TERMS OF USE

Welcome and thank you for the interest in LeanPrep online education platform!

LeanPrep Corporation (“LeanPrep”, “We”, “Company”), which operates the website located at http://leanprep.com and related application programming interfaces, mobile and online service, referred as “Website”, provides this Website on the following terms and conditions to each visitor, regardless of whether the visitor has an account, and whether the visitor’s use of LeanPrep is through a third party, such as a parent, school, etc.

Please, read these Terms of Use (“Terms”) carefully before using the Website, registering for its services or purchasing any of its products. By using this Website, You agree to the Terms.

1. INTRODUCTION.

THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF LEANPREP Corporation’s ("OUR", "WE", "COMPANY" OR "LEANPREP") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, ANY OF THE COMPANY PRODUCTS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING LEANPREP PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”). COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS WEBSITE AND ANY OF THE COMPANY PRODUCTS.

NOTICE: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE

2. PRIVACY

Any personal information submitted in connection with Your use of the Products or the Website is subject to Our Privacy Policy, located at Privacy Policy.

3. GENERAL DISCLAIMER.

The Website is only a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.

We do not control Submitted Content posted on the Website and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

The Website and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Courses or Instructors. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

4. ELIGIBILITY. ACCOUNTS.

4.1. Account.

In order to use certain features of the Website, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username and password (collectively, Your “Account”), and You agree to accept responsibility for all activities that occur under or associated with Your Account. You agree that the information You provide to LeanPrep, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. You also agree, that You will ensure that You exit from Your Account at the end of each use of the Products. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID or password), then You must immediately notify LeanPrep at info@leanprep.com. You may be liable for the losses incurred by LeanPrep or others due to any unauthorized use of Your Website account. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (a) the online conduct of such User; (b) controlling the User's access to and use of the Products; and (c) the consequences of any misuse.

4.2. Users.

The Company Products enable students ("Students") to connect with independent contractor instructors (the "Instructors") who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (the "Courses"). Students and Instructors are, collectively, "Users." The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.

4.3. Instructor.

LeanPrep may make available certain features and tools that permit certain Users (“Instructors”) to work with Students and other Users through the Website in order to provide such Students and other Users with tutorial, educational and other education-related services, and to review and evaluate educational achievement and progress of such students and other Users on free of charge or paid basis.

If You are an Instructor (as defined below), You are also subject to the Instructor terms and conditions (the "Instructor Terms"), which are hereby incorporated by reference into these Terms. If You are an Instructor and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.

4.4. Integrated Service and SNS.

LeanPrep may permit You to register for the Website through, or otherwise associate Your LeanPrep Account with, certain third party social networking or integrated services, such as Facebook Connect and Google (collectively, “Integrated Service”). By registering for the Website using (or otherwise granting access to) an Integrated Service, You agree that LeanPrep may access Your Integrated Service’s account information, and You agree to any and all terms and conditions of the Integrated Service regarding Your use of the Website via the Integrated Service. You agree that any Integrated Service is a Reference Site (as defined below) and You are solely responsible for Your interactions with the Integrated Service as a result of accessing the Website through the Integrated Service. LeanPrep does not control the practices of Integrated Services, and You are advised to read the Privacy Policy and terms and conditions of any Integrated Service that You use to understand their practices.

4.5. Children.

The Site is intended for the use of adults 18 years or older and children over the age of 13. You are not permitted to use the Site if you are under the age of 13. By using the Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the Site or to attempt to contact children under 13 through the Site.

NOTICE: THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY LEANPREP OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN.

5. User Content.

By submitting content, regardless of form or medium, (collectively, “User Content”), You grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by us, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed to in writing. We reserve the right, but not the obligation, to edit, modify and/or remove Your Content without prior notice.

LeanPrep enables You to share some of Your content, such as homework, quizzes, exams, projects, and other assignments You submit, posts You make in the forums, and the like, with LeanPrep, instructors, and/or other users.

You are solely responsible for Your User Content, and You represent that You will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (b) use a false identity or impersonate any other person or use a name that You are not authorized to use; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability or is otherwise inappropriate.

You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

6. Payment and Charges.

6.1. Charges.

Users are solely responsible for all service, telephony, data charges and/or other fees and costs associated with access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You are a Student, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.

6.2. Payment Method.

If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.

7. Changes.

7.1. Terms

LeanPrep reserves the right to, at any time, modify, revise or update the Website and/or these Terms in its sole discretion, and You agree to be bound by such modifications, revisions or updates. For any material changes to the Terms, LeanPrep will make reasonable effort to provide notice to You of such amended Terms, such as by an email notification to the address associated with Your account or by posting a notice on the Website. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between You and the Company that arose prior to the date of such revision. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

The Company may modify the Products or discontinue their availability at any time.

7.2. Course Modifications

LeanPrep reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment, due to unexpected events that may occur.

Participation in or completion of a course does not confer any academic credit. LeanPrep, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

8. Company Content, Licenses & Permissions.

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content."

Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Website and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

9. Refund Policy.

LeanPrep offers Students a three (3) day, no-questions-asked money back guarantee on Courses. If You, as a Student, are unhappy with such a Course and request a refund within three (3) days of the date that You paid for access to that Course, we will provide You with a full refund of the amount You paid. To request a refund, please contact us via help@leanprep.com. Please note that if we believe that You are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate Your account and refuse or restrict any and all current or future use of the Company Products, without any liability to You.

10. Trademarks.

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

11. Warranty Disclaimer.

THE PRODUCTS, WEBSITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RSULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

13. Indemnification.

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

14. Termination.

We may terminate Your use of the Products or Website immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Website from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Website or the Products at any time, either by ceasing to access them, or by contacting us at help@leanprep.com (but if You are an Instructor then Students enrolled in Your Courses prior to termination shall continue to have access to mentioned Courses for the duration of such). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content.

15. Electronic Notices.

By using the Our Products or communicating with Company, You agree that LeanPrep may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Company Products. If we learn of a security system's breach, we may attempt to notify You electronically by sending You an email or by posting a notice on the Website.

16. Instructors Terms and Conditions

16.1. Instructors

LeanPrep’s Instructors are independent contractor instructors (the "Instructors") who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (see 4.2. Users).

We expect You to follow the Terms of Use and Instructor Terms all the time. As an Instructor You are expected to avoid to conduct following actions: (a) use contents that defames other websites, contents or individuals; (b) provide courses or materials that may contain information about or teach illegal activities and ways to commit them; (c) claim any copyrighted material or trademark content under Your name; (d) use pornographic, obscene, indecent or unlawful content.

16.2. Regulations.

As an instructor at LeanPrep, You are bound to certain rules and regulations.

  • -You are subjected to LeanPrep’s approval to publish Your course on our platform, which may or may not grant at our discretion.
  • -All Your course content should have necessary licenses, copyrights, permissions, and authority to authorize LeanPrep to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote and market.
  • -You may or may not be a professional trainer, but You need to have the knowledge on the subject matter, skill set to train at LeanPrep.
  • -You cannot upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the courses or to learners.
  • -You cannot use the Products for any business other than for providing tutoring, teaching and instructional services to the learners on our site.
  • -You cannot be engaged in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
  • -You shall respond within 72 hours to learners seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general.

16.3. Pricing for Paid Courses.

LeanPrep will be solely responsible for determining the price for paid courses.

When the Sale Currency is different than the Base Currency, the Company will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor.

16.3.1. Refund Policy.

You, as an Instructor, acknowledge and agree that Students have the right to receive a refund in compliance with LeanPrep Refund Policy. Neither Instructors nor Company shall receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a Student requests a refund for a Course after LeanPrep has sent an Instructor payment for that Course, LeanPrep reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts refunded to Students for Instructor's Course to the extent no additional payments are due from LeanPrep to Instructor or such payments due Instructor are insufficient to cover the amounts refunded to Students

LeanPrep is always open to any comments and suggestions to improve our Privacy Policy and Terms of Use. You may also, contact us, if you have any questions regarding the matter of these documents. E-mail: help@leanprep.com