Terms of Service

Terms of Service

Welcome to WIZDM, an online learning community. The WIZDM website and service including (without limitation) wizdm.org and all other websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Jewish Heritage Connection Inc, a registered Section 501(c)(3) nonprofit organization (referred to in these Terms of Service as “WIZDM” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including but not limited to users who are simply viewing content available via the Service, users who have registered as members of WIZDM, and teachers, mentors, personnel, or administrators associated with any individual, entity, or group affiliated with or using the Service.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 21, 2020.

Description of Service

The WIZDM Service allows students to share ideas and participate in classes that they are interested in taking, and allows teachers and mentors to find students interested in taking their classes.

We reserve the right to refuse to provide the Service to any person for any reason and to discontinue the Service in whole or in part at any time, with or without prior notice.

Copyright, Licenses and User Submissions

The entire contents of the Service are protected by United States (“U.S.”) and international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Jewish Heritage Connection Inc, WIZDM, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, TRANSLATE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT EXPRESS PRIOR WRITTEN CONSENT FROM WIZDM. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material with anyone else who has not also been granted a license for that material.

If you translated and/or modified, in any manner, any of the material on the Service and/or related to the Service, including text, graphics, code and/or software, WIZDM shall have sole ownership of such modified and/or translated material and shall have the right to use such modified and/or translated material in any way it deems appropriate.

Any individual, entity, or group (“Holder”) that enters into any affiliation, partnership, relationship, or use of the Service which involves the use of Holder’s intellectual property, including but not limited to Holder’s logos, trademarks, copyrights, proprietary information, or indicia of identity (“Holder’s Intellectual Property”), in combination with the Service grants WIZDM a non-exclusive, royalty-free, worldwide, perpetual license to Holder’s Intellectual Property, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform Holder’s Intellectual Property. Holder also grants to WIZDM the right to use Holder’s name in connection with the Service and other information as well as in connection with all advertising, marketing and promotional material related thereto. Holder agrees that it shall have no recourse against WIZDM for any alleged or actual infringement or misappropriation of any proprietary right in Holders Intellectual Property as related to its use in conjunction with the Service. Holder further represents and warrant that Holder owns or has the necessary licenses, rights, consents and permissions to Holder’s Intellectual Property (and all content included therein), including the right to authorize WIZDM to use Holder’s Intellectual Property in the manner contemplated by the Service and these Terms of Service. Holder further agrees that it shall be Holder’s sole responsibility to verify and/or confirm any information contained in Holder’s Intellectual Property prior to using it or relying on it, in connection with the Service.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by WIZDM in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by WIZDM in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WIZDM or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the WIZDM name or trademarks without the express written consent of WIZDM.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. WIZDM does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize WIZDM to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

In addition to User Submissions, the Service may be presented in such a way as to permit comments (“Comments”) with respect to certain content. You understand and agree that with respect to any Comments, the WIZDM does not control the Comments. The WIZDM cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any Comments or for verifying the identity of anyone posting a Comment. Although the WIZDM will try to monitor Comments on the Service and flag and/or remove Comments which the WIZDM finds unsuitable (as determined in its sole and absolute discretion) the WIZDM shall be under no obligation to do so and shall have no liability to any party for failure to monitor or remove any Comments or User Submissions. Prior to being granted access to post Comments, individuals may be required to input or provide certain information, including (but not necessarily limited to) their name and/or email address which may be displayed in connection with their Comment; the WIZDM reserves the right to impose any additional restrictions or requirements with respect to Comments in its sole discretion.

You hereby grant to WIZDM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions, Comments, or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to WIZDM by all means and in any media now known or hereafter developed. You also grant to WIZDM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WIZDM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WIZDM. You further agree that it shall be your sole responsibility to verify and/or confirm any information contained in the User Submission prior to relying on it, in connection with which you assume all risk.

We neither endorse nor assume any liability or responsibility for the contents, accuracy, or legitimacy of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission, Comment, or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, Comment, or the like, whether it is your own or another user’s. See “Copyrights, Licenses, and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

The Service may link to websites or services operated by third parties, and/or parties other than and, unaffiliated with WIZDM. Such links are provided for your convenience only. WIZDM does not control such third-party websites and is not responsible for any content thereon, including any comments posted on such third-party websites. WIZDM’s inclusion of links to such third-party websites does not amount to or imply any warranty or endorsement of the material on such sites or any association with their affiliates, owners, or operators. You agree that WIZDM is not responsible for any such third-party websites and services or any content thereon and you agree to hold WIZDM harmless from any and all claims or liability arising from your use of such third-party websites or services. Any concerns or questions related to third-party websites should be directed to the appropriate contact person for such third party.

WIZDM will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission, Comment, or other content infringes upon your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”). To provide WIZDM notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of support@54.172.254.231 that sets forth the information specified by the DMCA, see www.copyright.gov/title17/92chap5.html#512). The notification must include: (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 WIZDM to locate the material; (iv) Information reasonably sufficient to permit WIZDM 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; and (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. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

You must be 13 years of age or older to use our Service. If you are under the age of 16, you may not use our Service without parental consent. We do not knowingly collect or solicit Personal Data from anyone under the age of 16, unless you are a Student-based User (as defined in the Privacy Policy). If you are under 16, please do not attempt to register for the Service or send any Personal Data about yourself to us unless you are a Student-based User. If we learn that we have collected Personal Data from a child under age 16 who is not a Student-based User, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at support@54.172.254.231.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.

You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. WIZDM will not be liable for any loss or damage from your failure to comply with this security obligation.

Changing Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.

Rules for All Users

WIZDM is a community of learners. When you sign up for the Service, you agree to the following rules:

You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
You assume full responsibility for the content of the Service offered.
You understand that classes posted are publicly available to be viewed and accessed by any student.
You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
You will not share content from the Service with anyone who is not properly licensed to access the content.
You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You will not impersonate any person or entity, including any of our employees or representatives.
You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

Specific Rules for Teachers and Mentors

When you participate or publish content on the Service, you agree to the following rules:

You will honor any enrollments through the Service and time listed in the Service, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.
Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
You represent and warrant to WIZDM that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.
You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
You agree that you will not submit content to WIZDM that violates the WIZDM Community and Class Guidelines, which may be occasionally updated.
WIZDM reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.

Specific Rules for Students

When you enroll in a class or event on the Service, you agree to the following rules:

You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on WIZDM.
You will follow all reasonable rules set by a teacher or mentor with respect to a class, and you will not take any actions to interfere with the teacher or mentor or any other students in the class.
You may access class content for your information and personal use only.
You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.
WIZDM reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

Data Policy

When a student signs on, registers, enrolls, or takes a class or course on WIZDM, we may share the student’s username and profile with the teacher for the purpose of teaching these students on WIZDM. For example, by enrolling in a class on WIZDM, a student grants to us permission to share that student’s information with the teacher. The teacher or mentor is required to respect the privacy of the student. The teacher has a limited license to use this information only for WIZDM-related communications or for WIZDM-facilitated transactions. The teacher or mentor may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use WIZDM. This include applicable data protection and privacy laws which govern the ways in which you can use another WIZDM user’s information.

Please note that the WIZDM reserves the right to share any user data with any partner, school, movement, or organization to further the goals of the WIZDM.

Teaching or Participating in a Class

These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but WIZDM has no control over either party’s compliance. Among other things, WIZDM cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, WIZDM shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIZDM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WIZDM PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Your teaching or participation in a class is at your sole risk. WIZDM does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIZDM AND EACH OF THE OTHER WIZDM PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Cancellations

You may cancel your WIZDM membership at any time for any or no reason.

WIZDM Rights

WIZDM reserves these rights:

We can make changes to the Service without notice or liability.
We reserve the right to remove content from the Service for any reason whatsoever, including that the content does or may or is asserted to violate copyright or other law, or suspend access to the Service (or any portion thereof) to any user for any reason whatsoever.
We reserve the right to terminate any affiliation, partnership, or relationship with any individual, entity, student, teacher, mentor, or group for any reason at any time.
We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use WIZDM in that jurisdiction.
We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We have the right to remove a teacher from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.

WIZDM is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized WIZDM spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

The Classes offered on WIZDM are offered directly by the teachers. WIZDM is not responsible or liable for any information on its Service listings or profiles. WIZDM is not responsible for any changes made to a class by the teacher.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER WIZDM PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE, NOR ANY OTHER WIZDM PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other WIZDM Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over WIZDM, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between WIZDM and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and WIZDM agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and WIZDM are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, we shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and WIZDM concerning the Service and the services provided by WIZDM. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. WIZDM’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. WIZDM may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between WIZDM and you will be sent and received electronically. You agree that all electronic communication between WIZDM and you shall satisfy any legal requirements that such communications be in writing.

Any rights of WIZDM not expressly granted herein are reserved.

The Terms of Service, together with the Privacy Policy, constitutes the entirety of agreements between you and WIZDM and supersedes all prior or contemporaneous agreements, representations, and understandings between you and WIZDM, whether written or oral. There are no representations, promises, warranties, covenants, or undertakings other than those contained on the Terms of Service or the Privacy Policy.