors, teachers, instructors, coaches and all other service providers (“Tutors”) are responsible for information posted on their profiles. AudacitySoft LLC has no obligation to monitor Tutors’ profile content or any information conveyed through Communication Services. Tutors are not independently authenticated or verified. AudacitySoft LLC is not responsible for the actions of the Tutors and encourages that you to check the credentials or references of any Tutor prior to using his/her services.
7. Disclaimer Regarding Third Party Verification Services.
We may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that AudacitySoft LLC shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
8. Tutor Profile Content and Access.
The Site may allow you to post Content and other information, which may include but is not limited to, information about you, your teaching credentials, where you have taught, and your teaching experience.
AudacitySoft LLC does not claim ownership of the Content that you post, upload, or input into your profile. However, by posting, uploading, inputting, or providing materials to your profile you are granting AudacitySoft LLC a license (or permission) to use your materials in connection with the operation of our Internet business, including, without limitation, the license rights to: Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials and to publish your name and city of residence in connection with your materials. No compensation will be paid with respect to the use of Content of your profile, as provided herein. AudacitySoft LLC is under no obligation to post or use any materials you may provide and it may remove any materials at any time in its sole discretion.
You represent and warrant that the posting of Content on your Member Profile does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any Content posted by you on or through your Member profile. AUDACITYSOFT LLC RESERVES THE RIGHT TO REVIEW CONTENT POSTED AND TO REMOVE, EDIT, OR MOVE ANY CONTENT IN ITS SOLE DISCRETION. AUDACITYSOFT LLC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO YOUR PROFILE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER.
You understand and agree that AudacitySoft LLC shall not be held responsible for any attempt that may lead to your profile being compromised.
9. Changes to Services and the Site.
We reserve the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. We may also delete, or bar access to or use of, all related information and files. We will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information.
10. Disclaimer Regarding Liability.
You use this Site, the Content provided, and the services at your own risk.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE THE SITE, THE CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OR THE TUTORS REGISTERING TO THE SITE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THE SITE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SITE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of or connection to the Site (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.
12. Jurisdictional Issues.
We operate and control our Site from our offices in California in the United States of America. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site. Any failure by us to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.