Terms of Service
This Agreement (the "User Agreement") states the terms and conditions under which you may use our web site and tutoring services. Any use by you of the IvySage Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE IVYSAGE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND IVYSAGE. If you do not accept the terms and conditions contained in this User Agreement, do not use the IvySage Service. We reserve the right to make changes to this User Agreement at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services and/or Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.
1. Use of the IvySage Service
IvySage grants you a terminable, non-exclusive, non-transferable license to use the IvySage Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Any such terms and conditions included in this site or the IvySage Service shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
The IvySage Service includes, without limitation, tracking users' favorite tutors, matching users with their best-matched tutors, facilitating and hosting tutoring sessions, and collecting feedback from users and tutors.
As part of the Services, we rigorously screen tutors and require all tutors to pass a third party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of tutors' educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the IvySage Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
2. Privacy Policy
By registering for or using the IvySage Service you acknowledge that you have read and accept the IvySage Privacy Policy. Before registering for or using the IvySage Service, please carefully read the IvySage Privacy Policy. You may access the Privacy Policy by clicking here.
3. Content
The computer software, artwork and other components included in the IvySage Service are the copyrighted property of IvySage and its licensors. The IvySage Service is licensed (not sold) to you, and IvySage owns all copyright, trade secret, patent and other proprietary rights in the IvySage Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the IvySage Service; (b) modify, translate, distribute or prepare derivative works of the IvySage Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the IvySage Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the IvySage Service and accompanying documentation. You may not transfer the IvySage Service. Your license is automatically terminated if you transfer the IvySage Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE IVYSAGE SERVICE AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH IVYSAGE OR ITS LICENSORS, AS THE CASE MAY BE.
4. User Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, the Tutors or the IvySage Service by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future IvySage Service. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the "fair use" doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of "fair use” under copyright law.
You agree that we may record all or any part of any tutoring sessions for quality control and other purposes. We reserve the right to review the tutoring sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of tutoring sessions and all comments that you may provide to us on or through the site, the IvySage Service or any other means, e.g. as part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
Under no circumstances will IvySage be liable in any way for any user posted Content, including, but not limited to, any errors or omissions in any user posted Content, or any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the IvySage Service. By using the IvySage Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the IvySage Service, including user posted Content that may be offensive, indecent or objectionable. IvySage has the right to suspend, restrict or terminate your use of the IvySage Service and to refuse any future use of the IvySage Service (or any portion of the IvySage Service) if IvySage has reason to believe that you are responsible for user posted Content that IvySage deems inappropriate.
5. Registration Information
You agree, as a condition of your use of the IvySage Service, that you may be asked to provide IvySage with accurate and complete information when registering for the IvySage Service. IvySage has the right to suspend, restrict or terminate your use of the IvySage Service and to refuse any future use of the IvySage Service (or any portion of the IvySage Service) if IvySage has reason to believe that you have failed to comply with these requirements.
6. Guarantee
Under certain conditions and for certain of our product offerings, IvySage offers the following guarantees:
First Session Guarantee
We offer a full money-back guarantee for your first session with IvySage. If you are dissatisfied with the session we ask that you contact us with the time, date, duration, and reason for dissatisfaction at info@ivysage.com and your refund (or return of credits at the user’s choice) will be processed.
On-going Satisfaction Guarantee
While we hope that you will be completely satisfied with the IvySage Service, and we are proud that more than 90% of our users give us a ‘5-star’ rating, we know that it might occasionally happen that you have an unsatisfactory experience.
If you do have an unsatisfactory session, please contact us about your experience in a timely manner so that we may investigate, act quickly, and hopefully improve our service.
We will provide a full refund of account credits for any session deemed unsatisfactory. We reserve the right to refuse ongoing service to users who we feel are abusing this policy at our sole discretion.
7. Cancellations and Credit Expiration
All cancellations made less than twelve (12) hours in advance are non-refundable. Any session scheduled less than twelve hours in advance is also non-refundable. All credits purchased for use on the ivysage.com site are good for one full year from the purchase date. Credits unused after one year lost.
8. Your Conduct
As a condition of your use of the IvySage Service, you warrant to IvySage that you will not use the IvySage Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the IvySage Service in any manner that could damage, impair, disable or overburden the IvySage Service or in any way interfere with IvySage’s rights or any other user’s use and enjoyment of the IvySage Service, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, or content accessed by you through the IvySage Service.
The IVYSAGE SERVICE contains confidential trade secret information belonging to IVYSAGE, and you may use the IVYSAGE SERVICE only pursuant to the license set forth herein. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE IVYSAGE SERVICE SOLELY FOR YOUR INDIVIDUAL ACADEMIC TUTORING, TEST PREPARATION TUTORING, AND/OR ADMISSIONS ADVISORY PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO IVYSAGE OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING ACADEMIC TUTORING, TEST PREPARATION TUTORING, AND/OR ADMISSIONS ADVISORY SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IVYSAGE SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
9. Account Security
As an IvySage Service user you will register and receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify IvySage of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify IvySage of any potential breach by sending an email to info@ivysage.com.
10. Restriction and Modification of Service
You agree that IvySage may limit your use of the IvySage Service, including without limitation the frequency and duration with which you may access the IvySage Service. In addition, IvySage reserves the right at any time to modify, limit access to or change the characteristics of the IvySage Service (or any part thereof) with or without notice. You agree that IvySage shall not be liable to you for any modification, suspension or discontinuance of the IvySage Service.
11. Term
The term of this Agreement begins on the date you first use the IvySage Service.
12. Proprietary Rights
You acknowledge and agree that the IvySage Service and any necessary software used in connection with the IvySage Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that the content and information presented to you through the IvySage Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
13. Warranty Disclaimer
YOU AGREE THAT:
(a) If YOU USE THE IVYSAGE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE IVYSAGE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. IVYSAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) IVYSAGE DOES NOT WARRANT THAT (i) THE IVYSAGE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE IVYSAGE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IVYSAGE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE IVYSAGE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE IVYSAGE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM IVYSAGE OR THROUGH OR FROM THE IVYSAGE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. Limitation of Liability
YOU EXPRESSLY AGREE THAT IVYSAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IVYSAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL IVYSAGE’S LIABILITY TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US OR THIRTY DOLLARS ($30).
15. Indemnification
You agree to indemnify, defend and hold harmless IvySage, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the IvySage Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the IvySage Service for competitive purposes.
16. Notice
You agree that IvySage may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the IvySage web site or through the IvySage Service.
17. Trademark Information
IvySage™, the IvySage logo and other IvySage logos, product and service names may be trademarks, service marks or other intellectual property of IvySage Education LLC (the "IvySage Marks"). You agree not to display or use the IvySage Marks in any manner without the prior permission of IvySage.
18. Governing Law, Personal Jurisdiction, and Venue
The laws of the State of New York will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
For the purpose of litigating all such claims, you agree to submit to the personal jurisdiction, and that venue is proper in any court located in New York City or Wilmington, Delaware.
You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use or the IvySage Service exclusively in a state or federal court located in either New York City or Wilmington, Delaware.
1. Use of the IvySage Service
IvySage grants you a terminable, non-exclusive, non-transferable license to use the IvySage Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Any such terms and conditions included in this site or the IvySage Service shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
The IvySage Service includes, without limitation, tracking users' favorite tutors, matching users with their best-matched tutors, facilitating and hosting tutoring sessions, and collecting feedback from users and tutors.
As part of the Services, we rigorously screen tutors and require all tutors to pass a third party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of tutors' educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the IvySage Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
2. Privacy Policy
By registering for or using the IvySage Service you acknowledge that you have read and accept the IvySage Privacy Policy. Before registering for or using the IvySage Service, please carefully read the IvySage Privacy Policy. You may access the Privacy Policy by clicking here.
3. Content
The computer software, artwork and other components included in the IvySage Service are the copyrighted property of IvySage and its licensors. The IvySage Service is licensed (not sold) to you, and IvySage owns all copyright, trade secret, patent and other proprietary rights in the IvySage Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the IvySage Service; (b) modify, translate, distribute or prepare derivative works of the IvySage Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the IvySage Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the IvySage Service and accompanying documentation. You may not transfer the IvySage Service. Your license is automatically terminated if you transfer the IvySage Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE IVYSAGE SERVICE AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH IVYSAGE OR ITS LICENSORS, AS THE CASE MAY BE.
4. User Content
Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, the Tutors or the IvySage Service by any means ("User Content") will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future IvySage Service. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the "fair use" doctrine of copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your tutoring session, as a classic example of "fair use” under copyright law.
You agree that we may record all or any part of any tutoring sessions for quality control and other purposes. We reserve the right to review the tutoring sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of tutoring sessions and all comments that you may provide to us on or through the site, the IvySage Service or any other means, e.g. as part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
Under no circumstances will IvySage be liable in any way for any user posted Content, including, but not limited to, any errors or omissions in any user posted Content, or any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the IvySage Service. By using the IvySage Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the IvySage Service, including user posted Content that may be offensive, indecent or objectionable. IvySage has the right to suspend, restrict or terminate your use of the IvySage Service and to refuse any future use of the IvySage Service (or any portion of the IvySage Service) if IvySage has reason to believe that you are responsible for user posted Content that IvySage deems inappropriate.
5. Registration Information
You agree, as a condition of your use of the IvySage Service, that you may be asked to provide IvySage with accurate and complete information when registering for the IvySage Service. IvySage has the right to suspend, restrict or terminate your use of the IvySage Service and to refuse any future use of the IvySage Service (or any portion of the IvySage Service) if IvySage has reason to believe that you have failed to comply with these requirements.
6. Guarantee
Under certain conditions and for certain of our product offerings, IvySage offers the following guarantees:
First Session Guarantee
We offer a full money-back guarantee for your first session with IvySage. If you are dissatisfied with the session we ask that you contact us with the time, date, duration, and reason for dissatisfaction at info@ivysage.com and your refund (or return of credits at the user’s choice) will be processed.
On-going Satisfaction Guarantee
While we hope that you will be completely satisfied with the IvySage Service, and we are proud that more than 90% of our users give us a ‘5-star’ rating, we know that it might occasionally happen that you have an unsatisfactory experience.
If you do have an unsatisfactory session, please contact us about your experience in a timely manner so that we may investigate, act quickly, and hopefully improve our service.
We will provide a full refund of account credits for any session deemed unsatisfactory. We reserve the right to refuse ongoing service to users who we feel are abusing this policy at our sole discretion.
7. Cancellations and Credit Expiration
All cancellations made less than twelve (12) hours in advance are non-refundable. Any session scheduled less than twelve hours in advance is also non-refundable. All credits purchased for use on the ivysage.com site are good for one full year from the purchase date. Credits unused after one year lost.
8. Your Conduct
As a condition of your use of the IvySage Service, you warrant to IvySage that you will not use the IvySage Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the IvySage Service in any manner that could damage, impair, disable or overburden the IvySage Service or in any way interfere with IvySage’s rights or any other user’s use and enjoyment of the IvySage Service, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, or content accessed by you through the IvySage Service.
The IVYSAGE SERVICE contains confidential trade secret information belonging to IVYSAGE, and you may use the IVYSAGE SERVICE only pursuant to the license set forth herein. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE IVYSAGE SERVICE SOLELY FOR YOUR INDIVIDUAL ACADEMIC TUTORING, TEST PREPARATION TUTORING, AND/OR ADMISSIONS ADVISORY PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO IVYSAGE OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING ACADEMIC TUTORING, TEST PREPARATION TUTORING, AND/OR ADMISSIONS ADVISORY SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IVYSAGE SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
9. Account Security
As an IvySage Service user you will register and receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify IvySage of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify IvySage of any potential breach by sending an email to info@ivysage.com.
10. Restriction and Modification of Service
You agree that IvySage may limit your use of the IvySage Service, including without limitation the frequency and duration with which you may access the IvySage Service. In addition, IvySage reserves the right at any time to modify, limit access to or change the characteristics of the IvySage Service (or any part thereof) with or without notice. You agree that IvySage shall not be liable to you for any modification, suspension or discontinuance of the IvySage Service.
11. Term
The term of this Agreement begins on the date you first use the IvySage Service.
12. Proprietary Rights
You acknowledge and agree that the IvySage Service and any necessary software used in connection with the IvySage Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that the content and information presented to you through the IvySage Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
13. Warranty Disclaimer
YOU AGREE THAT:
(a) If YOU USE THE IVYSAGE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE IVYSAGE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. IVYSAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) IVYSAGE DOES NOT WARRANT THAT (i) THE IVYSAGE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE IVYSAGE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IVYSAGE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE IVYSAGE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE IVYSAGE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM IVYSAGE OR THROUGH OR FROM THE IVYSAGE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. Limitation of Liability
YOU EXPRESSLY AGREE THAT IVYSAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF IVYSAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL IVYSAGE’S LIABILITY TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US OR THIRTY DOLLARS ($30).
15. Indemnification
You agree to indemnify, defend and hold harmless IvySage, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the IvySage Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the IvySage Service for competitive purposes.
16. Notice
You agree that IvySage may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the IvySage web site or through the IvySage Service.
17. Trademark Information
IvySage™, the IvySage logo and other IvySage logos, product and service names may be trademarks, service marks or other intellectual property of IvySage Education LLC (the "IvySage Marks"). You agree not to display or use the IvySage Marks in any manner without the prior permission of IvySage.
18. Governing Law, Personal Jurisdiction, and Venue
The laws of the State of New York will govern these Terms of Use, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
For the purpose of litigating all such claims, you agree to submit to the personal jurisdiction, and that venue is proper in any court located in New York City or Wilmington, Delaware.
You agree to resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use or the IvySage Service exclusively in a state or federal court located in either New York City or Wilmington, Delaware.