(a) “Account” means the user profile you create by registering as a User on the Site in accordance with these User Terms of Service.
(b) “Content” means all text, graphics, images, software, audio, video, information or other files or materials.
(g) “Pal” means an Educational and Tutoring service provider, or a Specialist, or a Mental Health Professional accessible to Users via the Services.
TERMS OF SERVICE AGREEMENT
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which services may be provided (collectively the “Platform”). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website alopal.net and its related apps.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).
All registered users participating must agree must be 18 years of age or older. You can only register for only one account, unless expressly permitted to register for additional accounts by AloPal.
You agree that you will not solicit any personal information from any Pal and agree that if any Pal ever discloses such information to you, asks you for locatable personal information, or suggests any offline meeting or conversation, or to have sessions with you privately and in other platforms and without AloPal’s consent, you agree to immediately report this to us by phone and in writing. You agree not to use the Site or the products, services, and information offered on the Site to recruit, solicit, or contact in any form service providers for employment or contracting for a business not affiliated with us without our advance written permission.
PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
SITE AND SERVICE OPERATION
You acknowledge and agree that:
(a) that the Site and Services are intended only to facilitate the provision of AloPal Services via our online platform and its collaboration interface;
(b) AloPal is not a provider of services;
(c) AloPal’s role is solely to facilitate the availability of the Site and Services to Pals and Users through the marketplace created by the Site and Services; and
(d) AloPal is not a contracting agent or representative of any Pals. Pals are independent contractors and are not employees or agents of AloPal.
ACCOUNT REGISTRATION AND USAGE
(a) You can register to join the Service as a User by logging into your Account using certain third party social networking sites (“SNS”) (including, but not limited to Facebook) via our Site. When you register by logging into an SNS via our Site, we will obtain the Personal Information you have provided to that SNS (including, but not limited to your “real” name, profile picture, email address, list of SNS friends and any other information that you make available via the applicable SNS) from the account you have with such SNS and use that information to create your account and you will become a User; the information we obtain may depend on the information you provide to the applicable SNS and/or the privacy settings you have set or applied with the applicable SNS.
(d) You agree that you will not permit, enable, introduce or facilitate persons who do not have an Account to have access to the features of the Site and Services only made available to registered Users.
(a) AloPal acts as a technology service that facilitates the provision of Services by Pals to Users through an online marketplace. AloPal does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Pal’s Services, and AloPal will not be held responsible for any Pal’s failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, AloPal is not responsible for the use or exchange of any information, files or goods between Pals and Users. Further, AloPal does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Pals or Users, including, without limitation, the Services provided or other information made available through the Site and Services.
(b) Users are solely responsible for their interactions with Pals. The User understands that while AloPal professionally screens all Pals for the purposes of confirming identification to provide Users with a reliable, safe and secure online environment, AloPal cannot guarantee the accuracy of the Background Checks and the use of the Site by Users and the receipt of Services is at the risk and discretion of each User and the User agrees to to take reasonable precautions in all interactions with Pals.
(c) AloPal reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with AloPal’s rules and policies and these User Terms of Service. If you believe that a Pal or another User has violated these terms, please contact AloPal at Alopal.email@example.com
(d) You will comply with all applicable local, provincial, federal and foreign laws, treatises and regulations in connection with your use of the Site and Services.
(e) You are solely responsible for all equipment necessary to access and use the Site and Services and to receive Services.
(f) You will not use the Site or Services in any manner that harasses a Pal or another User or could otherwise interfere with any other party’s use or enjoyment of the Site and Services. You will respect the privacy of other Users and will not use the Site, Services or Tutor Services for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by Skooli in its sole discretion.
(g) You will neither use the Site nor the Services to invite a Pal to meet in person nor may you receive Services from a Pal outside of the Site or Services.
AloPal is not your agent or the agent of any Pal and will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with Pals or other Users. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree as follows: (i) any legal remedy or liability that you or such third party seek to obtain for the actions or omissions of a Pal, User or other third party will be limited to a claim against such Pal, User or third party who caused you, or such third party, harm; and (ii) you will not attempt to impose liability on, or seek any legal remedy from AloPal with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.
AloPal provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
1 a) your Contributions do not contain any type of confidential or proprietary information;
b) AloPal shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) AloPal shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of AloPal; and
e) AloPal is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
In addition, you hereby:
(f) consent to your name, address and email appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission;
(g) acknowledge and agree that AloPal is not responsible for any loss, damage, or corruption that may occur to your Contribution; and
(h) acknowledge and agree that your Contribution will be non-confidential.
AloPal is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
The use of the Platform enables you to obtain access to health care professionals by video for telemedicine and telehealth consultations. ALL MEDICAL PALS ARE INDEPENDENT OF ALOPAL AND ARE SOLELY RESPONSIBLE FOR THE PROVISION OF HEALTH SERVICES TO YOU. ALOPAL IS NOT LIABLE FOR ANY HEALTH SERVICES PROVIDED TO YOU BY THE PALS. NONE OF THE CONTENT OF THE PLATFORM IS MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION OR WARRANTY REGARDING THE SAFETY, APPROPRIATENESS OR EFFECTIVENESS OF ANY PARTICULAR TREATMENT.
The Platform enables Medical Pals to receive your personal information (“PI”) and personal health information (“PHI”) and to provide medical consultations and Health Services to you. Your use of the Platform neither establishes nor governs your relationship with Pal.
Telemedicine is both the practice of medicine and a way to provide or assist in the provision of patient care at a distance using information and communication technologies (“Telemedicine“). Medical Pals may ask you questions about your personal health history, present condition or symptoms, and any course of treatment or medication that has been prescribed to you. Medical Pals may also conduct a visual examination of you via Telemedicine and may ask you to conduct certain self-assessments such as taking your temperature or blood pressure. Medical Pals provide Support Services that are informational in nature. Medical Pals may collect Information about you when you provide it during a Health Services consultation. Information that will be available to medical Pals includes: the details that you provide in your consultation request; information you’ve entered or uploaded to profiles and medical records; information created during earlier interactions through the Platform with other medical Pals; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered;
The health and support Services provided by medical Pals are not intended to replace your primary care relationship with your family health care professional or other primary care health professional. You should continue to consult your family health care professional or other primary care health professional regularly or as needed or recommended by them, or in case of an emergency.
Mental Health Services
We require every Consultant providing Consulting Services on the Platform to be an accredited, trained, and experienced licensed psychologist, licensed professional counselor or similar applicable recognized professional certification based on their country and/or state. The Pals are independent providers who are neither our employees nor agents nor representatives. The Platform’s role is limited to enabling the Services while the Services themselves are the responsibility of the Pal who provides them. If you feel the Services provided by the Pal do not fit your needs or expectations, you may change to a different Pal who provides services through the Platform.
While we hope the Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE LOCAL EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE SERVICE PROVIDERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL ALOPAL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM AND/OR HEALTH SERVICES AND/OR SUPPORT SERVICES PROVIDED BY MEDICAL PALS. ALOPAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM AND/OR HEALTH SERVICES AND/OR SUPPORT SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR HEALTH SERVICES AND/OR SUPPORT SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY MEDICAL PALS. ALOPAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ALOPAL’S REASONABLE CONTROL. YOU AGREE THAT ALOPAL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE PLATFORM OR THE HEALTH SERVICES AND/OR SUPPORT SERVICES PROVIDED TO YOU BY PALS.
ALOPAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USER OF THE PLATFORM, OR ANY ADVERTISER OR SPONSOR OF THE PLATFORM (COLLECTIVELY, “THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL OWNER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY FASHION WHATSOEVER FROM:
(I) THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY, AND
(II) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS, OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE PLATFORM, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF ALOPAL KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Use Prohibited Where Contrary to Law
Use of this Platform is unauthorized in any jurisdiction where the Platform or any of the Content may violate any laws or regulations. You agree not to access or use the Platform in such jurisdictions. You agree that you are responsible for compliance with all applicable laws and regulations. Any contravention of this provision, or any provision of this Agreement, is entirely at your own risk.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
AloPal will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, AloPal may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The AloPal Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
We encourage members to operate according to their professional ethics and state / federal regulations – particularly in regard to doing counseling within the geographical area they are licensed.
AloPal Directory takes no responsibility for members who do not adhere to all applicable state and federal regulations that apply to their license and or certification, particularly in regard to conducting counseling / therapy sessions across places where they are not licensed. It is understood that members of the AloPal Directory agree to practice only within places where they have a current and active license.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
Parents of anyone under the age of 18 that permit their child or children access to the AloPal website platform Services must be of 18 years of age and as such, the parent or legal guardian of any child or children registered under the account. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify AloPal immediately if you notice any unauthorized access or use of your account or password or any other breach of security. AloPal shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of AloPal Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by AloPal.
Furthermore, you herein agree not to make use of AloPal’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any AloPal officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any AloPal Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United Nations as a “foreign terrorist organization”;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
The following items are strictly prohibited on the site:
Content that discusses illegal activities with the intent to commit them;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
AloPal herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
AloPal herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of AloPal, its visitors, users and members, including the general public.
Unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content.
The member or user herein agrees not to replicate, duplicate, translate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to AloPal.
Privacy and Security
Third Party Content
The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your account, representations, conduct and commitments
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason, unless using the parent’s account with their consent.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the service providers and us.
If you receive any file from us or from a Pal, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
If you have any concerns about a payment, please contact us immediately by sending an email to firstname.lastname@example.org. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including helping you find a new Pal and issuing partial or full refunds when applicable.
Modifications, Termination, Interruption and Disruptions to the Platform
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
Important notes about our Agreement
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
Unless otherwise expressly stated, the texts, exams, video, images, and other instructional materials provided with educational services offered on the Site are for your personal use in connection with those courses, classes, and seminars only.
You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase.
ALOPAL AND THE ALOPAL PARTICIPANTS (AS DEFINED BELOW) DO NOT WARRANT THAT THE ALOPAL SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CLASSES, CONSULTATIONS, AND CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. ALOPAL AND THE ALOPAL PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE ALOPAL SITE, OR THAT ANY PARTICULAR SERVICES WILL CONTINUE TO BE MADE AVAILABLE. “ALOPAL PARTICIPANTS” MEANS THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE ALOPAL SITE, THE SERVICE PROVIDERS, AND THEIR STAFFS.
User Postings Disclaimer.
You understand that when using the AloPal Site you will be exposed to User Postings from a variety of sources and that neither AloPal nor the AloPal Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AloPal or any of the AloPal Participants with respect thereto. Neither AloPal nor any of the AloPal Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither AloPal nor any of the AloPal Participants have any obligation to monitor any User Postings or any other user communications through the AloPal Site.
However, AloPal reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the AloPal Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, AloPal may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
This is the entire Agreement between you AloPal relating to your access and use of the Platform. This Agreement supersedes and invalidates all prior representations, warranties, understandings, and agreements between you and AloPal relating to the subject matter of this Agreement.