IvyWrite Terms Of Use
PLEASE NOTE THAT OUR TERMS OF USE HAVE BEEN MODIFIED AS OF APRIL 21, 2021.
These Terms of Use (“Terms”) govern your use of the IvyWrite website, located at https://IvyWrite, any mobile applications, and services (collectively, the “Service”) provided by IvyWrite, LLC (“IvyWrite”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING DISCLAIMERS OF WARRANTIES, MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using the Service you agree to these Terms. If you do not agree to these Terms, please do not access or use the Service.
GENERAL TERMS
IvyWrite provides the Service to users seeking private writing instruction or editing services (“Students”) and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students or any person or entity who views, uses, accesses, or browses the Service. These Terms are entered into by and between IvyWrite and you, and you accept them by: (a) contracting for classes through the Service; (b) using the Service in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Service.
PRIVACY POLICY
We believe it is important to protect the privacy of our users, notify you as to how we use your data to provide the services on the Service to you and inform you of your choice. Please refer to the IvyWrite Privacy Policy at https://IvyWrite/privacy-policy for information on how IvyWrite collects, uses and discloses information about you. The Privacy Policy is incorporated into these Terms by reference.
SERVICES
The Service offers online writing instruction and editing services.
IvyWrite controls and operates the Service from various locations, including the United States of America, and makes no representation that this website is appropriate or available for use in all locations. IvyWrite services may not be available in your location, and available services may vary among locations. IvyWrite does not guarantee delivery of all correspondence between IvyWrite, faculty, and students.
ACADEMIC HONESTY
You acknowledge and agree that IvyWrite's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of, or to hire faculty to complete assignments, applications, or otherwise do work on your behalf. Further, you agree not to use IvyWrite's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
YOUR OBLIGATIONS AND CONDUCT
In consideration of your use of the Service, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving instruction or services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Service (“Registration Data”); (c) to not engage in inappropriate conduct, including, but not limited to, romantic behavior, sexual behavior, harassment, discrimination, violence, and any other conduct IvyWrite deems inappropriate; and (f) to accept all risks of unauthorized access to information and Registration Data.
USE OF SERVICE BY MINORS UNDER SIXTEEN YEARS OF AGE
You are not permitted to use the Service or submit Content to the Service if you are under the age of 16 without the consent of a parent or guardian. Parental Consent to collect the personal information of any minor under sixteen must be provided upon registration by providing a valid credit card or other payment method accompanied with consent to share personal information with us. Without such consent, accounts will not be created and we reserve the right to refuse Service to anyone for any reason not prohibited by law.
USE OF FEEDBACK
Although we welcome you to e-mail us, you should not e-mail us anything that contains confidential or personal information other than your contact information. Our Privacy Policy provides information with regard to how we handle your personal information. With respect to all e-mails you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to, and you grant us a royalty free, irrevocable worldwide license to use any ideas, concepts, or know-how contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
ACCEPTABLE USE
You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that IvyWrite, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Service for any purpose that is in violation of local, state, national, or international law, including, without limitation, wage/hour and working condition laws and regulations;
- Take any action that would undermine or interfere with the use or operation of the Service or any aspect thereof; Use the Service to circumvent our services or contact our Users to create a Competing service;
- Access, download, or copy any information, content and/or materials from the Service through artificial means (including, without limitation, spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit create or encourage the creation of derivative works, modifications, or adaptations of the Service or any information, materials or content thereon;
ELIGIBILITY CONDITIONS
By using the Service, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including, without limitation, sexual, child abuse or domestic violence offenses.
By using the Service, you understand and agree that IvyWrite may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that IvyWrite may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Service.
You hereby authorize IvyWrite to verify the above representations and warranties by you and you acknowledge and agree that IvyWrite shall have the right, but not the obligation, to verify such representations and warranties.
The preceding paragraph notwithstanding, you understand and agree IvyWrite does not, at this time, conduct full criminal background checks of any User. You also understand and agree IvyWrite neither confirms nor denies the validity of information provided by Users and that IvyWrite does not verify that any or all of the Eligibility Conditions are met by Users.
USE OF SERVICE AND FACULTY AT YOUR OWN RISK
You understand and agree to make your own decisions and assessments about persons to engage and that – IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
IvyWrite expressly disclaims, and you expressly release IvyWrite from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
IvyWrite reserves all of its rights under the Communications Decency Act, including, without limitation, its right to remove anything objectionable to IvyWrite in its sole discretion. Alleged improprieties by any User may be reported to IvyWrite by email at hello@ivywrite.com.
THIRD PARTY REPORTS
You hereby consent to IvyWrite collecting, using and disclosing the information in the consumer reports. You understand and agree that IvyWrite may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that IvyWrite shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including, without limitation, any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. IvyWrite reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in IvyWrite's sole discretion.
CONFIDENTIALITY OF IVYWRITE INFORMATION
You may obtain direct access via the Service to certain confidential information of IvyWrite, its affiliates, users (both students and Faculty), including, without limitation, technical, contractual, product, program, pricing, marketing, contact information, attendance, usage data and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All rights, titles and interests in the Confidential Information remains with IvyWrite and its affiliates.
The Terms impose no obligation upon you with respect to information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from IvyWrite, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of ConfidentialInformation and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms, is disclosed after prior notice to IvyWrite adequate to afford IvyWrite the opportunity to object to the disclosure.
TERMS OF TRANSACTING BUSINESS
You understand and agree to abide by IvyWrite's payment policies and scheduling policies. Such policies can be found here and may be subject to change any time with or without notice.
You agree to pay the fees set forth at the time you register and/or purchase services. You authorize us and our payment providers to charge such fees as a condition to access and use such services. Fees are not- refundable. In addition to the hourly and per-course rates charged by IvyWrite, you may be charged cancellation fees.
TEXT MESSAGE NOTIFICATION
Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
Questions
For help or more information, email hello@ivywrite.com.
CONTENT PROVIDED VIA LINKS
You may find links to other websites or resources on the Service. You acknowledge and agree that IvyWrite is not responsible for the availability of such external sites or resources, we make no representations as to the accuracy or content of such third party websites and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
OUR INTELLECTUAL PROPERTY RIGHTS
LIMITED LICENSE AND RESTRICTIONS
IvyWrite grants you permission (which may be revoked at any time for any reason or no reason) to use the Service for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by IvyWrite, you may not deep-link to the Service for any purpose or access the Service manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Service or any information, content, or material on the Service. IvyWrite reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Service or any content contained therein, whether in whole or in part, without prior written consent from IvyWrite. You may like or follow IvyWrite or share links to the Service via social networking technology referenced on the Service.
Any rights not expressly granted herein are reserved.
“IvyWrite Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations IvyWrite uses in connection with its products and services. You may not remove or alter any IvyWrite Trademarks, or co-brand your own products or material with IvyWrite Trademarks, without IvyWrite's prior written consent. You acknowledge IvyWrite's rights in IvyWrite Trademarks and agree that any use of IvyWrite Trademarks by you shall inure to IvyWrite's sole benefit. You agree not to incorporate any IvyWrite Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by IvyWrite on this Service provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed Content.
COPYRIGHT INFRINGEMENT
IvyWrite respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with IvyWrite and the Service, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. IvyWrite reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Service infringes your copyright, you (or your agent) may send IvyWrite. a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow IvyWrite to locate the content or material within the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) 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; and (g) the date of notification.
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
TERMINATION AND SUSPENSION
IvyWrite reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Service after termination or during suspension.
DISCLAIMER OF WARRANTIES
USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND“WITH ALL FAULTS” BASIS.
IVYWRITEDISCLAIMSALLEXPRESSORIMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. IVYWRITE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE. IVYWRITE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM FACULTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
LIMITATION OF LIABILITY
NO LIABILITY FOR ACTS OF USERS (INCLUDING FACULTY)
THE SERVICE OFFERS A PLATFORM FOR THOSE SEEKING WRITING INSTRUCTION AND EDITING SERVICES. YOU UNDERSTAND AND AGREE THAT IVYWRITE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SERVICE AND THAT IVYWRITE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER OR ANY THIRD PARTY CONTENT POSTED TO THE SERVICE OR SERVICES BY USERS. YOU UNDERSTAND AND AGREE THAT IVYWRITE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SERVICE, OF ANY USER, INCLUDING FACULTY. AS SUCH, IVYWRITE EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES IVYWRITE FROM, ANY AND ALL LIABILITYWHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SERVICE.
IVYWRITE WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. IVYWRITE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
NO LIABILITY FOR ACCESS TO INTERNET OR SERVICE/SERVICE FEATURES
IvyWrite recognizes that the traffic of data through the Internet may cause delays during the download of information from the Service and accordingly; you agree that you shall not deem IvyWrite liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service will not be available on a continual twenty-four (24) hour basis due to such delays, or delays caused by our upgrading, modification, or standard maintenance of the Service, the features of which may be changed or deleted at any time with or without notice.
LIMITATION ON DAMAGES
TO THE FULL EXTENT PERMITTED BY LAW, IVYWRITE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF IVYWRITE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SERVICE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CAP ON LIABILITY
IN NO EVENT SHALL IVYWRITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO IVYWRITE, OR (B) $100 (WHICHEVER IS LESS).
YOU AND IVYWRITE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND IVYWRITE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
EXCLUSIVE REMEDY
IF YOU ARE DISSATISFIED WITH THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 17.
ASSUMPTION OF RISK
You agree and understand that you assume all risks when using the Service, including, without limitation, any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users. ANY INAPPROPRIATE CONDUCT, INCLUDING ROMANTIC OR SEXUAL BEHAVIOR MUST BE IMMEDIATELY REPORTED TO HELLO@ivywrite.com, AND NO FURTHER CONTACT SHOULD BE MADE BETWEEN USERS. FAILURE TO REPORT INAPPROPRIATE CONDUCT WILL RESULT IN IMMEDIATE REMOVAL FROM IVYWRITE'S PLATFORM.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless IvyWrite and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by IvyWrite in any way related to your (a) acts and/or omissions on or off the Service; (b) violation of any rights of another, including, without limitation, any alleged infringement of intellectual property or other right of any person or entity relating to the Service; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Service, including, without limitation, any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including, without limitation, with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including, without limitation, such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing and scheduling services; (m) use of phone support services; (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site and/or (o) any Content you provide to the Service. You further agree that you will cooperate as requested by IvyWrite in the defense of such claims. IvyWrite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of IvyWrite without the written consent of IvyWrite.
INJUNCTION
You agree that any material breach of the Terms will result in irreparable harm to IvyWrite for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, you agree that IvyWrite will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if IvyWrite seeks such an injunction.
NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
IvyWrite may provide notice to Users via email, regular mail, or posting notices or links to notices on the Service. IvyWrite reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. IvyWrite may also delete, or bar access to or use of, all related information and files. IvyWrite will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. IvyWrite may amend these Terms at any time by posting the amended terms on this Service.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the substantive laws of the State of Massachusetts without regard to choice of law provisions.
ASSIGNMENT LIMITATIONS AND PROHIBITIONS
To the extent permitted by law, IvyWrite may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use IvyWrite or third-party products or services. Any unpermitted assignment is void, and any other assignment shall inure to the benefit of IvyWrite and its successors, assigns ,licensees and sublicensees. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
REFUNDS AND CANCELLATIONS
Classes are intended to occur as scheduled. Classes can be rescheduled or cancelled with Appropriate Notice. "Appropriate Notice" is at least 24 hours prior to the scheduled Lesson time. In the case of rescheduling or cancelling a Lesson, the rescheduling party must reschedule or cancel by contacting us at hello@ivywrite.com as soon as reasonably possible and at least 24 hours before the Lesson is scheduled to occur.
Payments are nonrefundable. There are no refunds or credits, including for missed classes. Following any subscription cancellation, however, you will continue to have access to the credits that you have purchased. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If, following the Student's first Lesson, the Student is dissatisfied with that Lesson, the Student should contact hello@ivywrite.com within twenty-four (24) hours of the Lesson, and we will work with the Student to reschedule the Lesson, find a different Teacher, and/or refund the Lesson price. This does not apply in any case where the Student has already taken at least one lesson, misses a Lesson, or is late to a Lesson.
If a Student is more than ten minutes late to or does not attend a Lesson, and the Student has not rescheduled the Lesson, the Student will not receive any Refund for the Lesson.
We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control. If a Teacher is unable to provide a Lesson due to a Student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, IvyWrite generally will not provide a Refund to Student. And if a Student feels that a Teacher’s conduct renders the Lesson impossible, the Student should inform IvyWrite within twenty-four (24) hours. All such situations, and any discussions concerning Refunds stemming therefrom, will be handled on a case-by-case basis.
QUESTIONS?
If you have any questions, feel free to contact us at hello@ivywrite.com