TakeAClass Media Group (dba TakeAClass) Terms of Service
Last Updated: April 1, 2024
TakeAClass Media Group, operating under the trade name TakeAClass, provides an innovative online platform connecting Users with local learning opportunities such as classes, lessons, and camps. Our Marketplace also serves as a platform for businesses to showcase their instructional and educational courses and classes, collectively referred to as “Services.” Our “Users,” including both Consumers and Businesses, can access our platform through our website, www.takeaclass.com (referred to as the “Site”), along with any associated sites or applications, collectively constituting the “Marketplace.”
Before proceeding, we kindly ask all Users, whether Consumers or Businesses utilizing the Site, to carefully review the following terms of service (“Terms”), as well as our Privacy Policy and Copyright & IP Policy, both integral components of these Terms. These terms apply to all Users and govern their interactions with the Site.
Changes to the Marketplace and the Terms
TakeAClass reserves the right to modify or terminate portions of the Marketplace or these Terms at our discretion, with or without prior notice. Continued use of the Marketplace after changes indicates acceptance of the modified Terms.
Accounts
To access specific features of the Marketplace, Users may be required to register and create an account (“Account”). Consumers must be at least 18 years old or have parental/guardian consent, while Businesses must provide accurate registration information. Users are responsible for maintaining accurate Account information and security, and any unauthorized Account use must be reported immediately.
Privacy and Personal Information
User privacy is a priority for us. Our Privacy Policy outlines how personal information is collected and used.
Content on the Marketplace
- Your License: Users (CONSUMERS & BUSINESSES) are granted a limited, non-transferable license to access and use Marketplace content for personal, non-commercial purposes.
- Your Content: Users grant TakeAClass a license to use any content they submit to the Marketplace.
- Links & Third-Party Information: The Marketplace may contain links to third-party websites. TakeAClass is not responsible for the accuracy or availability of third-party content.
Feedback
Users may provide feedback to enhance the Marketplace, with such feedback becoming the property of TakeAClass upon submission.
Copyright & IP Policy
Respecting intellectual property rights is essential to us. Users must comply with copyright and IP policies. Copyright and IP Policy
All Rights Reserved
TakeAClass and its licensors own all Marketplace content and associated intellectual property rights.
Rules of Acceptable Use
Users must adhere to specified rules, including limitations on Account creation, prohibited conduct, and content submission guidelines.
Using the Marketplace
- Services: TakeAClass facilitates course promotion and booking but is not a service provider and is not responsible for services offered by Businesses listed in our Marketplace.
- Disputes: Users are responsible for resolving disputes directly with other parties, although TakeAClass may assist but is not obligated to mediate disputes.
- Fees: Registration for the Marketplace is free, but fees may apply for certain services, subject to change with notice.
Termination
Users can terminate their Account at any time. TakeAClass reserves the right to suspend or terminate Accounts for violations of the Terms. Upon Account termination, Users must cease using the Services, and TakeAClass may delete Account information and User content.
DISCLAIMER OF WARRANTIES
The Marketplace serves as a platform for interactions between Businesses and Consumers, providing information about services offered by third-party businesses. While we strive for accuracy and enforce our Rules of Acceptable Use, we cannot guarantee the existence, quality, safety, or legality of any services offered. We also do not warrant the truth or accuracy of user information or the performance of third-party websites, products, or services.
THE MARKETPLACE AND ALL CONTENT AND THIRD-PARTY BUSINESS SERVICES AVAILABLE THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, INCLUDING ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR THE USAGE OF TRADE. TAKEACLASS MAKES NO WARRANTY THAT ANY PART OF THE MARKETPLACE OR THIRD-PARTY BUSINESS SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MARKETPLACE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USERS OR THEIR CONDUCT. BY AGREEING TO OUR TERMS, YOU RELEASE US FROM ANY CLAIMS AND DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH INTERACTIONS.
LIMITED LIABILITY IN NO EVENT WILL TAKEACLASS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE MARKETPLACE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF THE UNDISPUTED AMOUNTS PAID TO US OR ONE HUNDRED DOLLARS.
WE DISCLAIM LIABILITY FOR FAILURES CAUSED BY EVENTS BEYOND OUR CONTROL, EXCEPT FOR PAYMENT OBLIGATIONS.
INDEMNIFICATION OF TAKEACLASS
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD TAKEACLASS HARMLESS FROM ANY CLAIMS, LOSSES, AND EXPENSES ARISING FROM YOUR USE OF THE MARKETPLACE, INCLUDING BUT NOT LIMITED TO YOUR BREACH OF THESE TERMS OR YOUR INTERACTIONS WITH OTHER USERS.
DISPUTES RESOLUTION
IF YOU HAVE A DISPUTE WITH US, YOU AGREE TO ATTEMPT INFORMAL RESOLUTION. IF UNABLE TO RESOLVE INFORMALLY, THE DISPUTE WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT FOR INJUNCTIVE RELIEF OR SMALL CLAIMS. YOU WAIVE THE RIGHT TO A JURY TRIAL OR CLASS ACTION.
GOVERNING LAW & JURISDICTION
THESE TERMS ARE GOVERNED BY TEXAS LAW. YOU CONSENT TO THE JURISDICTION AND VENUE OF TEXAS COURTS, EXCEPT FOR INJUNCTIVE RELIEF.
COMPLETE AND ENTIRE AGREEMENT
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN TAKEACLASS AND YOU, SUPERSEDING ANY PRIOR AGREEMENTS.