Terms of Use - User Licensing Agreement
1. Introduction
The Lunch Box School web site, hereafter referred to as Lunch Box, (the "Site"), the software available for download from the Site (the "Software"), and the educational services made available on or through the Site and the Software (the "Services"), are owned, operated, and maintained, as applicable, by Bite Size Learning, LLC. ("we", "our", "us", or the "Company"). The Site, Services, and Software are, collectively, the "Company Products". By (a) using or accessing the Company Products, including, but not limited to downloading, accessing, installing or using the Software; (b) offering a Course through the Site or the Software; or (c) paying for someone else to use or access the Company Products, you agree to the terms and conditions set forth in these Terms of Use (the "Terms").  
IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE COMPANY. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
THESE TERMS, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
For the purposes of this agreement, "you" means a parent who pays for access to the Company Products as well as the student, Instructor (as defined below), or other User (as defined below) who accesses or uses the Company Products. If you are a parent, guardian, or other person who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by you only if you are 13 years of age or older.
If you are using or opening an account to use the Company Products on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
2. Privacy
Any personal information submitted in connection with your use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms. Please review our Privacy Policy to understand our practices.
3. General
The Company Products enable students, parents, schools and Subscribing Entities (collectively, "Users") 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"). The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
You understand and agree that these Terms are entered into in consideration of your use of the Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Changes to these Terms. Company reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised 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.
Evolving Nature of Services. The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products. However, we do want to hear from our Users so do not hesitate to send us an e-mail at support@lunchboxschool.com to let us know what you think.
Electronic Notices. By using the Company Products or communicating with us, you agree that we 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 posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@lunchboxschool.com.

4. Use by Children
Company collects limited personal information from minor students, but only where that student's school, district, and/or teacher has contracted with Company to collect personal information from students for the use and benefit of the learning environment. Company requires schools, districts, and/or teachers to obtain parental consent from students' parents before collecting any such personal information. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a student may have provided us personal information beyond what is requested when signing up for the Website, or that a student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at support@lunchboxschool.com.
5. Additional Terms
For information regarding Company's treatment of personally identifiable information, review Company's current Privacy Policy at http://lunchboxschool.com/legal/privacy, which is hereby incorporated into this Agreement by reference.
b.     If you are a student, the following terms also apply to you:
(i) Remember, you must get your parent or guardian to read this Agreement before using the Website.
(ii) You will only register for and access the Services as a student registrant, and not as a teacher, school, district, parent, publisher, or any other category of user, whether offered by Company now or in the future.
(iii) You will only access the Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not directly receive from your own teacher.
c.     If you are accessing the Services on behalf of a school or district, the following terms also apply to you:
(i) You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. You must obtain advance written consent ("Consent") from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy http://lunchboxschool.com/legal/privacy . You must keep signed Consents on file and provide them to Company upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
(ii) You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Company immediately.
(iii) On all school computers that are accessible to students, you will redirect the domain "lunchboxschool.com" to the unique Company domain that has been assigned to your school or district.
d.    If you are accessing the Services as a teacher, the following terms also apply to you:
(i) You represent and warrant that you have permission from your school and/or district to enter into this Agreement and to use the Services as part of your curriculum. You further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have authority to bind your school and/or district to the terms of this Agreement.
(ii) You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13. You must obtain Consent from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy http://lunchboxschool.com/legal/privacy. You must keep signed Consents on file and provide them to Company upon our request. For more information on COPPA, please see www.ftc.gov/privacy.
e.     If you are accessing the Services as a publisher, the following terms also apply to you:
(i) You understand that the content you contribute to the Services as a publisher will be considered a User Submission under Section 4 of this Agreement.
(ii) Company will provide you with a "Partner Page" on the Website where you may post all your User Submissions.
If you are accessing the Services as a parent, the following terms also apply to you:
(i) You will only use the parent code(s) provided to you by your child or children's teacher(s). You agree not to use any access code to access the account or information about anyone other than the child for whom the access code was provided.
(ii) You understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on behalf of your child or children who use the Website. Children under 18 must not use the Website, however, until after a parent has accepted this Agreement on their behalf.
6. Connectivity Costs and Equipment
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Company Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
7. Instructor Fees and Taxes
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. 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 Company Products pending resolution of any amounts due by you to Company.
8. General Disclaimer
The Site is only a marketplace of Instructors and Users. 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 Users, including, but not limited to, any User's reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Site 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 Site you may be exposed to Submitted Content that is offensive, indecent, or objectionable. You hereby agree to hold Company harmless from and against any and all claims that you may have arising out of your access or use of any Submitted Content.
The Company Products are controlled and operated by Company from its offices in the State of Michigan, United States of America. Company makes no representation that materials made available through Company Products are appropriate or available for use in other locations. Those who choose to access or use the Company Products from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or penalized is strictly prohibited.
9. Conduct
You may only access the Company Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Company Products. You agree not to use the Company Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of Company Products. You should be careful before meeting any Instructor or other User in person and should only do so in public. Remember to always be safe.
10. Specific Obligations of Instructors
If you are an Instructor registering for use of the Site, then you hereby agree that:
You have read and agree to abide by the pricing information (see the Pricing section below) before using the Company Products;
You are fully responsible for all of the content you provide in, through, or arising out of your use of the Company Products, and for the accuracy of same. In connection with the content you provide, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Company, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit such content on and through Company Products in the manner contemplated by these Terms, and to promote the availability of your content on and through the Site and the Software in any and all media, whether now known or hereafter created;
You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you mention, and that the credentials you post on and through the Site are accurate, truthful, complete, and not misleading;
You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
You will not 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 Company Products or to Users;
You will not use Company Products for any business other than for providing tutoring, teaching and instructional services to Users of the Site;
You will not engage 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 will not copy, modify or distribute Company Content from our Site, including trademarks and copyrights;
You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
You will keep Your Data (as defined below) up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service provided to students, parents and other Users of the Site;
If you are under the age of 18, but are qualified to be an Instructor, you will obtain parental or legal guardian permission as and when needed, and before registering with the Site; and
If you are in a state or locale where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Company Products as an Instructor until such license, consent, authorization or permission is obtained.
11. Specific Obligations of Users using the Site
As a User in search of or engaging Instructors, you agree that:
You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or registering for a Course.
You also agree that you will not do any of the following on or through the Company Products:
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);
post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
manipulate or interfere with the Company Products;
reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of the Instructor who authored such Submitted Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to an Instructor as part of a Course;
disclose any information to an Instructor that could be considered personally identifiable information including, but not limited to, your full name, address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and
solicit personal information from any Instructor, and agree that if any Instructor ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us in writing to support@lunchboxschool.com.
12. Registration and Identity Protection
To use certain Company Products, 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, the "Account") and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each Course. 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. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
All Instructors are subject to our approval, which we may grant or deny in our sole discretion. If you wish to become an Instructor and offer Courses through the Company Products, please visit http://www.lunchboxschool.com/teach, for more information.
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 (i) the online conduct of such User; (ii) controlling the User's access to and use of the Services; and (iii) the consequences of any misuse.
For additional information on how we use your information, please see our Privacy Policy.
13. Accuracy of Account Information
In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then 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.
14. User and Instructor Submitted Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the "Submitted Content") will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Services at any time, with such removal terminating the grant of rights to Lunch Box School in Section 15(a) below with respect to such Submitted Content within 60 business days of such removal (the "Submitted Content Effective Termination Date"), but such removal shall not terminate the grant of rights given to any Users who paid any required fees to access or use any removed Submitted Content prior to the Submitted Content Effective Termination Date. For the avoidance of doubt, removal of some, but not all, Submitted Content shall serve as a termination with respect only to such removed Submitted Content but not any other Submitted Content.
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Company Products. We reserve the right to review the Courses for any purpose.
15. Licensing Submitted Content
License of Submitted Content to Lunch Box. While you retain any and all rights in any Submitted Content you make available through the Company Products, we need certain rights to the Submitted Content in order to offer the Services. By uploading or otherwise making available any Submitted Content, you hereby grant to Lunch Boxl, solely for the purposes of offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content (either directly or through third party distributors), and to operate the Services, but not for any other purposes, a non-exclusive, world-wide, transferable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, communicate to the public, reproduce, edit, modify, create derivative works, and otherwise use and exploit your Submitted Content (or any portion or derivative works thereof) through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in and to your Submitted Content; provided, however, that you may not directly license a User who acquires or accesses your Submitted Content through the Services.
Right to Sublicense Submitted Content to Users. The license grant to Lunch Box set forth in Section 15(a) above includes the right to grant Users who pay any fees required to access or use your Submitted Content (either directly or through third party distributors) a perpetual, irrevocable sublicense to reproduce your Submitted Content on personal devices (e.g., computer hard drives and mobile devices) and to use and exploit your Submitted Content solely for personal uses as set forth in these Terms.
Right to Sublicense Submitted Content to Third Party Distributors. The license grant to Lunch Box set forth in Section 15(a) above includes the right to distribute your Submitted Content through multiple tiers of sublicensees and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate, and sell your Submitted Content to Users, but does not include the right to edit your Submitted Content.
License to Users. Lunch Box hereby grants you (as a User) a limited, perpetual, irrevocable, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, on your personal devices (e.g., personal computers and mobile devices), solely for your personal, non-commercial, educational purposes and not for any other purposes. All other uses are expressly prohibited absent our express written consent. For the avoidance of doubt, 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.
Waiver of Personality Rights. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submitted Content, or any portion thereof, solely as authorized in these Terms but not for any other purpose, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling your Submitted Content, or any advertising or publicity relating thereto.
Submitted Content Representations and Warranties. 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 your or any other party as a result of any use or exploitation of your Submitted Content as authorized in these Terms.
16. Removal of Submitted Content by Us
You acknowledge that we may screen Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Submitted Content, including terminating Courses, from the Services without any liability to you. Without limiting the foregoing, we have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve Submitted Content and may disclose Submitted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Submitted Content violates the rights of third parties or protect our rights, property or personal safety or that of our Users and the public.
17. Copyright
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the "Company Content") are the proprietary property of Company and its affiliated and/or third party providers and suppliers (the "Third Parties") and are protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
18. Other Prohibited Uses
In using the Company Products, you further agree not to:
Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Submitted Content;
Upload or otherwise transmit to or through the Services any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Company Products or computers of any kind;
Create a false identify or impersonate another person or entity in any way;
Restrict, discourage or inhibit any person from using the Company Products, disclose personal information about a third person on or through Company Products or obtained from Company Products without the consent of such person or collect information about Users of the Company Products;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Company Products or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Company Products, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Company;
Gain unauthorized access to the Services, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
Reproduce, distribute, publicly display, publicly perform, communicate to the public, sell, trade, resell or exploit any portion of the Company Products, use of the Company Products, access to the Company Products or content obtained through the Company Products, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without Company's express written consent:
framing, embedding and/or passing off Submitted Content obtained from the Company Products in such a manner as to present them as originating from a source other than the Company Products;
copying, caching or reformatting any Submitted Content for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Company Products to alternative delivery formats;
altering, defacing, mutilating or otherwise bypassing any approved software through which the Company Products are made available; and
using any trademarks, service marks, design marks, logos, photographs or other content belonging to Company or obtained from the Company Products.
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Company Products or communications equipment and computers connected to the Company Products;
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Company Products, features that prevent or restrict the use or copying of any part of the Company Products or any content accessible on or through Company Products, or features that enforce limitations on the use of the Company Products or any content accessible on or through Company Products;
Use any scraper, spider, robot or other automated means of any kind to access the Company Products, except and solely to the extent permitted by these Terms and the features of the Company Products, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or Services;
Interfere with or disrupt the Company Products, networks or servers connected to the Company Products or violate the regulations, policies or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
Any unauthorized or prohibited use of the Company Products or Company Content may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
19. Permitted Use of Company Content and Company Products; Reservation of Rights
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (a) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (i) all language designations contained in the materials originally provided to you by us and (ii) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (b) you will not modify any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content and the Company Products, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including, without limitation, by accessing or using the Company Products or the Company Content. These rights granted to you are revocable by us in accordance with these Terms and shall expire upon the termination of these Terms.
There are no implied licenses granted in these Terms.
20. Pricing and Special Programs
Pricing for Paid Courses
Unless a course is made available through the Lunch Box Deals Program (as described below), a Course Instructor will be solely responsible for determining the fees to be charged for such Course. If you are an Instructor, you hereby authorize Company to deduct from the amounts paid by a User for a Course, a transaction fee to be retained solely by Company, regardless of whether the Course is sold through a Lunch Box Program (i.e., the Lunch Box Affiliate, Lunch Box Deals, or Lunch Box Paid Advertising Programs) or not (the "Company Transaction Fee"). Unless an Instructor and the Company agree otherwise in a writing signed by the Instructor and an authorized representative of Company, Instructor acknowledges and agrees that the Company Transaction Fee shall be 30% of all amounts received by Company for a purchase of a Course, minus any amounts refunded to Lunch Box, sales or other taxes collected (if any), and any commissions paid or retained through the Lunch Box Affiliate Program or Lunch Box Paid Advertising Program.
Lunch Box Affiliate Program
Through the Lunch Box Affiliate Program, we allow select third party partners ("Affiliates") to promote Courses. If your Course is promoted by an Affiliate through the Lunch Box Affiliate Program, you hereby authorize the Affiliate who promoted your Course to receive a commission equal to 50% of the amount paid by a User for a Course (the "Affiliate Commission"). Company shall also be entitled to the Company Transaction Fee for Courses promoted by Affiliates. The Company Transaction Fee shall be based upon the net amounts retained by Company following the deduction of the Affiliate Commission.
In order to promote the sale of Courses through the Lunch Box Affiliate Program, each Instructor grants Company the right to distribute Courses on a royalty free basis to its Affiliates for the Affiliates to review such courses and determine whether the Affiliates wish to market and promote the sale of the Courses.
All Instructors, and all Courses offered by Instructors, are automatically enrolled in the Lunch Box Affiliate Program. The inclusion of Courses in the Lunch Box Affiliate Program is a great way to increase exposure and potentially sales of Courses. We encourage you, as an Instructor, to remain in the Lunch Box Affiliate Program, as we have dozens of Affiliates that promote courses on Lunch Box. However, if you wish to opt out of the Lunch Box Affiliate Program, please log in to your account and uncheck the box indicating your enrollment in the Lunch Box Affiliate Program.  
You acknowledge and agree that Company makes no representations or warranties as to the effectiveness of the inclusion of your Course(s) in the Lunch Box Affiliate Program.  
Lunch Box Deals Program
Through the Lunch Box Deals Program the Company uses deal and price tests to determine the optimum price at which to sell a Course. If your Course is sold through the Lunch Box Deals Program, you grant us the exclusive right (a) to promote your Courses through the Site or other third party websites (such as Facebook) at discounts of up to 75% off the prices you establish, and (b) to allow certain third party websites (including, without limitation, Amazon Local, Living Social, Groupon, Appsumo, Stack Social, Deal Coop and MightyDeals) ("Deal Sites") to offer your Courses at discounts of up to 75% off the prices you establish. Typically discounts are available for one month or less, but from time to time discounts may be available for a longer time period. You agree not to directly or indirectly offer your Courses without our involvement or written consent through the following Deal Sites: Amazon Local, Living Social, Groupon, Appsumo, Stack Social, Deal Coop and MightyDeals.
You may receive different amounts from the sale of a Course through the Lunch Box Deals Program depending on whether the Course is promoted directly by Lunch Box or through a Deal Site:     
If your Course is promoted by Company through the Lunch Box Deals Program, the Company will retain the Company Transaction Fee for that Course. The Company Transaction Fee shall be based upon the post-discount amount paid by a User for a Course.
If your Course is sold by a Deal Site through the Lunch Box Deals Program, you hereby authorize the Deal Site that sold your Course to retain a commission (the "Deal Site Commission"). The Deal Site Commission is determined by Company and the applicable Deal Site on a case-by-case basis, but is typically equal to 50% of the amount paid by a User for a Course. Company shall also be entitled to the Company Transaction Fee for Courses sold by Deal Sites. The Company Transaction Fee shall be based upon the net amounts paid by the Deal Site to Company following the deduction of the Deal Site Commission.  
In order to promote the sale of Courses through the Lunch Box Deals Program, each Instructor grants Company the right to distribute Courses on a royalty free basis to Deal Sites for the Deal Sites to review such courses and determine whether the Deal Sites wish to market and promote the sale of the Courses.  
All Instructors and all Courses offered by Instructors are automatically enrolled in the Lunch Box Deals Program. We encourage you to remain in the Lunch Box Deals Program, as it helps us drive sales of your Course(s) and find the optimal price point for selling your Course(s). If you do not want to participate in the Lunch Box Deals Program, please log in to your account and uncheck the box indicating your enrollment in the Lunch Box Deals Program.
You acknowledge and agree that Company makes no representations or warranties as to the effectiveness of the inclusion of your Course(s) in the Lunch Box Deals Program.
Lunch Box Paid Advertising Program
Through the Lunch Box Paid Advertising Program, Company may purchase and place advertisements for your Course(s) on third party websites, and will track any sales of your Course(s) resulting from advertisements we place by tagging users that visit the Site through such advertisements using cookies. If your Courses are sold through the Lunch Box Paid Advertising Program, then you authorize the Company to retain a commission of 50% of all amounts received from a User for the purchase of a Course instead of the Affiliate Commission. Company shall also be entitled to the Company Transaction Fee for Courses sold through the Lunch Box Paid Advertising Program.
All Instructors are automatically enrolled in the Lunch Box Paid Advertising Program. We encourage you to remain in the Lunch Box Paid Advertising Program, as it is a great way to take advantage of our advertising initiatives and increase the exposure of your Course(s), all at no up-front cost to you. If you do not want to participate in the Lunch Box Paid Advertising Program, please log in to your account and uncheck the box indicating your enrollment in the Lunch Box Paid Advertising Program.  
NOTE TO INSTRUCTORS: PLEASE REMEMBER THAT YOU ARE AUTOMATICALLY ENROLLED IN THE AFFILIATE PROGRAM, DEALS PROGRAM AND PAID ADVERTISING PROGRAM WHEN YOU REGISTER. IF YOU DO NOT WISH TO BE ENROLLED IN THESE PROGRAMS AND ENJOY THE SIGNIFICANT BENEFITS OFFERED BY THE PROGRAMS, PLEASE LOG IN TO YOUR ACCOUNT TO OPT OUT OF THOSE PROGRAMS YOU DO NOT WISH TO JOIN.
Refunds
Lunch Box offers Users a thirty (30)-day, no-questions-asked money back guarantee on all Courses. If you, as a User, are unhappy with a Course and request a refund within thirty (30) days of the date that you paid for access to the Course, we will provide you with a full refund of the amount you paid. To request a refund, please email support@ lunchboxschool.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.
You, as an Instructor, acknowledge and agree that Users have the right to receive a refund as set forth in this section. 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 User requests a refund for a Course after Lunch Box has sent an Instructor payment for that Course, Lunch Box 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 Users for Instructor's Course to the extent no additional payments are due from Lunch Box to Instructor or such payments due Instructor are insufficient to cover the amounts refunded to Users.  
Payment Terms
Company will issue payment for any amounts due to Instructors for the sale of Courses by the last day of the month following the month in which a Course was purchased. Payment shall be made in U.S. Dollars unless otherwise agreed to in writing by Company, and shall be remitted via check or Authorize.net. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.
By way of example only, if we received $10,000 from Users for the sale of your Courses during the month of June, no Users requested refunds, and the sales were subject to the Company Transaction Fee of 30%, Company would issue payment to you in the amount of $7,000 by July 31. Similarly, if those same Courses were purchased through the Lunch Box Paid Advertising Program, Company would issue payment to you in the amount of $3,500 by July 31.
Notwithstanding the previous paragraphs of this section, for Courses sold through the Lunch Box Deals Program, Company will issue payment to you by the last day of the month following the month in which Company receives any payment from a Deal Site. By way of example only, if a Deal Site received $10,000 from Users for your Courses during the month of June, no Users requested refunds, the Deal Site paid Company on August 15, and a Company Transaction Fee of 30% was applied, the Deal Site would retain $5,000, Company would retain $1,500, and Company would issue payment to you in the amount of $3,500 by September 30.
21. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
Company respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Company Products.
Company's intellectual property policy is to (a) remove material that Company believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Company Products, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Company considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Company has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Company's own determination.
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Company Products has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information. Company's Designated Agent for notices of claimed infringement can be contacted at:
Via E-mail: copyright@udemy.com
Via U.S. Mail: Udemy, Inc. 425 2nd Street, Suite 250 San Francisco, CA 94107 Attn: Copyright Department
Counter Notification.
If you receive a notification from Company that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Company with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under Section 0 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
Company reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at copyright@lunchboxschool.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Company, the operation of the Company Products or any other matter should be sent to info@lunchboxschool.com.
22. Links
As you use the Company Products you may notice links to third-party websites ("Third Party Sites"). This may include Instructors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. These links are for convenience only. If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of Company proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Company. Company is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Company of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.
23. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Company Products or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Company Products or in connection with the Company Products or Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
24. Disclaimer; Warranty Disclaimer
YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT ARE INACCURATE, OFFENSIVE, 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 COMPANY WITH RESPECT THERETO.
THE COMPANY PRODUCTS, COMPANY CONTENT, THIRD PARTY CONTENT, AND ANY PORTIONS OF ANY OF THE FOREGOING, MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SITE OR THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
25. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE COMPANY PRODUCTS, THE SUBMITTED CONTENT, THE COURSES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR INSTRUCTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE COMPANY PRODUCTS, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, OR ANY PORTION THEREOF. 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 USERS.
26. Indemnification
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of the Company Products, the Company Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
27. Modification of Services
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and these Terms will continue to apply to the Company Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the Company Products.
28. Dispute Resolution
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY PRODUCTS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Company, to you via any other method available to Company, including via e-mail. The Notice to Company should be addressed to: Udemy, Inc., 425 2nd Street, Suite 250, San Francisco, CA 94107 (the "Arbitration Notice Address"). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the "Demand"). If you and Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Company, then Company will promptly reimburse you for your confirmed payment of the filing fee upon Company's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Michigan in conducting the arbitration. You acknowledge that these Terms and your use of the Services evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
These Terms and your use of the Service shall be governed by the substantive laws of the State of Michigan without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Company under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Saginaw, Michigan, and you and Company hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Company or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, including with respect to any Submitted Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Company may recover attorneys' fees and costs up to $5,000, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
29. Termination of Services; Termination of Agreement
We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason.
In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of the Company Products. Upon the termination you will immediately destroy any downloaded or printed Company Content.
You are free to terminate your use of the Company Products at any time. You can simply choose to stop visiting or using any aspect of the Company Products. If you wish to terminate your account on the Site or with the Services, you may do so by sending an e-mail to support@lunchboxschool.com or using any other account termination functionality that may be offered through the Company Products.
30. Miscellaneous
Entire Agreement. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Disclosures. The Company Products are offered by Bite Size Learning, LLC., located at 425 2nd St., Suite 250, San Francisco, CA 94107. You may contact us by sending correspondence to the foregoing address or by e-mailing us at info@lunchboxschool.com. If you are a California resident, then you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms
30. Refund Policy
If you register as a teacher and are not satisfied with the product, you may request a refund in writing during the first thirty days from the date of paid registration, to support@lunchboxschool.com. You will receive a full refund to your account within ninety days of the written request. Your access to the product will be blocked from the date you request the refund. You may register again to create more courses. We reserve the right to refuse access to the product, and to cancel any subscriber account upon our sole discretion.
If you are a student and are not satisfied with a course you purchased, you may request a refund in writing any time during the first thirty days from the date of purchase, to support@lunchboxschool.com. You will receive a full refund to your account within ninety days of the written request. Your access to the course will be blocked from the date you request the refund. You will be able to purchase other courses. We reserve the right to refuse access to any course, and to cancel any subscriber account upon our sole discretion.

Privacy Policy    
This web site is owned and operated by Bite Size Learning, LLC, hereafter referred to as Lunch Box ("we", "our", or "us" or the "Company"). We understand you value your privacy. We want to make your experience online satisfying and safe. This privacy policy (the "Policy") governs information you provide to us or we learn from your use of this web site (the "Site") and tells you how we may collect, use, and in some instances share this information. Our policies may differ from other service offerings and you should carefully review the terms of service and this privacy notice before using these services.
Collected Information
In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. If you choose to register, and are 13 years of age or older, we will collect your name, date of birth, email address, and street address along with other billing and shipping addresses ("Credit Card Information"). By providing your Personal Information to us, you explicitly agree to our collection and use of such information as described in this Policy.
Lunch Box will collect personally identifiable information to assist your school in monitoring your students' skills development. Some of this information may be gathered by technology, so you may not notice that it is being collected. That information will include your name, grade level, username assigned by our system, school-issued ID or tracking code, class affiliation, and certain information that is collected pursuant to the No Child Left Behind Act of 2001 and similar state and federal laws. We will also collect the work you perform. We may also gather information about you to improve the content on our Web site and in our product and for marketing, promotional, and other reasonable commercial purposes. Such data may include information gathered when you first subscribe to our service or respond to surveys or other requests for information. We do not collect personally identifiable information about you unless you provide it voluntarily or your school provides it. We will not require disclosure of more information than is reasonably necessary for participation in our services.  
Children's Privacy
We are committed to protecting children's privacy online and meeting the requirements of the federal Children's Online Privacy Protection Act. This Site is intended for users above the age of 13. We do not knowingly collect information from children.
Lunch Box urges parents and guardians to discuss with their children restrictions regarding the online release of personal information to anyone they don't know and to monitor their children's Internet activities. We strive to comply with the Children's Online Privacy Protection Act of 1998 (COPPA). Please read this Privacy Policy in its entirety to understand what personal information is collected from children on our Web site and how we use such information. We have established and will maintain reasonable procedures designed to protect the confidentiality, security, and integrity of personal information collected from children, although no assurances are provided.
No part of our Web site is specifically structured to attract children under the age of 13, except as a student under the guidance and supervision of an adult. Parental/Guardian consent is required in order for any child under 13 years of age to submit personal information to the Lunch Box School Web site, and before Lunch Box will use or disclose that personal information. Only a parent or guardian may register a child for access to the Lunch Box School Web site.
We will provide to a parent or guardian, upon proper request and identification, the following information about their child: (a) a description of the specific types of personal information collected from the child, and (b) the opportunity at any time to refuse to permit us further use or maintenance in retrievable form, or future online collection of personal information from that child. We request the parent or guardian send your request to Customer Support, by U.S. mail, or by facsimile with a sufficiently detailed request for information or notice, referring to contact information below. Certain exceptions may apply to the foregoing provisions, pursuant to COPPA and other applicable law.
If you are a teacher, school administrator, tutor, or similar party entering information about children, you represent that you have proper authority to submit the child's personal information and you agree to hold harmless Lunch Box from any and all claims relating to the acceptance and use of such information.
Billing
If you use or provide services on the Site for which we implement a billing system for you, we will collect additional information from you so that we can process and collect billing information. For example, we may collect your mailing address to remit payments, and we may collect your Social Security number if necessary and to help us verify your identity.
How We Use Your Information  
Lunch Box maintains all student data, student educational information, and student files as confidential, which guards the privacy of students and families. Lunch Box and/or contractors to Lunch Box use the information collected for assessment (such as scoring), reporting, and other purposes as your school system may require. We may aggregate information without identifying students for internal research and generally to inform the public about the results achieved through the Lunch Box Web site. Except as otherwise provided herein, we do not sell or share our student database. We have established strict security procedures designed to prevent personally identifiable student files from unauthorized access. Authorized parties that have access to student information are limited to Lunch Box employees and contractors, school districts and/or the student's immediate family with proper request and identification.  
Some information may pass through third-party suppliers of services (such as Web hosting services) who have been engaged to assist in the delivery of the Lunch Box product. In addition, like any company, Lunch Box may acquire or be consolidated with other enterprises, and another enterprise may assume the duties of Lunch Box and so have access to your personal information.  
We may also share aggregated demographic information about our user base with other companies who market our products. This information does not identify individual customers and we do not link aggregate user data with personally identifiable information.
We reserve the right to disclose your personally identifiable information as required by law and/or to comply with judicial proceedings, government investigations, court orders, or legal process served on us, as well as when we believe that disclosure is necessary to protect our rights, investigate or prevent fraud or other illegal activities or to prevent breach of Lunch Box’s Terms and Conditions of Use Policy.
Cookies
The Site uses software tags called "cookies" to identify customers when they visit our Site. Cookies are used to remember user preferences and maximize performance of our services. The information we collect with cookies is not sold, rented, or shared with any outside parties. Users who disable their Web browser's ability to accept cookies will be able to browse our Site but will not be able to successfully use our Service.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Site.
This privacy policy covers the use of cookies by our Site only and does not cover the use of cookies by any advertisers.
Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our Site to help us administer our Site and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual Site visitors to any Personal Information. All data collected by such third parties on our behalf is used only to provide us with information on Site usage and is not shared with any other third parties.
Web Beacons
Web pages may contain an electronic file called a web beacon that allows a web site to count users who have visited that page or to access certain cookies. We may use web beacons in the following ways:
We use web beacons within the Site in order to count users and to recognize users by accessing our cookies.
Being able to access our cookies allows us to personalize your user experience.
In general, any file served as part of a web page, including an ad banner, can act as a web beacon. We may also include web beacons from other companies within pages we serve so that our advertisers may receive auditing, and reporting.
Log Files
We maintain log files of the traffic that visits our Site. We do not link any information gathered in these log files to Personal Information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.
Security
We take steps to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@lunchboxschool.com.
Retention of Information
We will keep Personal Information of our users for as long as they are registered subscribers or users of our products and services, and as permitted by law.
Linking
This Site may contain links to other web sites. The Company cannot and does not control the privacy practices of any such sites. You should review the privacy policy on any web site where you may submit personal information before providing it to any web site.
Emails
If you choose to register for our products and services, we will send you certain promotional emails. Promotional emails advertise our products and services and/or the products and services of our Users and Affiliates. If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering by e-mailing us at support@lunchboxschool.com, by writing to us at the address contained herein, or by hitting the "unsubscribe" button at the bottom of any of our e-mails.
Legal Disclaimer
We reserve the right to disclose your Personal Information as required by law and when we believe that doing so is in the Company's interest to protect its property or other legal rights or the rights or property of others.
International Users
This Site is hosted and operated in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as the EU and by providing your personal data you consent to:
The use of your personal data for the uses identified above in accordance with this Privacy Policy; and
The transfer of your personal data to the United States as indicated above.
Merger, Sale or Insolvency
If the Company should ever file for bankruptcy or have its assets sold to or merge with another entity, information the Company receives from you from this Site is a Company asset that may be transferred in connection with these types of corporate events.
Change in this Privacy Policy
We may occasionally update this Privacy Policy. When we do, we will also revise the "last updated" date on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of this Site constitutes your agreement to this Privacy Policy and any updates.
Contact Us
If you have questions or concerns regarding this Policy, please contact us by emailing privacy@lunchboxschool.com or calling us at 888-123-4567.
Address
Bite Size Learning, LLC.,
Saginaw, MI 48603
Effective: July 11, 2012