Last updated: December 2017
Yesway Lessons provides an online platform that connects teachers who have lessons to list and book with students/parents seeking to book such lessons (collectively, the “Services”), which Services are accessible at www.yeswaylessons.com and any other websites through which Yesway Lessons makes the Services available (collectively, the “Site”).
- How the Site and Services work
- Additional Terms
- User accounts
- Registration obligation
- Content posted by you
- Cancellation and refund
- Disclaimer of warranties
- Limitation of liability
- Applicable law
- Sanctions and export policy
- Contacting us
We reserve the right, at our sole discretion, to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) or to modify these Terms, including but not limited to service fees, at any time and without prior notice. Notification of changes to our Site and Services may be posted on the Site or sent to you via emails. Your continued access or use of the Site or Services will constitute acceptance of the modifications. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site or Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
If you use our Site or Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms.
4. How the Site and Services work
The Site and Services can be used to facilitate the listing and booking of lessons. Such lessons are included in listings on the Site and Services by teachers. You may view listings as an unregistered visitor to the Site and Services; however, if you wish to book lessons or create a listing, you must first register to create a Yesway Lessons account.
PLEASE NOTE: the Site and Services are intended to be used to facilitate teachers and students/parents connecting and booking lessons directly with each other. Yesway Lessons cannot and does not control the content contained in any listings and the condition, legality or suitability of any lessons. Yesway Lessons is not responsible for and disclaims any and all liability related to any and all listings and lessons. Accordingly, any bookings will be made or accepted at the user’s own risk.
5. Additional Terms
Our Site and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features and/or offerings. For example, additional terms apply if you refer new teaches/merchants or new students to Yesway Lessons (“Referral Program”) or register as our Merchant (“Merchant Terms And Conditions”). If additional terms are available for the relevant products or Services you use, those additional terms become part of these terms.
Referral Program: please review our Referral Program Terms And Conditions, which governs your use of the relevant products and/or Services, to understand our practices.
Merchant Terms And Conditions: please review our Merchant Terms And Conditions, which governs your use of the relevant products and/or Services, to understand our practices.
6. User accounts
You may need your own Yesway Lessons account to use certain Yesway Lessons Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Unless authorized by Yesway Lessons, you are not permitted to share your Yesway Lessons account with anyone or allow others to access or use your Yesway Lessons account.
7. Registration obligations
In consideration of your use of the Site or Services, you agree to provide true, accurate, current and complete information about yourself or your child(ren) as prompted by our registration process, and maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete; or Yesway Lessons has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yesway Lessons has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Services, or any part thereof.
The Site and Services may contain links to third party websites or resources. You acknowledge and agree that Yesway Lessons is not responsible or liable for: (i) the availability or accuracy of such website or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Yesway Lessons of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. You further acknowledge and agree that Yesway Lessons is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, products or services on or available from such websites or resources.
All content included in or made available through any Yesway Lessons Site or Services, including but not limited to, text, graphics, logos, photos, images, audio clips, digital downloads, data compilations, software, tools, etc., or other material contained or distributed on or through the Site or Services, by Yesway Lessons, its suppliers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary content or information without prior written authorization of Yesway Lessons or the owner of such proprietary rights.
Yesway Lessons trademarks included or made available through any Yesway Lessons Site or Services, including but not limited to, graphics, logos, photos, images, page headers, scripts, and service names, are trademarks or trade dress of Yesway Lessons. Yesway Lessons’ trademarks and trade dress may not be used in connection with any product or service that does not belong to Yesway Lessons, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yesway Lessons. All other trademarks not owned by Yesway Lessons that appear in Yesway Lessons Site or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yesway Lessons.
11. Content posted by you
You may post content, including but not limited to, reviews, comments, photos, videos, other content, etc.; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, inaccurate, false, invasive of privacy, infringing or violating another party’s rights (including but not limited to intellectual property rights, privacy rights, publicity rights, etc.), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. Yesway Lessons reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You are solely responsible for the content you publish or display using our Site or Services, or transmit or display to other users.
If you do post content or submit material, and unless we indicate otherwise, you automatically grant Yesway Lessons, our affiliates and licensees a non-exclusive, royalty-free, perpetual, irrevocable, fully paid, fully sublicensable, worldwide right to use, copy, perform, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, and display such content or material throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not infringe or violate the rights of any third party and will not cause injury to any person or entity; and that you will indemnify Yesway Lessons for all claims resulting from content you supply. Yesway Lessons has the right (but not the obligation) to monitor and edit or remove any activity or content. Yesway Lessons takes no responsibility and assumes no liability for any content posted by you or any third party.
12. Cancellation and refund
Please review our Cancellation & Refund policy, which also governs your use of the Site and/or Services, to understand our practices.
Lesson prices are agreed to the time of payment for the number of lessons purchased. Lesson prices may vary by different teachers, different durations, and different lesson types; and are subject to change at any time. Both teachers and students are obligated to honor the prices established at the time of payment.
These Terms will remain in full force and effect while you use our Site and/or Services. You may terminate your Yesway Lessons account at any time, for any reason, by sending a notice of termination via email to SUPPORT@yeswaylessons.com. To help us analyze and improve our Site or Services, you may be asked to provide a reason for your termination. Yesway Lessons may terminate these Terms for convenience at any time by giving you a notice of termination via email to your registered email address.
Yesway Lessons may immediately, without notice terminate these Terms and your Yesway Lessons account if (i) you have breached these Terms or our policies, including but not limited to any breach of your warranties outlined in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Yesway Lessons account registration, or listing process, or booking process, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Yesway Lessons believes in good faith, and in our sole discretion, that such action is reasonably necessary to protect the safety or property of other users, Yesway Lessons or third parties, for fraud prevention, risk assessment, security or investigation purposes. We are not required, and may be prohibited, from disclosing a reason for the termination of your Yesway Lessons account.
If you or we terminate these Terms or your Yesway Lessons account, we do not have an obligation to delete or return to you any of your content.
If you or we terminate these Terms or your Yesway Lessons account, the clauses of these Terms that reasonably or by their nature should survive termination of these Terms will remain in effect.
15. Disclaimer of warranties
THE YESWAY LESSONS SITE, SERVICES, ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES, THE REFERRAL PROGRAM, AND THE MERCHANT PROGRAM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YESWAY LESSONS SERVICES ARE PROVIDED BY YESWAY LESSONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YESWAY LESSONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YESWAY LESSONS SITE, SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES, OR THE REFERRAL PROGRAM, OR THE MERCHANT PROGRAM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, YESWAY LESSONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY. YESWAY LESSONS DOES NOT WARRANT THAT THE YESWAY LESSONS SITE, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES, OR THE REFERRAL PROGRAM, OR THE MERCHANT PROGRAM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, SERVICES, SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YESWAY LESSONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, YESWAY LESSONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY YESWAY LESSONS SITE OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES, OR THE REFERRAL PROGRAM, OR THE MERCHANT PROGRAM INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY YESWAY LESSONS SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
16. Limitation of liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE OR SERVICES, OR FOR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR THE MERCHANT PROGRAM. YOU UNDERSTAND THAT NOT ALL PROVIDERS ON OUR SITE HAVE BACKGROUND CHECKS AND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON STUDENTS/PARENTS. THE EXTENT OF OUR BACKGROUND CHECK IS LIMITED BY THE QUALITY AND SCOPE OF SERVICE PROVIDED BY OUR THIRD PARTY INVESTIGATIVE SERVICE AND THE LIMITATIONS OF COMPUTER ACCESSIBLE PUBLIC RECORDS. NOT ALL JURISDICTIONS OR CRIMES ARE EVALUATED AS PART OF THE CRIMINAL BACKGROUND CHECK. WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF OUR SITE OR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH USERS YOU MEET THROUGH OUR SITE OR SERVICES. YOU DO SO AT YOUR SOLE RISK AND AT YOU SOLE PERIL.
IN NO EVENT SHALL YESWAY LESSONS AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, YESWAY LESSONS AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SITE OR SERVICES OR PERSONS YOU MEET THROUGH OUR SITE OR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE FULL EXTENT PERMISSIBLE BY LAW, THE LIABILITY OF YESWAY LESSONS AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, TO YOU AND YOUR HEIRS AT LAW FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR SERVICES DURING THE PRECEDING TWELVE MONTHS, UP TO A MAXIMUM OF FIVE HUNDRED DOLLARS.
You agree to release, defend, indemnify, and hold Yesway Lessons and its officers, directors, employees, agents, affiliates, and all other related persons or entities, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or collective content or your violation of these Terms; (b) your participation in the Referral Program or Merchant Program; (c) your account content; (d) your (i) interaction with any user, (ii) booking of lessons, or (iii) creation of a listing; and (e) the use, condition or booking of lessons by you, including but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of booking or taking lessons.
You shall cooperative as fully as reasonably required in the defense of any claim. 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 you shall not in any event settle any matter without our written consent. This section survives termination of these Terms.
18. Applicable law
Any dispute or claim relating in any way to your use of any Yesway Lessons Site or Services, or to any products or services sold or distributed by Yesway Lessons or through Yeswaylessons.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Agents and Corporations, Inc., 1201 Orange Street, Suite 600, Wilmington, DE 19801. The arbitration will be conducted by the American Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Yesway Lessons will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
20. Sanctions and export policy
You may not use any Yesway Lessons Site or Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Yesway Lessons Site or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Yesway Lessons software), technology, and services.
You are responsible for collecting and paying your own taxes due if and when applicable. We are unable to provide you with tax advice and you should consult your own tax advisor.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
23. Contacting us