LESSONMATE TERMS OF USE

Last Modified: June 30, 2021

1. Your Acceptance

Welcome to the LessonMate Terms of Use. This is an agreement (“Agreement”) between LessonMate LLC, the owner and operator of the website https://www.lessonmate.org and the LessonMate software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform. Any User that wishes to subscribe to or pay for any access to any portions of the Platform shall be referred to as a “Subscriber”.

Throughout this Agreement, the words “LessonMate,” “us,” “we,” and “our,” refer to our company, LessonMate, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.

PLEASE BE AWARE THAT THERE ARE ARBITRATION, LIMITATION OF LIABILITY, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

2. Platform and Registration

Users may be required to register on the Platform before accessing portions of the Platform. Where applicable, prior to registration a Subscriber may be required to authorize a User to access the Platform. Users must resolve any authorization issues directly with a Subscriber. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify LessonMate immediately of any unauthorized use of your account or any other breach of security. LessonMate will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. Please be aware that all User accounts are associated with Subscribers of the LessonMate Platform. Subscribers may, from time to time, delete any associated User accounts and as a User you release LessonMate from any liability related to the deletion of your User account.

3. Family Accounts

Please be aware that LessonMate allows Subscribers to create User accounts and once your User account is created, you may share access to your LessonMate account only with your family members. You are solely responsible for monitoring any access and use by a family member of your account. You shall not allow any family member under the age of 13 to submit any personal information to the Platform. If you become aware that any family member under the age of 13 has submitted personal information to the Platform, please contact us immediately.

4. The Platform

After registering and properly paying for our Platform, where required, we shall grant you access in accordance with this Agreement. You may use the Platform solely as permitted and provided for by LessonMate and in compliance with all applicable laws. Please be aware that all portions of the Platform are offered on an “as is” basis and LessonMate makes no representations or warranties regarding any portion of the Platform. LessonMate reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality to any subscription levels at its sole discretion. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct. Please be aware that we are not responsible for any User Content (defined below) encountered on the Platform.

5. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to LessonMate and/or LessonMate’s licensors and that LessonMate and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by LessonMate. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by LessonMate to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by LessonMate. All rights not expressly granted in this Agreement are reserved for us.

6. Privacy Policy

We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. User Content

A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Except for the obligations set forth within the Subscriber sections of this Agreement, LessonMate is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant LessonMate, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Please be aware that User Content may be shared with other users of the Platform or third parties as applicable. LessonMate has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, LessonMate shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

8. Additional Guidelines for User Content

Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:

If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.

9. Monitoring User Content

LessonMate shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, LessonMate shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.

10. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but LessonMate reserves the right to suspend or terminate any account at any time at our discretion.

11. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

12. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

13. Idea Submission

LessonMate or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to LessonMate. The sole purpose of this policy is to avoid potential misunderstandings or disputes when LessonMate’s products might seem similar to ideas submitted to LessonMate. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of LessonMate, without any compensation to the submitter; (2) LessonMate may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for LessonMate to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

14. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LESSONMATE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. LESSONMATE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. LESSONMATE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. LESSONMATE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LESSONMATE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

15. Limitation of Liability

IN NO EVENT SHALL LESSONMATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LESSONMATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY LESSONMATE’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.

16. Indemnity

You agree to defend, indemnify and hold harmless LessonMate, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

This defense and indemnification obligation will survive this Agreement and your use of the LessonMate Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

17. Copyrights

Takedown Notice

We take copyright infringement very seriously and intend to abide by the Digital Millennium Copyright Act (“DMCA”) . If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

You must sign this notification and send it to our Copyright Agent: Copyright Agent of LessonMate, info@lessonmate.org or LessonMate 2116 Colorado Blvd, Los Angeles, California 90041, United States of America.

Counter Notice

In the event that you receive a notification from LessonMate stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: LessonMate, info@lessonmate.org or LessonMate, 2116 Colorado Blvd, Los Angeles, California 90041, United States of America.

18. Choice of Law

This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.

19. Disputes

Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this Agreement shall be conducted pursuant to the applicable rules that can be found at https://www.adr.org/Rules (“Rules”) under the American Arbitration Association. Any Subscriber shall be subject to the AAA Commercial Rules and any User shall be subject to the AAA Consumer Rules. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for non-payment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Los Angeles County, California.

Opt-Out

You may opt-out of this dispute resolution provision by notifying LessonMate within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to LessonMate, 2116 Colorado Blvd, Los Angeles, California 90041, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with LessonMate through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Los Angeles County, California.

20. Class Action Waiver

You and LessonMate agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

21. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with LessonMate are deemed to conflict with each other’s operation, LessonMate shall have the sole right to elect which provision remains in force.

22. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

23. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

24. Entire Agreement and Notices

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to LessonMate at LessonMate, 2116 Colorado Blvd, Los Angeles, California 90041, United States of America, delivery confirmation required. Any notices to User or Subscriber shall be delivered either electronically via email to User or Subscriber’s account or to the address listed within User or Subscriber’s account.

25. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

26. Electronic Communications

The communications between you and LessonMate use electronic means, whether you visit the Platform or send LessonMate e-mails, or whether LessonMate posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from LessonMate in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that LessonMate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

27. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at info@lessonmate.org.

28. Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm LessonMate, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

29. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about LessonMate must be sent to our agent for notice to: info@lessonmate.org or LessonMate at 2116 Colorado Blvd, Los Angeles, California 90041, United States of America. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

30. Subscriber Terms

The following sections 30 to 42 apply to any Subscribers using the Platform.

31. Subscriber Accounts

A Subscriber may create an account as permitted under this Agreement and Subscriber may also create an account on behalf of Subscriber’s business or organization. Subscriber shall be required to designate any users that it has permitted to access the Platform. The Platform may also allow Subscriber to provide access to its authorized users that will use the Platform services. Subscriber agrees that it is solely responsible for all actions of any authorized user or designated user using the Platform and agrees that all authorized users shall comply with all obligations as set forth in this Agreement. Subscriber shall indemnify LessonMate for any damages arising from an authorized user or designated user.

32. Subscriber Responsibilities

Subscriber represents and warrants that: (1) Subscriber shall use the Platform solely for Subscriber’s internal commercial purposes; (2) the person entering into this Agreement on behalf of Subscriber is duly authorized and has the power and authority to enter into this Agreement and bind Subscriber; and (3) Subscriber shall use the Platform only for legal and lawful purposes.

33. Subscriber User Content

Any User Content submitted by a Subscriber, shall be defined as “Subscriber User Content” and shall be subject to all User Content obligations set forth within this Agreement. Subscriber is solely responsible for any Subscriber User Content submitted to the Platform. Subscriber represents and warrants the following: (1) Subscriber owns or has properly licensed all Subscriber User Content provided; (2) the Subscriber User Content does not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Subscriber User Content offered does not violate any US state or federal laws or any third party agreements; (4) Subscriber has the unencumbered ownership of all rights or has properly licensed and paid for any rights necessary to the Subscriber User Content; (5) Subscriber has the absolute right to grant to LessonMate, all rights, licenses and privileges granted to or vested in LessonMate under this Agreement; (6) Subscriber has obtained all clearances and paid all monies necessary for LessonMate to exercise the license granted herein and there will not be any other rights to be cleared or any payments required to be made by LessonMate as a result of any use of the Subscriber User Content; and (7) All of the individuals and entities connected with the production of the Subscriber User Content, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the Subscriber User Content, have authorized and approved Subscriber’s use thereof, and LessonMate shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the Subscriber User Content in connection with the exploitation and use of the license granted within this Agreement

34. Subscriber User Content Storage

LessonMate at its discretion may offer reasonable amounts of storage for any User Content submitted by Subscriber. Where any Subscriber exceeds our storage capacity limits, we reserve the right to charge Subscriber for such excess storage or terminate this Agreement at our discretion. . Please be aware that we have no obligation to offer any storage of any Subscriber User Content and may change our policies related to Subscriber User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to Subscriber User Content storage on our Platform (at any time). Please be aware that we make no guarantees about any Subscriber User Content stored on the Platform and Subscriber releases us from all liability related to any Subscriber User Content stored on the Platform. Specifically, we do not guarantee that Subscriber’s User Content will remain available, secure, accessible, or complete and some or all of Subscriber’s User Content may be deleted. LessonMate shall have no obligation to keep or make available any Subscriber User Content after a termination of Subscriber’s subscription to the Platform and shall have no obligation to assist in migrating such Subscriber User Content.

35. Subscriber Payments

Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where Subscriber has properly paid for a subscription we shall grant Subscriber access to the LessonMate Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time. Currently, we use Stripe as our third party payment processor and where applicable, Subscriber must agree to our third party payment processors’ terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where Subscriber has failed to pay or where payments are overdue, LessonMate may suspend or terminate Subscriber’s access to the paid portions of the Platform, without liability to us.

36. Automatic Payment and Renewal

Where a Subscriber has purchased a subscription, Subscriber’s payment information shall be logged for Subscriber’s convenience. IF SUBSCRIBER’S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, LESSONMATE MAY CHARGE SUBSCRIBER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS SUBSCRIBER NOTIFIES US THAT SUBSCRIBER WANTS TO CANCEL SUBSCRIBER’S AUTOMATIC PAYMENT VIA SUBSCRIBER’S ACCOUNT DASHBOARD. ADDITIONALLY, SUBSCRIBER AUTHORIZES US TO BILL SUBSCRIBER ON A RECURRING BASIS AND AGREES THAT SUBSCRIBER’S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS SUBSCRIBER’S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. SUBSCRIBER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY SUBSCRIBER TO CHARGE SUBSCRIBER’S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.

37. Refunds for Subscription

As a Subscriber we want Subscriber to be satisfied with Subscriber’s subscription to the Platform. As such, we offer a thirty (30) day money back guarantee for any new subscribers to our Platform. Where Subscriber has subscribed to the Platform for less than thirty (30) days Subscriber may request a refund for any subscription amounts paid to us. If Subscriber has any questions regarding the subscription or refund policies, please contact us at info@lessonmate.org.

38. Taxes

Where LessonMate does not charge Subscriber taxes for any payments, Subscriber agrees to pay any and all applicable taxes. Subscriber agrees that LessonMate cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.

39. Pricing and Price Increases

The pricing for all paid subscriptions is listed on the LessonMate Platform or within Subscriber’s account. Additionally, LessonMate may increase the price of any paid subscriptions or LessonMate fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, LessonMate shall notify Subscriber and Subscriber will have the chance to accept or reject any price increase. Please notify us if Subscriber intends to reject a price increase. Where Subscriber has rejected a price increase this Agreement may be terminated immediately at our discretion. Subscriber agrees that LessonMate has no obligation to offer any services for the price originally offered to Subscriber at sign up.

40. Free Trials

LessonMate may offer the Platform on a free trial basis. LessonMate reserves the right to discontinue or modify any free trials at any time and without liability. Where Subscriber has signed up for a free trial, Subscriber agrees at the expiration of Subscriber’s free trial Subscriber may be automatically charged for any additional usage of the Platform.

41. Subscriber Account Holds

From time to time, LessonMate may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that Subscriber’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If Subscriber has questions about a Hold we may have placed on Subscriber’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.

42. Termination of Subscription

Subscriber may cancel its subscription at any time via Subscriber’s LessonMate dashboard or contacting us at info@lessonmate.org. Please be aware that upon termination of Subscriber’s account, access to all or portions of our Platform may be immediately disabled to Subscriber and its authorized/designated users, and any Subscriber User Content stored may not be retained. We may terminate Subscriber’s subscription if we determine that: (1) Subscriber has violated any applicable laws while using our Platform; (2) if Subscriber has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of Subscriber’s past, current, or future actions may legally harm LessonMate, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide Subscriber with a timely explanation; however, we are not required to do so.