IF YOUR KIDS ENROLLED IN OUR ON-CAMPUS CLASSES AND ACTIVITIES, ADDITIONAL TERMS APPLIES. YOU CAN CHECK THESE TERMS HERE.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, WHICH SAYS THAT YOU AND THINK ACADEMY AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS PART OF THE AGREEMENT. SEE SECTION XV.
The terms "We", "Our", "Us", "Company" and "Think Academy" refer exclusively to Think Academy International Education, Inc., a California corporation, and its subsidiaries and affiliates. The terms "You" and "Your" refer exclusively to You, as a subscriber of the Services.
You are welcomed to audit the class. Please remain quiet and respectful when observing the learning process. Any improper behavior that interrupted the classes may result to the suspension of the violator's audition privilege and/or the student's enrollment.
We reserve the right in our sole discretion to access, review or record any and all activity on our Website including, without limitation any files, documents, photos, software, or other materials, information or communications transmitted through or stored on the Website. Materials uploaded to the Website or Our Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
We reserve the right, in our sole discretion, to monitor, restrict, block, discontinue, limit, suspend or terminate your access and use of the Website and the related Services (including our on-line tutoring programs) or any portion thereof at any time, for any reason, without notice. We further reserve the right to edit, remove, delete, or block any and all posts, files, photos, documents, or any other transmission or communication of any kind to and from the Website, as well as any information related to your activities on the Website and your activities related to Our Service.
We do not make any warranty regarding the substance of the information contained in our Website or Service, including its accuracy, usefulness, or authenticity. We do not guarantee that our Services (including our online tutoring programs) will be available at any given time. We are not liable for any damages caused by any use of this Website, our Service or any information contained therein.
We may alter any information or Service on our Website or suspend or terminate the operation of our Website without prior notice. We are not liable for any damages caused by any such alterations, suspensions, or termination, regardless of the reason thereof.
We may change and substitute our teacher for any class with or without prior notice. We do not make any warranty that the class will be delivered by any specific teacher or tutor.
We make no guarantee as to confidentiality or security of the information you transmit to the Website or provided in connection with our Service. You expressly assume the risk of any unauthorized disclosure or intentional intrusion or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, MISSING PACKAGES, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, INTENTIONAL OR MALICIOUS ATTEMPTS AT INTRUSION INTO YOUR CONFIDENTIAL AND PERSONAL INFORMATION, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED COMPANY SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
For health and safety consideration, We may cancel the class or activity due to force majeure or other reason that is beyond our control, including but not limited to war, terrorism, disease or medical epidemics or outbreaks, extreme weather conditions, utility interruption, governmental action. Think Academy may, at its sole discretion, but is not obligated to, use commercially reasonable efforts to provide make-up classes at a different time or on another premise/platform.
As a consideration to enroll the student into the courses and activities provided by Think Academy, Parent hereby waives, release, and discharges any and all claims for personal injury or property damage that the student or the parent may have against the Think Academy International Education, Inc. The release intends to discharge the Think Academy International Education, Inc., its officers, employees, and representatives from and against any and all liability arising out of or connected in any way with the student's participation in the courses and activities.
To resolve any dispute amicably, you agree to first discuss the dispute informally for at least 30 days by sending us a Dispute Notice to 3100 Steeles Avenue East, Unit 802, Markham ON L3R 8T3.
IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS UPON RECEIVING THE DISPUTE NOTICE, PARTIES HEREBY AGREE TO RESOLVE THE DISPUTE THROUGH A BINDING ARBITRATION, except that (a) you may assert claims in small claims court if your claims qualify and (b) if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.
(1) Unless you Opt Out, You are Agreeing to Resolve Certain Disputes Through Arbitration. Our goal is to resolve disputes fairly and quickly. However, if we cannot resolve a dispute with you, then, except as described elsewhere in Section XV, each of us agrees to submit the Dispute to the ADR Institute of Canada for resolution under its ADRIC Arbitration Rules or, by separate mutual agreement, to another arbitration institution.
(2) To opt out, you must notify the Company in writing to 3100 Steeles Avenue East, Unit 802, Markham ON L3R 8T3 within 30 days of the date that you first became subject to this arbitration provision.
(3) You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. Only claims for money damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court. You may not combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. The arbitrator will decide whether a dispute can be arbitrated.
(4) Before you initiate an arbitration proceeding, you may request that we advance on your behalf (1) the arbitration filing fees (but only to the extent they exceed your local small claims court filing fees) and (2) the portion of the arbitrator's costs for which you would normally be responsible. If the Company wins the arbitration, you will reimburse us for these advances.
(5) If the prohibition against class action and other claims brought on behalf of third parties contained in Section XV is found to be unenforceable, then all of Section XV will be null and void.
(6) This arbitration clause will survive the termination of your Services.