This User Agreement (“Agreement”) governs the use of www.Bolt-Class.com and related mobile applications (the “Bolt Class Site”), governs your access to and use of the Bolt Class website and mobile application (the “Platform”), including: The Platform is provided by Bolt Class Ltd. (“Bolt Class” or the “Company”) to language learners (“Students”) and instructional services (“Teaching Services”) through the Platform, subject to the terms and conditions contained in this Agreement. provided to native speakers (hereinafter referred to as "Instructors") who provide the following:
If you created an account on the Platform prior to the date set forth above, this Agreement will become effective thirty (30) days after the date set forth above. Otherwise, this Agreement is effective as of the date indicated above.
Note: With limited exceptions, Section 19 below provides that: (1) any claim you bring against Bolt Class will be resolved by binding, individual arbitration; You are asked to waive your right to sue and have your claim heard by a jury; and (3) you waive your right to initiate or participate in a class, group, or representative action or proceeding.
By accessing or using the Platform, you agree that you have read, understood, and agree to be bound by this Agreement (including, if applicable, the arbitration and class action waiver sections below). It is considered. If you do not agree to all the terms of this Agreement, please do not access or use the Platform.
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Eligibility
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To the extent that you can form a binding contract with Bolt Class, and in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, you agree to use the Platform. can be used.
Students must be 18 years of age or older to use the Bolt Class Site. If you are a Student, you represent that your use of the Platform complies with these age restrictions.
If you are an instructor or a person seeking to become an instructor, you represent that you are 18 years of age or older. Bolt Class may, from time to time, provide other requirements for Instructor eligibility. Requirements may vary depending on the applicable instructional service. Bolt Class reserves the right, in its sole discretion, to evaluate and re-evaluate your eligibility at any time, and may request your information at any time to make such determinations.
If Bolt Class has previously prohibited you from accessing or using the Platform, you are not authorized to access or use the Platform.
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Additional terms and guidelines
Students and Instructors shall comply with any additional guidelines, rules, or terms posted or otherwise provided in connection with the Platform, all of which are incorporated by reference into this Agreement.
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data privacy
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Please review the Bolt Class Privacy Policy. These apply to your use of the Platform.
If Instructors receive personal information in the course of providing instructional services, Instructors acknowledge their role as data controllers and agree to comply with their obligations under applicable law as data controllers.
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Change
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We may modify this Agreement from time to time and will notify you of any material changes by email, posting on the Platform, or other means prior to the effective date of the changes. By accessing or using the Platform after the effective date of any such changes, you will be deemed to have accepted such changes. If you do not agree to the changes, please do not access or use the Platform.
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account information
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If you create an account on the Platform, you agree that the information you provide will be true, accurate, current, and complete at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are responsible for all activities that occur under your account. You agree to be responsible for If you have reason to believe that your account is no longer secure (for example, in the event of loss, theft, or unauthorized disclosure or use of your account ID or password), you will immediately notify Bolt Class. You may be held liable for damages incurred by Bolt Class or others due to unauthorized use of your account.
Except as provided herein, your Account may only be used by you.
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License for use of the platform
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Bolt Class grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform provided by Bolt Class, subject to your compliance with the terms of this Agreement. We grant you a revocable license solely for the personal use of actual students/instructors, or prospective students/instructors, and in accordance with your intended use of the Platform and the terms of this Agreement. shall be granted to you in a manner that satisfies the legal requirements of. Bolt Class may revoke this license at any time in its sole discretion. In the event of such cancellation, you agree to retain all materials downloaded or otherwise obtained from the Platform, and all copies of such materials, whether or not made under this Agreement. must be promptly destroyed.
You agree not to use, reproduce, adapt, modify, create derivative works based on, distribute, license, sell, transfer, use the Platform or any content available thereon, except as expressly permitted in this Agreement. It may not be publicly displayed, publicly performed, transmitted, streamed, broadcast, or otherwise exploited. THE PLATFORM OR ANY CONTENT AVAILABLE THEREIN IS PROVIDED TO YOU AS IS. If you download or print a copy of any content available on the Platform for your personal use, you must retain all copyright and other proprietary notices contained therein. Except for the licenses and rights expressly granted in this Agreement, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bolt Class or its licensors. this is not allowed.
If additional or different hardware or software is required to access and utilize the full functionality of the Platform, you are responsible for the acquisition and installation of such hardware and software and its compatibility with your system. is solely responsible for its decisions. Customer assumes all risks and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms associated with any software you use in connection with the Platform.
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Limitations
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You shall not, and shall not assist, encourage, or enable others to:
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access or use the Platform for any purpose that is inconsistent with the intended purpose of the Platform, is unlawful, or prohibited by this Agreement;
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in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform (as determined in our sole discretion); ) to use the Platform.
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intentionally interfere with or damage the operation of the Platform or any User's use of the Platform by any means, including by uploading or otherwise disseminating viruses, worms, or other malicious code;
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Remove, circumvent, disable, impair or otherwise remove, circumvent, disable, impair or otherwise security-related features of the Platform, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform; to interfere.
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Attempt to gain unauthorized access to the Platform or any portion thereof, other accounts, computer systems or networks connected to the Platform or any portion thereof, by hacking, password mining or any other means; Interfering or attempting to interfere with the proper working or activity conducted on the Platform;
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Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform.
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Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission, or use our robot exclusion headers or our access to the Platform; Circumvent any other measures we may use to prevent or restrict.
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Use any trademark, logo, or other Bolt Class material without our express written consent, including through framing techniques or any "hidden text" meta tags.
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modify the Platform in any way or form, including, without limitation, by gaining unauthorized access to the Platform, or using any modified version of the Platform;
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Create multiple accounts, use someone else's account without permission, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform.
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Violate in any way the copyright, trade secret or other rights (including privacy rights and rights of publicity) of any third party.
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spam someone.
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Post advertising or engage in any commercial solicitation without Bolt Class's written permission.
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Any conduct or content that is libelous, defamatory, abusive, threatening, harassing, hateful, obscene, offensive, insulting to others (publicly or not), or otherwise violates Bolt Class or any law or third party rights. Posting.
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Sharing another person's personal or personally identifiable information without their express approval and permission.
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Attempting to do any of the above indirectly.
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Monitoring and recording
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Bolt Class may monitor, record, and retain interactions, including audio, video, or text, between Students, Instructors, and automated chatbots on the Platform (“Sessions”). You hereby agree to: (i) monitor, record, and maintain sessions in which you engage, including your audio, images, and communications (“Recordings”); (ii) retain and store such records for Bolt Class's own internal business purposes, including, but not limited to, instructor evaluation, instructor training, dispute resolution, and improving the services available on and through the Platform; (iii) that such records will be made available to the parties to the recording (e.g., students and instructors) and their legal representatives (such as the parents of minor students); (v) by law or legal process. or (vi) if you otherwise specify Uses or disclosures of your records where you agree (for instructors, including as set forth in the instructor addendum).
You agree that any rights of publicity, privacy, or other rights under applicable law may be granted to you for the limited purposes set forth in this Section or as otherwise agreed to by you (including, with respect to Instructors, the Instructor Addendum). Waive to the extent that it may be used to prevent Bolt Class from using the Recordings or any content therein as set forth in this section or as required by law or legal process. Under any intellectual property rights you may have in You hereby grant Bolt Class a free, irrevocable, indefinite-term, sublicensable, and transferable license. Notwithstanding the foregoing, you have certain choices regarding access to or retention of records as set forth in our Privacy Policy.
You agree not to record, copy, redistribute, broadcast, publicly perform, or publicly display any Sessions except as permitted by this Agreement. To the extent Records are provided to you by Bolt Class, you agree that they are for your personal use only and not for further distribution or publication.
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User content
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We will provide you with information, text, graphics, photos, audio, video, postings, reviews, designs, inventions, or other materials (“User Content”) on the Platform, whether or not viewable by others. ”) may be permitted to submit, post, upload, publish, transmit, link to, display, or otherwise make available (“Posting”).
You retain ownership of all intellectual property rights you have in any User Content you post to the Platform. By posting User Content on or through the Platform, you agree to use the Site for Bolt Class's business purposes or as required by law or legal process, now known or hereafter developed. You may use, copy, reproduce, process, adapt, publish, transmit, display, distribute, or otherwise exploit such User Content in any form or media. You grant Bolt Class an exclusive, transferable, royalty-free license (with the possibility of sublicensing). For clarity, the license granted to Bolt Class shall survive any termination of the Platform or your Account. You represent, warrant, and agree that you have the necessary rights to grant us the license described in this section with respect to the User Content that you post. You agree to this license that other users authorized to access your User Content (such as instructors or students) may, in connection with their participation in the Platform, You agree that this includes the right to use your User Content.
You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we may act solely as a passive conduit for the online distribution and publication of your User Content. You agree that You acknowledge and agree that Bolt Class does not control and is not responsible for User Content, and that by using the Platform, Bolt Class does not control and is not responsible for User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable to other users. You understand that you may be exposed to Content. To report inappropriate behavior, please contact Bolt Class's support team here . Additionally, please be aware that your User Content may contain typographical or other inadvertent errors or inaccuracies.
Bolt Class has the right, in its sole discretion, to remove or disable access to any User Content from the Platform if you post User Content that violates this Agreement or is otherwise objectionable to us for any reason. , shall have the right to suspend or terminate your account at any time and to pursue any other remedies or remedies available in equity or at law. You agree that Bolt Class reserves the right (but not the obligation) to monitor User Content, and to monitor User Content to ensure that it is accurate and consistent with your representations and warranties in this Agreement. You understand that it is your sole responsibility to ensure that the
Bolt Class may not use the Service to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigating potential violations of this Agreement; (iii) fraud; To detect, prevent, or otherwise address security or technical issues or respond to user support requests;
or (v) as we reasonably believe is necessary to protect the rights, property, or safety of Bolt Class, its users, or the public.
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We reserve the right to access, read, preserve, and disclose any information.
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Ownership and property rights
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All videos, content, visual interfaces, information, graphics, designs, compilations, computer code, products, software, services, and other elements of the Platform (“Bolt Class Materials”) are subject to copyright, trade dress, Protected by patent and trademark laws, international treaties, and all other relevant intellectual property and proprietary rights and applicable laws. All Bolt Class Materials are the property of Bolt Class or its subsidiaries or affiliates and/or third party licensors. All trademarks, service marks, and trade names belong to Bolt Class or its affiliates and/or third party licensors. Except as expressly authorized by Bolt Class, you may not sell, license, distribute, copy, modify, publicly perform or publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise misuse Bolt Class Materials. I agree not to make any unauthorized use.
Any feedback, comments, questions, or suggestions you may provide regarding the Platform (collectively, "Feedback") is completely voluntary, and we are free to share such Feedback without any obligation to you. It can be used for. By submitting Feedback, you further agree that (i) we will not be under any obligation of confidence, express or implied, with respect to your Feedback, and (ii) we will not be subject to any obligations of confidentiality, express or implied, with respect to your Feedback. (iii) an irrevocable, non-exclusive license to use, modify, create derivative works from, publish, distribute, and sublicense the Feedback; , grant us a royalty-free, indefinite-term, worldwide license, and (iv) irrevocably grant Bolt Class and its users the right to assert and enforce any moral rights in such Feedback. renounce and let it be abandoned. These Feedback provisions shall survive any termination of your account or the Platform.
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Trust and safety
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Although Bolt Class strives to promote a safe and inclusive learning environment, Bolt Class cannot control how students and instructors interact with each other. You acknowledge that Bolt Class makes no representations or warranties regarding your or your instructor's use of the Service, or your instructor's background, training, or conduct. If you have any concerns about your instructor or student, please contact Bolt Class's support team
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Payment, cancellation, refund
Refunds: Lesson plans and other services purchased in connection with the Platform are non-refundable and non-creditable. If you believe you have been charged in error, please contact Bolt Class's support team here . Refund requests must be made within 30 days of the incorrect charge.
Mobile Services: By using the Platform, you may incur data usage charges with third parties such as wireless service providers. You acknowledge and agree that you are solely responsible for any third party fees associated with your use of the Platform.
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Modifications and termination of your account or platform
Bolt Class may change or discontinue the Platform, and the media, products, and services available through the Platform, at any time without notice. The media, products, or services on the Platform may be out of date;
Bolt Class makes no commitment to update these materials on the Platform.
We may decide to limit, block, suspend, disable, or cancel all or any part of your Account at any time, in our sole discretion, with or without prior notice. If we do so in the exercise of our discretion under this Agreement, any or all of the following may occur with or without prior notice or explanation to you: (a) you; (b) our unique If appropriate in our discretion, we may communicate to other users that your account has been terminated, blocked, suspended, disabled, or canceled and the reasons for this action. You may cancel your use of the Platform and/or cancel your use of the Platform at any time by contacting Bolt Class's support team here : You can terminate your account. Please note that if your Account is canceled, we have no obligation to remove or return to you any User Content that you posted to the Platform, unless otherwise required under applicable law. If we terminate an Instructor's account, the Instructor will be entitled to receive payment for instructional services performed prior to the effective date of the suspension within 60 days of the termination. Such payment shall constitute complete settlement of any claims of any kind that Instructor may have against Bolt Class.
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DMCA Notice
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It is Bolt Class's policy to respond to notifications of alleged infringement pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied and is accessible through the Platform in a way that constitutes copyright infringement, please notify Bolt Class's Copyright Agent as provided in the DMCA. To file a complaint under the DMCA, you must provide the following information in writing:
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An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
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Identification of the copyrighted work that you claim has been infringed.
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Identification of the material that you claim is infringing and where it is located on the Platform;
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Information reasonably sufficient to permit Bolt Class to contact you, such as your address, telephone number, and email address.
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The above information must be submitted to the DMCA Agent below.
Bolt Class Ltd
Attn: DMCA Notice, Bolt Class Ltd: 3 Sloane Terrace SW1X9DQ
Under federal law, knowingly misrepresenting that online material is infringing may subject you to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
Please note that this process is for notifying Bolt Class and its affiliates that your copyrighted work has been infringed. The foregoing requirements are intended to comply with Bolt Class's rights and obligations under the DMCA, including 17 USC §512(c), but do not constitute legal advice. You may wish to consult an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Bolt Class has adopted a policy of terminating, in appropriate circumstances and at Bolt Class's sole discretion, the accounts or access of users who are deemed to be infringers or repeat infringers.
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Third party links and resources
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The Platform may contain information and content provided by third parties and may contain links to third party websites and other resources that are not owned or controlled by Bolt Class. Bolt Class is not responsible for the availability of such external sites or resources, and does not endorse or assume any responsibility or liability for such external sites or resources. These links or resources do not imply endorsement by Bolt Class, and Bolt Class does not endorse or assume any responsibility or liability for such third-party sites, information, materials, products, or services. If you access third-party websites or resources from the Platform, you do so at your own risk and understand that this Agreement and Bolt Class's Privacy Policy do not apply to your use of such links. . You expressly release Bolt Class from any and all liability arising from your use of any third party websites, services or content. You agree that Bolt Class is not responsible for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. You acknowledge and agree that you have no obligation to
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Disclaimer: No warranty
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THE PLATFORM AND ANY THIRD PARTIES, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE TO OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ARE PROVIDED “AS IS.” There are no guarantees of any kind. To the maximum extent permissible pursuant to applicable law, Bolt Class and its suppliers, licensors and partners disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limitation, we disclaim all warranties, express or implied.
Bolt Class and its suppliers, licensors, and partners do not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that it is free of viruses or other harmful components.
Bolt Class and its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Platform in terms of accuracy, reliability, or otherwise. You (and not Bolt Class or its suppliers, licensors or partners) assume the entire cost of all necessary servicing, repair, or correction. You download or otherwise obtain media, material or other data through the use of the Platform at your own discretion and risk, and you agree that you are not responsible for any damage to your computer system or that results from such material or data. You understand and agree that you are solely responsible for any loss of data.
CERTAIN STATE LAWS OR CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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Limitation of liability
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Under no circumstances, including but not limited to negligence, will Bolt Class or its affiliates, contractors, employees, agents, or third party partners, licensors, or suppliers be liable for any damage to the use of the Bolt Class Materials on the Platform or the Platform itself. In no event will Bolt Class be liable to you for any special, indirect, incidental, consequential, or exemplary damages arising out of the loss of use or any other interaction with Bolt Class (and that Bolt Class or its authorized representatives may not be responsible for any such damages). even if they had been informed of the possibility of Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Bolt Class's liability will be limited to the extent permitted by law.
In no event shall Bolt Class or its affiliates, contractors, employees, agents, or third party partners or suppliers be held liable for any and all damages, losses, and causes of action arising out of or related to these Terms or your use of the Platform. Our aggregate liability to you, whether in contract, tort, warranty, or otherwise, is for (a) all payments made by you to Bolt Class under this Agreement during the six (6) month period prior to the invoice date (or (b) the greater of $50.00.
These restrictions do not apply to products or services sold or provided to you by third parties other than Bolt Class, or that you receive through the Platform, or that are advertised on the Platform or received through links provided on the Platform. This shall also apply to damages caused by.
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Compensation
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You agree to indemnify and hold Bolt Class and its affiliates harmless from any and all claims, losses, damages, and liabilities, including attorneys' fees, arising from your use or misuse of the Platform, your violation of any rights of another person or entity, or your violation of this Agreement. You agree to indemnify and hold harmless Company and its suppliers, licensors, and partners.
Instructor further agrees that the Instructor shall not be liable for any claims or liability of any kind arising from the Instructor's failure to pay any taxes, penalties, and disbursements due under this Agreement, including the Instructor Addendum (including penalties, fees, or You shall indemnify and hold Bolt Class and its successors and assigns harmless from, and shall be solely responsible for and indemnify, Bolt Class and its successors and assigns. Instructor further reserves the right to be responsible for any misrepresentations, representations, commitments, covenants or agreements on the part of Instructor, and any actions, actions, proceedings, claims, assessments, penalties or judgments of Instructor related to or arising out of Instructor's activities. You shall indemnify and hold harmless Bolt Class and its successors and assigns for any loss or damage caused by such loss or damage. In addition, the Instructor shall be responsible for all reasonable attorney's fees, costs, and expenses associated therewith.
Bolt Class reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bolt Class. You agree to cooperate with Bolt Class's defense of these claims.
PLEASE READ THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY IN ITS ENTIRETY. THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT.
Applicability: This Arbitration Agreement applies only if your residence or place of business is located in the United Kingdom. If you seek to bring a legal claim against Bolt Class in the United Kingdom even though you do not have a residence or place of business in the United KingdomF, the threshold question of whether this Section 19 applies to you may arise. This Arbitration Agreement will govern the determination and all other threshold determinations, including residency, arbitrability, jurisdiction, and applicable law.
Authority: You and Bolt Class agree that this Arbitration Agreement is enforceable and subject to the Federal Arbitration Act (9 USC §1-16) and that the parties agree to mutual consent to arbitrate any covered Claims. You understand and agree that your obligations give full consideration to this Arbitration Agreement.
Initial Dispute Resolution : Most disputes can be resolved without resorting to litigation, and if you have a dispute, you can contact Bolt Class's support team here . The parties agree to use their best efforts to resolve any dispute, claim, question, or disagreement directly through consultation with Bolt Class's support team. Good faith negotiations are conditional upon either party's initiation of litigation or arbitration.
Arbitration: Except as expressly provided in this Arbitration Agreement, and subject to the limitations and prohibitions of applicable law, you and Bolt Class agree that, except as expressly provided in this Arbitration Agreement, and subject to the limitations and prohibitions of applicable law, a single neutral arbitrator ( We mutually agree to resolve any claims that either you or Bolt Class have against the other only through final and binding arbitration before a arbitrator (the “Arbitrator”).
All disputes regarding the arbitrability of claims (including disputes regarding the scope, applicability, enforceability, revocability, or validity of an arbitration agreement) shall be subject to arbitration, except as expressly provided below. It shall be decided by the person.
Class or Collective Action Waiver : You understand that you and Bolt Class may each bring claims in arbitration against the other and the Covered Parties only in an individual capacity and not in a class, collective, or representative action. I agree (“Class Action Waiver”). Accordingly, you waive any right to bring, try, decide, or have any Claims arbitrated as a class action and/or collective action, and no arbitrator shall have the authority to hear or preside over any such Claims. . Further, no arbitration proceeding under this Arbitration Agreement may be consolidated or combined in any way with an arbitration proceeding involving different employees.
This Class Action Waiver only applies if (1) the Dispute is brought as a class action and/or collective action; and (2) all or any part of the Class Action Waiver is void, unenforceable, or unconscionable. , is severable from this Arbitration Agreement if there is a final judicial determination that it is invalid, void, or revocable. In this case, any class action and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but any enforceable portion of the class action waiver may not be enforced in arbitration. Masu.
(“PAGA”) Individual Action Requirements : By entering into this Arbitration Agreement, you and Bolt Class both agree that PAGA claims will be arbitrated only on an individual basis. shall be mutually confirmed. Accordingly, any claim you may have to recover unpaid wages, liquidated damages, or other individual relief must be arbitrated under this Agreement.
The arbitrator shall not have authority to preside over any PAGA Claim brought by you on behalf of any other person or any other claim joined or consolidated with any other person or entity's PAGA Claim. This PAGA Individual Action Requirement provision shall be severable from this Arbitration Agreement if there is a judicial determination that it is ineffective, unenforceable, unjust, invalid, or voidable. In this case, a PAGA action must be filed and litigated in a civil court of competent jurisdiction, but the enforceable portions of the PAGA Individual Action Requirement provisions will be enforced in arbitration.
Limitations on How This Arbitration Agreement Applies to Certain Claims: This Arbitration Agreement does not require the arbitration of: (i) claims for workers' compensation benefits, state disability insurance or unemployment insurance benefits; , (ii) disputes that are not arbitrable or not subject to a pre-dispute arbitration agreement under applicable federal law or lawful and enforceable executive order; (iii) 2021 Sexual Violence Disputes that may not be subject to a pre-dispute arbitration agreement under the Sexual Harassment Mandatory Arbitration Act. In addition, either party may seek relief in small claims court for claims within the jurisdiction of that court, provided such claims are brought only in that court. Further, any claim that the above class action waiver or PAGA individual action requirement provision is unenforceable, inapplicable, unconscionable, void or voidable, in whole or in part, shall be brought by the arbitrator and not the arbitrator. , may only be determined by a court of competent jurisdiction. All other claims that are not arbitrable under this Arbitration Agreement shall be subject to the exclusive jurisdiction and exclusive jurisdiction of the state and federal courts located within the United Kingdom and you agree to litigate such claims. You consent to the jurisdiction of these courts for the purposes of:
If a Claim that does not require arbitration under this Arbitration Agreement is combined with a Claim that does require arbitration, to the fullest extent permitted by applicable law, a Claim that does not require arbitration under this Arbitration Agreement shall be arbitrated; shall remain subject to this Arbitration Agreement. Either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with any arbitrable dispute, subject to applicable law. No such application shall be deemed inconsistent with or a waiver of this Agreement to Arbitrate. The court to which the application is applied has the power to consider the merits of the arbitrable dispute to the extent it deems necessary in making its decision. However, all final relief decisions shall be determined by arbitration.
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Payments
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All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
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Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
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DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
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• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
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• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
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• Your address, telephone number, and email address.
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• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
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• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
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You can contact our copyright agent via email at help@dateandgame.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
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Intellectual Property
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The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
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The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
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Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Changes to this Section : Bolt Class will notify you of any changes that materially affect this Section at least 30 days in advance by posting it on the Platform, sending you a message, or by other notification when you log into your account. Masu. Changes that materially affect this Section will become effective thirty (30) days after they are posted on the Platform or sent to you. Otherwise, any changes to this section will apply thereafter only to claims arising after the 30th day. If a court or arbitrator determines that this section regarding ``Changes to this Section'' is unenforceable or unenforceable, then this section shall be severed from the section entitled ``Arbitration and Class Action Waiver,'' and the court or arbitrator shall The first Arbitration and Class Action Waiver that exists after you begin using the Platform will apply.
Entire Agreement: Survival Provision: In addition to the terms set forth in the Class Action Waiver and PAGA Individual Action Requirements sections above, any provision of this Arbitration Agreement shall be ineffective, voidable, voidable, voidable or voidable, in whole or in part. or is otherwise determined to be unenforceable, then such provision shall be severed from this Arbitration Agreement without affecting the validity of the remaining provisions of this Arbitration Agreement. All remaining provisions shall remain in full force and effect. This Arbitration Agreement shall survive termination of this Agreement and/or your relationship with Bolt Class. Each Covered Party may enforce this Arbitration Agreement either directly or as a third-party beneficiary.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
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General
Notices : You consent to receive communications from Bolt Class electronically, including via email and notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that Bolt Class provides to you electronically satisfy any legal requirement that such communications be in writing.
Language : Any proceedings brought under this Agreement shall be conducted in the English language. If you are located in France or Quebec, Canada, the following provisions apply: The parties hereby confirm that they have requested that this Agreement be written in the English language . qu'elles ontexigé que le présent contrat et tous les documents associatedés soient redigés en anglais).
Entire Agreement : This Agreement ( including the Instructor Addendum ) contains the entire understanding between the parties and supersedes and supersedes any prior understandings or agreements, oral or written, between the parties regarding the subject matter of this Agreement. shall be done. There are no representations, agreements, arrangements and understandings, whether oral or written, between the parties with respect to the subject matter of this Agreement that are not fully expressed herein.
Severability : If any provision of this Agreement is held to be ineffective, other provisions of this Agreement may be held to be ineffective or otherwise affected. and these Terms shall remain in full force and effect.
Assignment and Assignment : This Agreement, and any rights and licenses granted hereunder, may not be assigned or assigned by you, but may be assigned by Bolt Class without restriction. Any attempted assignment or transfer in violation of this Agreement will be null and void. The terms of this Agreement will be binding upon and will inure to the benefit of each party and his or her successors and permitted assigns.
Survival Provisions : Sections 3, 8-10, and 12-21 shall survive any termination of this Agreement.
No Waiver : No delay or failure by Bolt Class in exercising any right under this Agreement shall operate as a waiver of that or any other right. Any waiver or consent given by Bolt Class in any instance shall be effective only in that instance and shall not be construed as a prohibition or waiver of any right in any other instance.
Headings : Headings and other captions in this Agreement are included for convenience of reference only and do not govern the meaning or interpretation of any provision of this Agreement.
Governing Law : Other than the above Arbitration Agreement, which is governed by the Federal Arbitration Act, this Agreement shall be governed in all respects by the laws of the State of California, without reference to its conflicts of law principles.
Contact Us : If you have any questions regarding this Agreement, please contact Bolt Class's support team here .
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Apple iOS
If you access our Platform through a mobile application running on Apple's iOS operating system (an "iOS App") that you download, access, and/or use, you acknowledge and agree that:
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The iOS App may only be accessed and used on devices that you own or control and that use Apple's iOS operating system.
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The terms of this Agreement are between you and Bolt Class, and not with Apple.
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Apple has no obligation to provide any support or maintenance services related to the iOS App, and any maintenance or support inquiries related to the iOS App should be directed to Bolt Class, and not Apple.
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Except as expressly set forth in this Agreement, any claims related to your possession or use of the iOS App are between you and Bolt Class (and any claims you or anyone else may have with Apple) are between you and Bolt Class. ).
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Apple has no liability or responsibility to you with respect to any third party claim that your possession or use of the iOS App under this Agreement infringes its intellectual property rights. .
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Although this Agreement is entered into between you and Bolt Class (and not Apple), Apple has no right to enforce this Agreement against you as a third-party beneficiary under this Agreement. have.
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Google apps
If you access our Platform on a mobile application that you download, access, and/or use from the Google Play Store (“Google Provided Software”): (i) you agree that this Agreement is between you and Bolt Class; and not with Google, Inc. (“Google”). (ii) Your use of the Google Provided Software must comply with Google's then current Google Play Store Terms of Service. (iii) Google is only the provider of the Google Play Store from which you obtained the Google Provided Software. (iv) Bolt Class (and not Google) is solely responsible for its Google-provided software; (v) Google has no obligation or liability to you with respect to the Google Provided Software or this Agreement. (vi) You acknowledge and agree that Google is a third party beneficiary of this Agreement relating to Bolt Class's Google Provided Software.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.