Dianoia LLC operating as E-Dianoia (“E-Dianoia “, “our”, “us” or “we”) provides an online platform known as E-Dianoia that connects tutors with individuals seeking tutoring services (each a “User”) and other services related thereto (collectively, the “Services”) through our website, accessible at https://e-dianoia.com/ (the “Site”). The Services include the ability for Users and Tutors (each as defined below) to interact via E-Dianoia platform’s interface or other methods as may be made available by E-Dianoia from time to time.
These Terms of Service govern your access to and use of the Site, the Services and the Collective Content (as hereinafter defined).
As a User, your use of the Services is governed by the terms and conditions set forth herein together with E-Dianoia’s applicable policies.
THE SITE AND SERVICES COMPRISE AN ONLINE MARKETPLACE WHICH FACILITATES THE CONNECTION BETWEEN USERS AND TUTORS FEATURED ON THE SITE AND VIA THE SERVICES. E-DIANOIA CHARGES A FEE BASED ON A PERCENTAGE OF THE FEES EARNED BY A TUTOR WHEN HE OR SHE PROVIDES TUTORING SERVICES TO A USER(S). YOU UNDERSTAND AND AGREE THAT E-DIANOIA IS NEITHER A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A USER AND A TUTOR NOR DOES E-DIANOIA HAVE ANY CONTROL OVER THE TUTORING SERVICES OR THE CONDUCT OF TUTORS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, TUTORS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TUTORING SERVICES PROVIDED BY TUTORS ARE DONE AT THE PARTIES’ SOLE RISK.
The Services made available through the Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By creating an Account, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. E-Dianoia may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Users under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a teacher, parent or legal guardian who is at least 18 years of age. In all such cases, such teacher, parent or guardian is the User, and is responsible for any and all E-Dianoia Account activities.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR YOUR E-DIANOIA ACCOUNT, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR TUTORING SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept or agree to these Terms of Service on behalf of a corporation or other legal entity, you represent and warrant that you have the authority to bind that corporation or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that corporation or other legal entity.
You acknowledge and agree that:
(a) that the Site and Services are intended only to facilitate the provision of Tutoring Services via our online platform and its video and text chat and document collaboration interface;
(b) E-Dianoia is not a provider of tutoring services;
(c) E-Dianoia’s role is solely to facilitate the availability of the Site and Services to Tutors and Users through the marketplace created by the Site and Services; and
(d) E-Dianoia is not a contracting agent or representative of any Tutor. Tutors are independent contractors and are not employees or agents of E-Dianoia.
(a) You can register to join the Service as a User by registering an account with TutorCrunch through E-Dianoia.
(b) You may also register to join the Service as 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.
(b) When you register with E-Dianoia and set up your Account, you: (i) agree to provide E-Dianoia with accurate and complete information; (ii) agree to promptly update your Account information with any new information that may affect the operation of your Account; and (iii) authorize E-Dianoia, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
(c) You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account, whether or not you have authorized such activities or actions. You will immediately notify E-Dianoia of any unauthorized use of your username, password or Account.
(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.
Unless you pre-purchase a User Plan, you will automatically engage in any Tutoring Sessions pursuant to a Pay As You Go Plan and the credit card linked to your Account will be charged in accordance with the then current Pay As You Go hourly rates, provided that the minimum charge for any Tutoring Session is five (5) Lessons.
By purchasing a User Plan, you acknowledge that you are pre-purchasing a student plan, which may be used towards Tutor Sessions and that all Tutor Sessions that extend beyond the student plan remaining on your Account will be charged to the credit card linked to your account at the hourly rate applicable to a Pay As You Go Plan unless you pre-purchase another User Plan or you elect to automatically renew your User Plan upon its expiry. If you elect to automatically renew your User Plan, the credit card linked to your Account will be charged for the then current price of the same User Plan immediately upon the expiry of your prior student plan. You acknowledge that such renewal will continue as a recurring payment feature and you accept responsibility for all such recurring charges until you cancel the automatic renewal feature. To cancel the automatic renewal feature of your User Plan at any time, you must logon to your Account and follow the cancellation procedures or call or email us and we will do it for you.
If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge. Once purchased, User Plans are not eligible for a refund. All student plans purchased pursuant to a User Plan expire after one (1) year from the date of purchase. E-Dianoia may submit additional charges to the credit card linked to your Account (including per minute charges at the hourly rate applicable to a Pay As You Go Plan for Tutoring Sessions that exceed your User Credit as detailed herein) without further authorization from you.
The credit card information provided by you and linked to your account is kept by Stripe. E-Dianoia will charge the credit card linked to your Account for the amount applicable to your chosen User Plan and/or on an ongoing basis pursuant to a Pay As You Go Plan or in such other amount as you and we may later agree.
Prices for your chosen User Plan may be changed at any time and each renewal of your User Plan will be at the price that you were originally charged for that User Plan when you initially subscribed unless otherwise stated or there is a change in the price of your User Plan. You will receive reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice in your Account on the Site or other E-Dianoia communications with you.
If a User Plan renewal transaction is not honored for any reason, E-Dianoia: (i) will charge you a fee for the failed transaction; and/or (ii) may suspend or end your chosen Account until confirmation, satisfactory to E-Dianoia, has been received that the credit card attached to your Account has been restored to good status.
Tutoring Fees are paid in advance. The payment of Tutoring Fees is subject to our Cancellation Policy. Payments are made through a third party credit card processing company.
If you cancel a Tutoring Session, you shall not be entitled to a refund; provided, however that if you purchase more than five (5) Tutoring Sessions, you may cancel a Tutoring Session upon 24 hours’ notice and reschedule that Tutoring Session within three (3) months of the originally scheduled Tutoring Session or receive a 90% refund.
You acknowledge and agree that you have reviewed, acknowledge and agree to the E-Dianoia Privacy Policy, which is available at which policy governs E-Dianoia’s collection and use of your “personal information” (as defined in the E-Dianoia Privacy Policy and/or applicable law).
As a User you acknowledge and agree to the following:
(a) E-Dianoia acts as a technology service that facilitates the provision of Tutoring Services by Tutors to Users through an online marketplace. E-Dianoia does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Tutor’s Tutoring Services, and E-Dianoia will not be held responsible for any Tutor’s failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, E-Dianoia is not responsible for the use or exchange of any information, files or goods between Tutors and Users. Further, E-Dianoia 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 Tutors or Users, including, without limitation, the Tutoring Services provided or other information made available through the Site and Services.
(b) Users are solely responsible for their interactions with Tutors. The User understands that while E-Dianoia professionally screens all Tutors for the purposes of confirming identification, one (1) academic credential, teaching licensure (the “Background Checks”) and endeavors to provide Users with a reliable, safe and secure online environment, E-Dianoia cannot guarantee the accuracy of the Background Checks and the use of the Site by Users and the receipt of Tutor Services is at the risk and discretion of each User and the User agrees to take reasonable precautions in all interactions with Tutors by way of the exercise of caution, discretion, common sense and judgment in, using the Site or receiving Tutoring Services and disclosing information, including any personal information to Tutors, the provision of which is not required by the Site or the Tutoring Services.
(c) E-Dianoia reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with E-Dianoia’s rules and policies and these Terms of Service. If you believe that a Tutor or another User has violated the law or is defrauding, threatening or otherwise endangering anyone, E-Dianoia urges you to immediately contact the police directly for assistance.
(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 Tutoring Services.
(f) You will not use the Site or Services in any manner that harasses a Tutor or another User or could otherwise interfere with any other party’s use or enjoyment of the Site, Services or Tutoring Services. You will respect the privacy of other Users and will not use the Site, Services or Tutoring Services for unwelcome, rude or abusive communications or in any other disrespectful or detrimental manner, as determined by E-Dianoia in its sole discretion.
(g) You will neither use the Site nor the Services to invite a Tutor to meet in person nor may you receive Tutoring Services from a Tutor outside of the Site or Services.
E-Dianoia does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors with whom you interact as a result of your use, or use by any third party, of the Site and Services. E-Dianoia is not your agent or the agent of any Tutor and will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with Tutors 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 Tutor, User or other third party will be limited to a claim against such Tutor, 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 E-Dianoia 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.
The Company name, the terms Diaonia and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Subject to your compliance with the terms and conditions of these Terms of Service, E-Dianoia grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print E-Dianoia Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download User Contributions to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by E-Dianoia or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You understand and agree that receiving Tutor Services may require use of a third-party website or service (each a “Third Party Service”). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to receive any Tutor Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. E-Dianoia will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
You agree not to:
(a) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
(b) use, display, mirror or frame the Site, or any individual element within the Site or Services, E-Dianoia’s name, any E-Dianoia’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without E-Dianoia’s express written consent;
(c) access, tamper with, or use non-public areas of the Site, E-Dianoia’s computer systems, or the technical delivery systems of E-Dianoia’s providers;
(d) attempt to probe, scan, or test the vulnerability of any E-Dianoia system or network or breach any security or authentication measures;
(e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by E-Dianoia or any of E-Dianoia’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
(f) attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by E-Dianoia or other generally available third party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) use any meta tags or other hidden text or metadata utilizing a E-Dianoia trademark, logo URL or product name without E-Dianoia’s express written consent;
(i) use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
(j) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
(l) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
(m) collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
(n) impersonate or misrepresent your affiliation with any person or entity;
(o) violate any applicable law or regulation; or
(p) encourage or enable any other individual to do any of the foregoing.
E-Dianoia has the right to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. E-Dianoia may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. You acknowledge that E-Dianoia has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. E-Dianoia reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that E-Dianoia, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Services.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
E-Dianoia reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
If you breach any of these Terms of Service, E-Dianoia will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. E-Dianoia reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event E-Dianoia terminates these Terms of Service for your breach you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to info@e-dianoia.com.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. E-DIANOIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. E-DIANOIA DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.
YOU ACKNOWLEDGE AND AGREE THAT: (A) E-DIANOIA DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) E-DIANOIA WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM E-DIANOIA OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT E-DIANOIA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS AND OTHER USERS OF THE SITE OR SERVICES. E-DIANOIA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER E-DIANOIA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT E-DIANOIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL E-DIANOIA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNT OF ALL AMOUNTS YOU HAVE PAID IN CONNECTION WITH YOUR RECEIPT OF TUTOR SERVICES VIA THE SITE AND SERVICES DURING THE IMMEDIATELY PRECEDING 12-MONTH PERIOD, OR FIVE HUNDRED DOLLARS (CAD$500.00) (WHICHEVER IS LESS). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN E-DIANOIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of E-Dianoia used herein are trademarks or registered trademarks of E-Dianoia. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms of Service and any action related thereto shall be governed by and construed in accordance with the internal laws of the State of Maryland, without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland other any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in Baltimore County of, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between E-Dianoia and you regarding the Site, Services and Collective Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between E-Dianoia and you regarding the Site, Services and Collective Content.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by E-Dianoia via email (in each case to the e-mail address that you provide to us in establishing an Account, as you may amend from time to time); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Notwithstanding the provisions of the “Modification” section above, if E-Dianoia changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these User Terms of Service), you may reject any such change by sending us written notice (including by email to info@e-dianoia.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of E-Dianoia’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and E-Dianoia in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Το e-dianoia είναι τέλειος βοηθός για όλες τις τάξεις τις πρωτοβάθμιας και δευτεροβάθμιας εκπαίδευσης αλλά και για όσους ενδιαφέρονται να ανακαλύψουν ένα νέο χόμπι.
E-dianoia is a perfect assistant for all primary and secondary school classes and for those interested in discovering a new hobby.
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