Terms and Conditions for Use of, or Access to, On-line Resources Operated by Eclipse Tutoring, LLC.
The Website www.EclipseTutoring.com is owned and operated by Eclipse Tutoring, LLC, a Washington State Limited Liability Company.
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY USING, ACCESSING, SIGNING UP FOR AN ACCOUNT WITH OR LINKING TO ON-LINE RESOURCES OPERATED BY ECLIPSE TUTORING, LLC INCLUDING, BUT NOT LIMITED TO WEBSITES, INTERACTIVE DIGITAL COMMUNITIES, BLOGS, OR SOCIAL MEDIA ACCOUNTS, YOU AGREE TO ALL THE TERMS CONTAINED WITHIN THIS AGREEMENT AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH ECLIPSE TUTORING, LLC. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR YOU ARE LEGALLY UNABLE TO ENTER INTO A BINDING CONTRACT (FOR EXAMPLE IF YOU ARE UNDER THE AGE OF 18) THEN YOU ARE NOT PERMITTED TO UTILIZE SUCH ON-LINE RESOURCES.
Intended Use. The On-Line Resources (“Resources”) operated by Eclipse Tutoring, LLC (the “Company” or “We”) are intended for informational, marketing and promotional purposes only. Nothing within Resources is intended to be relied upon for any commercial venture or operation, and nothing is intended, or shall be interpreted as, a contractual offer subject to acceptance by the general public or any member thereof.
Intended Audience. The Resources are intended only for lawful residents of the United States who are 13 years of age or older. None of the contents of Resources are intended for children under the age of 13, and are not intended in any way to market commercial products to, or solicit any information whatsoever from children under the age of 13 years of age. Users of Resources (“You,” or “Users”) are personally and solely responsible for ensuring that accessing the Resources, and the information or products and services contained within, is lawful to view and access in the jurisdiction in which they reside or from which they access the Resources.
Any content material of Resources that are intended, or could be utilized by, persons under the age of 13 (such as information about course material on tutorial services offered to persons under the age of 13) are provided for explanatory or informational purposes for the parents or legal guardians of any persons under the age of 13 who may ultimately be the end users of products or services referenced by such content material. Therefore any such content material shall be deemed to be intended only for said parents or legal guardians and not for anyone under the age of 13.
TERMS AND CONDITIONS
1. Disclaimer of Warranties. Except where disclaimer of warrantees are prohibited by law, the Resources are provided, and by accepting these Terms and Conditions you are agreeing to use of or access to Resources, on an As Is basis and acknowledging the following warranty disclaimers. All express or implied warranties, including, but not limited to, warranty of merchantability, warranty of fitness for use, warranty of title, and warranty of non-infringement are hereby disclaimed wholly, and completely. Furthermore, We do not warranty in any way that the Resources, and functions or purposes served within or available through the Resources, will work in any particular manner, will be error free, uninterrupted, free of viruses, worms or other malware, or error free. If any particular portion of these disclaimers of warranty shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect. If You contract with the Company either to provide professional services or to receive services offered by the Company, then the provisions of any contract you sign or agree to in such context shall supplement these Terms and Conditions and shall be incorporated by reference herein.
2. Release and Waiver of Liability. Neither the Company nor any of its members, owners, employees or agents shall be liable for any liability, penalty, fee, fine, attorney’s fees, or any other costs, associated with, stemming from, or in any other way pertaining to Your use of, or access to the Resources or reliance on the Resources, regardless of the theory of liability including, but not limited to, direct, indirect, special, consequential, incidental, exemplary, punitive or any other type of damages, lost or damaged data, damage to equipment, lost profits, personal injury or death, all of which are excluded, waived and disclaimed in their entirety and in perpetuity by the agreement of the parties. Your agreement to exclude, waive and disclaim shall extend, in perpetuity, to your estate, descendants, heirs and assigns. If any particular portion of these disclaimers of liability shall be found, by a court of competent jurisdiction, to be unlawful or otherwise unenforceable, then all remaining portions shall continue to have full force and effect.
3. Limitation of Liability. Under no circumstance shall the liability of the Company or any of its members, owners, employees or agents, in any way related to Your use of Resources referenced by or related to these Terms and Conditions, exceed the sum of $10 in US funds.
4. Indemnification and Hold Harmless. You agree to, and shall indemnify, defend, and hold completely harmless the Company, its members, owners, employees, and agents from and against any claims, lawsuits, regulatory proceedings, damages (of any type, including punitive or exemplary damagers,) penalties, fees, fines, and costs, claimed by any third party or imposed by any governmental entity or court of law, for your actions or inactions in any way relevant to, stemming from, or resulting from your use or misuse of the Resources. This duty to defend, indemnify and hold harmless shall include payment of any reasonable attorney’s fees incurred therefrom. Company will endeavor to advise you of the existence of any claims as they reasonably become known, and shall retain full control of the settlement of any such claims.
5. Applicability of Terms and Conditions. Except as prohibited by law these Terms and Conditions shall be binding on You, your estate, descendants, heirs, and assigns.
6. Non-Responsibility for Third-Party Actions or Third-Party Websites. The Resources are available to many Users and, from time to time, may permit Users to access websites or other digital resources operated by third-parties. The Company has no control over the actions of Users or third-parties that may operate websites or other digital resources accessible through the Resources. As such, the Company takes no responsibility for the actions of other Users. Furthermore, while the Company will exercise care in choosing the websites and other digital resources that are officially accessible through the Resources, because it has no control over these websites and other digital resources, and because other Users may, through interactive media, themselves post or provide access to third-party websites and other digital resources, Company disclaims all responsibility for the contents of these third-party website and other digital resources, and advises Users to exercise care when following links that take them to websites or other digital resources, operated by third-parties, outside of Resources.
7. Publishing of Blog Posts and Articles. From time to time Company may choose to publish blog posts or articles, either written by Company staff, contractors, or guest writers. The contents of these blog posts are intended for general demonstrative and informational purposes only. Nothing contained therein constitutes professional educational services provided to any audience and by publishing such blog posts or articles, Company does not guarantee any results for anyone who relies on their contents.
8. Purchasing Services from Company. If you choose to purchase tutoring or other services from the Company, then the terms of your services agreement will govern that transaction. In the event of any conflict between the terms of your services agreement and those in these Terms and Conditions, the terms of your services agreement will control.
9. Credit Card Transactions. You represent and warrant that if you are purchasing something from Us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
10. Digital Millennium Copyright Act (“DMCA”) Notices. The Company respects the intellectual property rights of everyone. If you believe that your intellectual property rights have been violated by copyrighted material posted by a third party on or through the Resources, then the Company will take prompt action to investigate your allegation and take appropriate action so long as you provide notice to the Company’s designated agent:
Attn: DMCA Notice
Eclipse Tutoring, LLC
11202 NE 68TH AVE
Vancouver, WA 98686
An email sent to ETLLCWebmaster@gmail.com will assist in expediting the handling of your notice.
However, because of its inherent unreliability, the email communication, in itself, should not be deemed sufficient notice. If the Company does not actually receive an email notice and no mailed notice is sent, then your notice may not have its desired effect.
All DMCA notices MUST contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the 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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Brand Assets Belonging to the Company. The following are Brand Assets belonging to the Company. The Company claims and reserves all rights to such Brand Assets and the intellectual property contained therein. Use other than as licensed or as reasonably permitted by the Fair Use Doctrine, is strictly prohibited. In particular, you may not utilize the Company’s Brand Assets: a) in a manner that might deceive or confuse the public; b) in a manner that implies that you own or control the the Brand Assets; c) in a manner that implies that you or your organization is affiliated with the Company unless you actually are and receive a license to use the Brand Assets in such a manner; d) in a manner that suggest that the Company sponsors or endorses you, your organization or your product/service; e) in a manner that confusingly combines your Brand Assets with those of the Company; f) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if the Company’s Brand Assets are featured more prominently than other branding material on the site; or g) on your website or other digital presence vehicle (including social media sites or accounts owned or controlled by you) if said website or digital presence vehicle promotes pornography, gambling, underage smoking or drinking, or any unlawful activity. Whenever you reference the Company’s Brand Assets, you are required to use the “™” designator following it at least once in any document, web page or other digital presence vehicle.
a. Eclipse Tutoring, LLC™
b. Eclipse Tutoring™
The following logos are trademarks owned by the Company and are considered Company Brand Assets. The Company does not permit the use of logo Brand Assets except as specifically licensed in writing:
a.
b.
12. Brand Assets Belonging to Third Parties. The logos, trademarks, slogans, service marks and copyrighted material (collectively “Third Party IP”) presented, profiled or referenced in Resources operated by Company belong to their respective owners. Such presentation, profiling or referencing is for informational, critique, and educational purposes only and is not intended in any way to assert any rights over such Third Party IP or in any way imply that the owners of such Third Party IP endorses or sponsors either Company or other owners of such Third Party IP.
13. Commercial Solicitation List. From time to time, Company may offer You the opportunity to be part of a Commercial Solicitation List. Participation in the list is completely voluntary, must be initiated by You affirmatively using an “opt-in” process, and may be terminated at any time by specified action on Your part. Participation may provide you with exclusive or improved access to certain information, products or services, or may provide you with special access to negotiated offers from third-party businesses. Company will utilize industry standard best practices, including dedicated software solutions, in best efforts to ensure You are not added to any such Commercial Solicitation List except by your express request and that any Unsubscribe requests are honored promptly. The management of any such Commercial Solicitation List will also comply with Company’s Privacy Policy.
14. Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms and Conditions.
15. Change to these Terms and Conditions. The Company may unilaterally change any of the provisions herein if, in its sole discretion, it believes the change to be appropriate. Upon any change, the new version of this Agreement will be posted on the main website for the Company and reasonable steps will be taken to inform Users of such changes. Users are responsible for checking for amendments from time to time and for reviewing the newly posted Terms and Conditions when informed of their existence.
16. Mandatory Arbitration. Any disputes relating to this Agreement and to the Resources, shall be resolved by binding arbitration only, and the parties hereby waive their otherwise inherent right to file a lawsuit in a court of competent jurisdiction for relief. This means that by accepting this Agreement, you are waiving your right to file a lawsuit in court and to form a class for purposes of a class action lawsuit. Prior to commencing with arbitration, any aggrieved party is strongly encouraged to contact the Company’s dispute resolution center at: ETLLCWebmaster@gmail.com. If arbitration becomes necessary, then the parties agree that it shall be conducted in the following manner:
a. The arbitrator may be any appropriate arbitrator or consumer arbitration provider as agreed to between the parties. If the parties are unable to select a mutually acceptable arbitrator or arbitration service, then each party shall select an individual arbitrator and the arbitrators shall jointly select a third arbitrator, and the third, selected, arbitrator shall preside over the arbitration.
b. Upon the conclusion of the arbitration, the most prevailing party shall be entitled to its reasonable attorney’s fees and costs, and the other party shall be responsible for the entire cost of the arbitration proceedings including the cost of the arbitrator.
c. All arbitration proceedings shall be conducted by telephone, video-conferencing and/or any other equally accessible electronic or digital means.
d. Neither party shall have the opportunity to present or communicate to the arbitrator in person prior to the rendering of a decision, unless the presentation or communication is mutually agreed upon.
e. Any award resulting from arbitration may be filed in any court of competent jurisdiction. If the party who is required, by an arbitration award, to pay damages does not pay such damages within a reasonable period of time and legal action is necessary to enforce said award, then the party enforcing the award shall be entitled to its reasonable attorney’s fees and costs for such enforcement action.
f. Arbitration awards shall be final and shall not be subject to appeal into a court of competent jurisdiction even if such an appeal is allowed by court rules pertaining to mandatory arbitration of legal disputes in any relevant jurisdiction.
g. If any portion of this Mandatory Arbitration section is found by a court of competent jurisdiction to be unenforceable for any reason, then said portion shall be removed and the remainder of the section shall be enforceable as if the unenforceable provision was never a portion thereof.
17. Venue. Venue for any legal action requiring an action in court, including any legal action to enforce the Mandatory Arbitration provisions herein, shall only be proper in a State or Federal court of competent jurisdiction, physically located within Clark county, in the State of Washington.
18. No Class Action. User agree to, by accessing, using, referencing or linking to Resources, relinquish and permanently and irrevocably waive any right they might otherwise have under state or federal law to form a class to undertake a class action lawsuit against Company, its officers, shareholders, employees or agents. Instead, all Users acknowledge their right to individually seek redress and/or address any concern they may have about Resources by undertaking actions consistent with the Mandatory Arbitration provisions of these Terms and Conditions.
19. Choice of Law. These Terms and Conditions are created under the laws of the State of Washington, and for all purposes shall be interpreted under Washington State laws governing contractual transactions between Washington State residents.
20. No Legal Notices Accepted. The Company does not, by operating the Service or any other website, social media account or other digital presence, consent to service of legal notice of any sort whatsoever, by way of delivery through resources associated with the Service or such other website, social media account or other digital presence, including any email addresses that may be found therein. Instead, any such legal notices shall be served in the manner otherwise directed by applicable law.
21. Severability. If a court of competent jurisdiction finds that any portion of these Terms and Conditions to be unenforceable, or if any of these Terms and Conditions conflict with any agreements that the Company has with third-parties (such as operators of social media services to which the Company has subscribed) then said unenforceable or conflicting portion(s) shall be severed and the remaining portions shall be enforceable as if the unenforceable portion was never a part of these Terms and Conditions to begin with.
Eclipse Tutoring was founded in 2014 by Angeline Hood and Richard Hood. Eclipse Tutoring is registered in Washington State as an LLC.
All content on this site is Copyrighted © with all rights reserved by Eclipse and Eclipse Tutoring, LLC 2014-2020
The Eclipse logo is proprietary to Eclipse and Eclipse Tutoring, LLC and trademarked ™ 2014-2020