Ilumina Tech Terms of Use

Last update: May 1, 2019

Any versions of these Terms of Use in a language other than English are provided for convenience only. If there are any conflicts between versions, the English language will govern.

These Terms of Use (“Terms”) constitute a legal agreement between You, the company you represent (collectively “You“, “Your“) and Ilumina Tech, Inc. (“We,” “Us,” “Our,” “Ilumina Tech”).  The Terms governs Your use of Ilumina Tech’ mobile applications (“Application”), websites (“Sites”), supporting Materials, as defined below, and learning services (collectively our “Platform“).

Our Platform enables clients (“Clients“) to find and interact with Team Members (“Team Members“). Team Members provide communications, materials (“Materials”) and live, online or in-person, lessons, tutoring, mentoring and related learning services (“Courses“) through Our Platform.

By registering, accessing or using the Platform, you acknowledge that you have had the opportunity to review this agreement and agree to be bound by its Terms and Ilumina Tech’s Privacy Policy. If you do not agree to these terms and conditions, you are not permitted to access or use the Platform.

If You wish to teach via the Platform, please contact us about entering into a teacher agreement.

 

General

Ilumina Tech may modify the Platform or discontinue its availability at any time, with or without notice.

You are responsible for all fees such as telephony, data charges and/or other fees and costs associated with Your access and use of the Platform.  You are also responsible for securing and maintaining all equipment required to access and use the Platform.

All of Your use and access of Our Platform must be in compliance with all applicable laws and regulations.  You are prohibited from accessing  Our Platform from territories where such access is illegal.  If You access or use Our Platform from locations outside of the United States You agree that You are responsible for compliance with all local laws and regulations.

 

Disclaimer

The Platform is provided only as a means to connect Team Members and Clients. Team Members are not employees of Ilumina Tech and We are not responsible nor liable for any interactions between the Team Members and the Clients. We are not responsible for any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the interaction between Team Members or Clients or their conduct.

We do not control the content posted to Our Platform and, therefore, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such content.  By using the Platform, You may be exposed to content that You may consider offensive, indecent, or objectionable. We do not take any responsibility for such content.

The Platform may give You access to links to third party platforms (“Third Party Platforms“). We do not endorse, control, or take responsibility for any of these Third Party Platforms. You are entirely responsible for accessing these Third Party Platforms and Ilumina Tech assumes no liability for such platforms.

 

Use of Our Platform

You may only access Our Platform for lawful purposes. You are entirely responsible for complying with any and all laws and regulations pertaining to Your use of the Platform. You agree not to use the Platform or any of its content to solicit Team Members or Clients for the purpose of convincing them to use a competing platform. You assume any and all risks from any meetings or contact between You and any Team Members or Clients.

 

Your Obligations

You represent and warrant that:

  • You are over the age of 18, or if You are under the age of 18, You will only use the Platform with the approval of a parent or legal guardian. Children under the age of 13 may not use Our Platform;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content;
  • You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of the Platform;
  • You will not gain unauthorized access to another person’s Account or impersonate another person.

 

License and Restrictions on Use

Subject to these Terms, we grant to you a non-exclusive, non-transferable license to access and use the Platform strictly in accordance with these Terms. You acknowledge and agree that these Terms are between You and Ilumina Tech. Issues with the performance of the Platform may be directed to us at the contact information at the end of the document.

You may not, and may not knowingly allow any third party to, (i) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Materials or Courses without our prior written consent, or (ii) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Platform.

We reserve the right to terminate or suspend Your account or ability to use or access the Platform or any portion thereof for any reason whatsoever.

 

Accounts and Registrations

The Platform requires You to provide personal information in order to access and/or use certain features, or functions. You agree to provide Us with accurate and complete information. Please read our Privacy Policy which describes the personal and transaction information We collect, use, manage, disclose and store. Any information provided on the Platform is for Your personal use only. You may not allow any other person or entity to use Your user name or password. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of Your account information, including Your user name or password or any other account information stored in Your account.

 

Ownership of Intellectual Property

The contents of the Platform, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Platform, and all trademarks, service marks, and trade names (collectively the “IP”) are the property of Ilumina Tech or its subsidiaries, licensors (including Team Members), affiliates, assigns, or other respective owners. The IP is protected under patent, trademark and copyright laws, and the copying, redistribution, use or publication by you of the IP or any part of the Platform, except as described herein, is strictly prohibited.

 

DMCA

Ilumina Tech respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Ilumina Tech will respond promptly to claims of copyright infringement committed using the Platform if such claims are reported to Ilumina Tech.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to Us. receipt of Notice as described below, Ilumina Tech will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and email address.
  4. Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.
  2. Deliver this Notice, with all items completed, to:

Ilumina Tech DMCA Agent

3422 Old Capitol Trail, Suite 700

Wilmington, DE 19808, US

Email: info@ilumina.tech.

 

Fees 

You agree to pay for all fees and taxes associated with accessing or using our Platform.  If You make a purchase via credit card or another method of payment, You hereby represent and warrant that You are authorized to use the credit card or other method of payment and hereby authorize Ilumina Tech to charge such credit card or method of payment.

We may use other collection mechanisms to collect any fees owed to Us, including charging other methods of payment on file with Us and/or retaining collection agencies and legal counsel. We reserve the right to block Your access to the Platform if You have outstanding fees due to Ilumina Tech.

 

Refunds

We offer a thirty (30)-day money back guarantee on Our Courses.  To claim a refund contact Us via the information provided at the end of this document.  We reserve the right to terminate Your account if We believe, at our own discretion, that You are abusing Our refund policy.

 

Errors, Corrections and Changes

We do not represent or warrant that access to and use of the Platform will be uninterrupted, or error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Platform will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Platform at any time. In no event shall Ilumina Tech be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the operation of or Your use of the Platform, for any damage arising in connection therewith, or for any results obtained from the use of the Platform.

 

System Outages

Ilumina Tech periodically schedules system downtime for maintenance and for other purposes. Unplanned system outages may also occur. You agree that Ilumina Tech is not responsible and is not liable for: (a) the unavailability of the Platform including those available on Third Party Platforms; (b) any loss of Materials, data, transactions or any other information or Materials caused by such system outages; (c) any resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or Materials caused by such system outages.

 

No Warranty

THE PLATFORM, MATERIALS, AND COURSES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. YOUR USE, ACCESS, OR BROWSING OF OUR PLATFORM IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, COURSES, AND MATERIALS FROM, IN OR THROUGH THE PLATFORM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

 

Limitation of Liability

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ILUMINA TECH AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ILUMINA TECH AND YOU. THE PLATFORM AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

OUR AGGREGATE LIABILITY AND THE LIABILITY OF OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR ANY OF OUR AFFILIATED PARTIES.

 

Indemnification

You shall defend and indemnify and hold harmless Ilumina Tech and its directors, officers, and employees, and agents, stockholders, affiliates, and third party providers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs) which arise out of, relate to or result from any act or omission, negligence or non-performance of Team Members or third party providers, or Your breach of any representation or warranty hereunder.

 

Governing Law

This Agreement shall be governed by the laws of the state of Delaware, in the United States, without giving effect to principles of conflicts of law.

 

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration under the rules of the American Arbitration Association in the city of Wilmington, Delaware or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

 

Modifications

We reserve the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Sites. Please review the Terms of Use periodically. Your continued use of the Platform following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

 

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Misc. Terms

You agree that Ilumina Tech is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution.

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Ilumina Tech to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with Ilumina Tech must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

If you attempt to bring any legal action against Ilumina Tech based in any way on its Platform you agree that, in the event you do not prevail or Ilumina Tech does prevail, you will reimburse Ilumina Tech  for any costs and attorneys’ fees associated with its defense of the action.

Ilumina Tech may assign or delegate these Terms and/or Ilumina Tech ’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Ilumina Tech ’s prior written consent, and any unauthorized assignment and delegation by you is void.

Entire Agreement

These Terms of Use, together with Privacy Policy, are the entire agreement between You and Ilumina Tech relating to Your use of Our Platform.

 

Contact Information

You may contact Ilumina Tech at:

Ilumina Tech, Inc.

info@ilumina.tech