Terms and Conditions

TERMS AND CONDITIONS

Effective Date: June 4, 2021

 

Welcome to Lantern Academy, a virtual learning program that provides various course formats for K-12 education. We offer a variety of programs including LiveCourses, PersonalTutoring, BeyondSchool, SummerBoost, and TailoredLearning (“Program”).

The following Terms and Conditions (the “Terms and Conditions”) govern Your use of http://www.lanternacademy.com (the “Website”). The Website is owned and operated by Lantern Academy Inc. with a principal place of business at 1 Liberty Plaza 3rd Floor, New York, NY 10006 (“We,” “Us,” or “Our”).

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. By accessing the Website, You consent to these Terms and Conditions in electronic form. To withdraw this consent, You must cease using the Website.

You should also read Our Privacy Policy and Program Enrollment Agreement which are incorporated by reference into these Terms and Conditions. Users under the age of 18 must, in compliance with Child Online Privacy Protection Act (COPPA), (a) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms and Conditions, and (b) not access the Website and uninstall any application if his/her parent or legal guardian doesn’t agree to these Terms and Conditions.

If You do not accept and agree to be bound by these Terms and Conditions, do not use the Website or the avail of the Programs offered on the Website.

  1. REGISTRATION

1.1. You are required to submit a completed registration form (“Get Started”) available on-line. You are solely responsible for and You agree to provide true, accurate and complete information.

1.2. We shall not be responsible for the consequences of any of Your information being incomplete, inaccurate or obsolete. You must promptly notify Us of any changes in information provided. Furthermore, You agree to maintain and promptly update Your information when any changes occur in the information You have provided, and to keep it true, accurate, current and complete. If We believe that such information is inaccurate, We reserve the right to suspend or terminate Your use of Our Website and the Programs.

1.3. By submitting Your registration, You are representing that You have the right and capacity to enter into these Terms and Conditions under applicable laws.

1.4. We reserve the right to refuse and reject Your application without assigning reasons. 

  1. PROGRAMS

2.1. Our Program Enrollment Agreement sets forth additional terms applicable to certain Programs You may enroll.

2.2. You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of Our Programs.

2.3. You are responsible for maintaining the confidentiality of Your information and for all activities and liabilities associated with or occurring under Your enrollment. You must notify Us immediately of any unauthorized use of Your enrollment. You may not transfer Your enrollment to another person and You may not use anyone else’s enrollment at any time. You may not use any means to circumvent Our access, registration, or payment systems.

  1. MEDIA RELEASE CONSENT

3.1. From time to time, We may collect media during the routine administration of the Programs. Such media includes, but is not limited to, digital or analog photography, sound recordings, or video recordings. This media may be used in promotional and advertising materials disseminated to the public through print or digital channels, and through any other channel deemed appropriate and safe by Us. This media may include the likeness or sound of students, either individually or in a group setting.

3.2. Unless otherwise indicated at the time of registration, You give Us permission to collect, use, edit, reproduce, and publish this media in perpetuity, in any medium or form of distribution, including but not limited to Our Website, email marketing, or social media posts, or in any other manner as determined by Our sole discretion. You release Us from any expectation of confidentiality on Your behalf. You acknowledge that You will not receive financial compensation for the use of this media. You further agree that the use of the aforementioned media by Us confers no rights of ownership whatsoever to You. You hereby release Us, Our contractors, and Our employees, from liability for any claims by You or any third party arising from the use of media containing Your likeness or sound. This consent will remain in effect until changed in writing via email to info@lanternacademy.com.

  1. RECORDING OF TUTORING SESSIONS

4.1. You agree that We may record all or any part of any live online classes and tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that We own all transcripts and recordings of such sessions, and You hereby irrevocably assign to Us all rights in all such transcripts and recordings. The recordings will be accessible only to the Lantern Academy operations staff and to the individual student, and parent and legal guardian, under strict security and password control.

  1. ACADEMIC HONESTY

5.1. Our Programs are provided for the purpose of facilitating learning, not cheating. You shall not use the Programs to inquire about, engage in or aid or assist anyone with any form of academic dishonesty (for example, completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, or completing work in violation of academic policies or other conduct policies of a school, university, academic institution or workplace.

  1. NO GUARANTEES

6.1. We cannot and do not guarantee any particular score, grade or outcome. Past results associated with Lantern Academy or with any of its students, tutors, teachers and Programs are not a guarantee of performance or of any particular result.

  1. TECHNOLOGY

7.1. We use proprietary, licensed third-party technologies, and free technology products. While all attempts are made to ensure stability and availability of technologies used by Us, We cannot guarantee uptime. You are solely responsible for all service, telephony and/or other fees and costs associated with Your access to and use of the process/services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

  1. PROPRIETARY RIGHTS

8.1. As between You and Us, We own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Website, and all materials and content related to Our Programs even if the materials or content are not accessed through the Website. Your use of the Website does not grant to You ownership of any content, software, code, data or materials You may access on the Website.

  1. LIMITED LICENSE

9.1. You may access and view the content on the Website on Your computer or other internet compatible device, and make single copies or prints of the content on the Website for Your personal, non-commercial use only. To the extent You need to download software or documentation to use the products or services on the Website, We grant You a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such a license will terminate when You no longer use the products or services. The Website and the Programs, including any content and materials, are only for Your personal, non-commercial use. We reserve the right to change or make corrections to the operation of, or any information available on, the Website at any time and without prior notice.

  1. SUBMITTED MATERIALS

10.1. Any ideas, suggestions, survey responses, or testimonials that You submit to Us or information You submit or post to Our chat rooms, message boards, and/or Our blogs (“Submitted Materials”) will be deemed not to be confidential and may be used by Us for any purpose. By submitting or sending Submitted Materials to Us, You: (i) represent and warrant that the Submitted Materials are original to You, that no other party has any rights thereto, and that any & “moral rights”; in Submitted Materials have been waived, and (ii) grant Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute such material (in whole or part). We are not responsible for maintaining any Submitted Material that You provide to Us and We may delete or destroy any such Submitted Material at any time.

10.2. For any academic source materials such as textbooks and workbooks which You submit to Us in connection with the Programs, You represent and warrant that You are entitled to upload such materials under the “fair use” doctrine of copyright law.

  1. ADVERTISING RIGHTS

11.1. We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Submitted Materials. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms and Conditions obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.

  1. CERTAIN OBLIGATIONS AND PROHIBITIONS

12.1. You agree that You will treat Our online tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which You seek help. You agree that You will not disclose any information to Your online tutor or instructor that could be considered personally identifiable information, such as Your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate You. Similarly, You agree that You will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You agree to immediately report this to Us by phone and in writing.

12.2. You agree not to use the Website and the Programs to recruit, solicit, or contact in any form tutors, or potential consumers for employment, or contracting for a business not affiliated with Lantern Academy without Our written permission.

12.3. Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Website or any materials or content related to Our Programs even if the materials or content are not accessed through the Website. If You improperly use the Website, We may aggressively enforce Our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.

12.4. We may investigate and/or terminate Your use of the Website if You misuse the Website or behave in any way that We regard as inappropriate or unlawful. You agree that, while using the Website and the various products, services and features offered on or through the Website, You will not: (i) impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (ii) insert Your own or a third party’s advertising, branding or other promotional content into the Website; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Website.

12.5. You agree to not: (i) engage in spidering, & “screen” scraping &  “database” scraping, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any products, services, or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the products or services offered on or through the Website, including but not limited to any information residing on any server or database connected to the Website or any products or services offered on or through the Website; (ii) use the Website or the products or services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such products or services, including but not limited to sending mass unsolicited messages or & “flooding”& servers with requests; or (iii) use the Website or the Website’s products or services in violation of any applicable law or the legal rights of any third party.

12.6. You agree that You will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Programs, or any content thereof, or make unauthorized use thereof.

12.7. You agree that You will not upload, post, transmit, distribute or otherwise publish through the Website or any product, service, or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website’s products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of Your activities, both on and off the Website.

12.8. If You use, or assist another person in using, the Website or the Programs in any unauthorized way, You agree that You will pay Us an additional $50 per hour for any time We spend to investigate and correct such use, plus any third party costs of investigation We incur (with a minimum $250 charge). You agree that We may charge any credit card number provided on file for such amounts. You further agree that You will not dispute such a charge and that We retain the right to collect any additional actual costs.

  1. RIGHT TO MONITOR AND EDITORIAL CONTROL

13.1. We reserve the right, but do not have an obligation, to (a) monitor and/or review all materials posted to the Website or through the Programs or (b) refuse to post or to remove any information or materials, in whole or in part, that in Our sole discretion are objectionable, violate these Terms and Conditions, or violate applicable law. We may also impose limits on certain features of the forums or restrict Your access to part or all of the forums without notice or penalty if We believe You are in breach of the guidelines set forth in this paragraph, Our Terms and Conditions or applicable law, or for any other reason without notice of liability.

  1. TRADEMARKS

14.1. Trademarks, logos, service marks and trade names (collectively the “Trademarks” that are Ours or Trademarks of any third party displayed on the Website or the Programs may not be used unless authorized by the trademark owner. All Trademarks not owned by Us that appear on the Website or the Programs, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without Our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

  1. COPYRIGHT

15.1. If You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:

15.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

15.1.2. a description of the copyrighted work that You claim has been infringed;

15.1.3. a description of where the material that You claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Us to find the alleged infringing material);

15.1.4. Your address, telephone number and email address;

15.1.5. a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

15.1.6. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

15.2. Notice of claims of copyright infringement should be provided to Our Copyright Agent at info@lanternacademy.com or the following address 115 Broadway, New York, NY 10006.

  1. LINKS

16.1. You may be able to link from the Website to third-party sites, and third-party sites may link to Our Website (“Linked Sites) You acknowledge and agree that We have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by Our affiliates. Links to Linked Sites do not constitute an endorsement or sponsorship by Us of such site or the information, content, products, services, advertising, code or other materials presented on or through such site. Any reliance on the contents of a third party site is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance.

16.2. You agree that if You include a link from any other site to the Website, such link will open in a new browser window and will link to the full version of an HTML formatted page of Our Website. You are not permitted to link directly to any image hosted on the Website or Programs, such as using an “in-line; linking method to cause the image hosted by Us to be displayed on another Website. You agree not to download or use images hosted on Our Website on another site, for any purpose, including but not limited to posting such images on another site. You agree not to link from any other site to this Website in any manner such that the Website, or any page of the Website, is “framed”; surrounded or obfuscated by any third party content, materials or branding. We reserve all of Our rights under the law to insist that any link to the Website be discontinued, and to revoke Your right to link to the Website from any other Website at any time upon written notice to You.

  1. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS

17.1. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on Our Website and elsewhere on the Internet, which are likely to be accessible for a long time and You have no control over who will read them now or in the future. It is therefore important that You are careful and selective about the personal information that You disclose about Yourself and others, and in particular, You should not disclose sensitive, proprietary or confidential information in Your comments to Our public forums.

  1. WEBSITE INFORMATION

18.1. We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.

18.2. Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.

  1. RELEASE

19.1. In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  1. INDEMNIFICATION

20.1. You agree to defend, indemnify and hold Us and Our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material You place on the Website or submit to Us, or Your breach or violation of the law or of these Terms and Conditions. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our defense of such claim.

  1. DISCLAIMER OF WARRANTIES

21.1. THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CLASSES, SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE WEBSITE, IS PROVIDED “AS IS & “;AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ENROLLMENT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

21.2. From time to time, We may make third-party opinions, advice, statements, offers, or other third party information or content available on the Website or from tutors under tutoring services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE WEBSITE.

  1. LIMITATION OF LIABILITY

22.1. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

22.2. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR THE PROGRAMS AVAILABLE ON OR THROUGH THE WEBSITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR THE PROGRAM.

  1. USERS OUTSIDE OF THE UNITED STATES

23.1. We control and operate the Website from Our offices in the United States of America. We do not represent that materials on the Website are appropriate for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. PRIVACY POLICY

24.1. Please refer to Our Privacy Policy for information on how We collect, use and disclose information about You.

  1. TERMINATION

25.1. We may terminate, change, suspend or discontinue any aspect of the Website at any time. We may restrict, suspend or terminate Your access to the Website if We believe You are in breach of these Terms and Conditions or applicable law, You are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

25.2. You may not continue to use the Website if We have terminated or suspended Your access to the Website.

  1. CHANGES

26.1. We reserve the right, at Our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Website and/or the products or services offered on or through the Website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

  1. COMMUNICATIONS

27.1. If You provide Us Your email address, You agree and consent to receive email messages from Us. These emails may be transactional or relationship communications relating to the products or services We offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from Us. You also may sign up, and therefore agree, to receive SMS or text messages on Your mobile phone.

  1. FORCE MAJEURE

28.1. We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  1. ARBITRATION

29.1. All parties to these Terms and Conditions waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Website will be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that You have the right to bring an individual claim against Us in a small-claims court of competent jurisdiction. But whether You choose arbitration or small-claims court, You may not under any circumstances commence or maintain against Us any class action, class arbitration, or other representative action or proceeding.

29.2. Claims. By using the Website, You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between You and Us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but You should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

29.3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Us (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This arbitration agreement will be governed by the Federal Arbitration Act.

  1. APPLICABLE LAWS

30.1. The laws of the State of New York will govern these Terms and Conditions, as well as any claim that might arise between You and Us, without regard to any conflict of law provisions.

  1. MISCELLANEOUS

31.1. Entire Agreement. These Terms and Conditions comprise the entire agreement between You and Us concerning its subject matter.

31.2. Counterparts. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

31.3. No Waiver. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

31.4. Assignment. We may assign these Terms and Conditions to any person or entity without Your consent. You may not assign these Terms and Conditions without Our prior written consent.

31.5. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

31.6. Severability. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

31.7. Survival. Sections 8 ( Proprietary Rights ), 10 ( Submitted Materials ), 11 ( Advertising Rights ), 14 ( Trademarks ), 15 ( Copyright ), 20 ( Indemnification ), 21 ( DISCLAIMER OF WARRANTIES ), 22 ( LIMITATION OF LIABILITY ), 27 ( Communications ), and 29 ( Arbitration ) shall survive any termination or expiration of these Terms and Conditions.

  1. COPYRIGHT NOTICE

32.1. All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2020, Lantern Academy Inc. and/or Our licensors. ALL RIGHTS RESERVED.

  1. NOTICE FOR CALIFORNIA USERS

33.1. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: For any questions or complaints about Us, Our products, services or the Website, please contact Us via e-mail info@lanternacademy.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  1. CONTACTING US

34.1. We are registered in New York under registration number [Number], and Our registered office is at 115 Broadway, New York, NY 10006.

34.2. You can contact Us:

34.2.1. by post, to the postal address given above;

34.2.2. using Our Website contact form;

34.2.3. by telephone, on (844) 215-3135; or

34.2.4. by email, using info@lanternacademy.com.