Terms of Use

9. Specific Obligations of Users using the Site

As a User in search of Courses and/or engaging Instructors, you agree that:

 

• You have read, understood, and agree to be bound by the pricing information (see the Instructor Premium Pricing, Royalty Fees and Advertising section below) before using the Site or registering for a Course;
  
  
• If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting an Instructor, or registering for a Course.
  
  

You also agree that you will not do any of the following on or through the Company Products:

 

• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
  
  
• post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
  
  
• manipulate or interfere with the Company Products;
  
  
• reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content and Services or other content obtained from any Company Products without our express written permission or the permission of the Instructor who authored such Submitted Content and Services, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to an Instructor as part of a Course;
  
  
• disclose any information to an Instructor that could be considered personally identifiable information including, but not limited to, your full name, address, telephone number, email address, Social Security number, password or any other information that could be used to identify or locate you; and
  
  
• solicit personal information from any Instructor, and agree that if any Instructor ever discloses such information to you or asks you for any personal information, you agree to immediately report this to us in writing to [email protected].
  
  

10. Courses

StraighterLine and Instructors of the Courses reserve the right to cancel, interrupt or reschedule any Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Courses offered are subject to the Warranty Disclaimer and Limitation of Liability sections below.

 

Except as set forth below, you acknowledge that neither StraighterLine nor any Instructor will be involved in any attempts to get the Course recognized by any educational or accredited institution.

 

The format of the StraighterLine transcript will be determined at the discretion of StraighterLine, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.

 

You may not take any Course offered by StraighterLine as part of any tuition-based or for-credit certification or program for any college, university, or other academic institution without the express written permission from StraighterLine. Such use of a Course is a violation of these Terms of Use.

 

You acknowledge that the Courses will not stand in the place of a course taken at an accredited institution, and do not convey academic credit until or unless recognized by an accredited college or university.

 

StraighterLine Articulation Agreements. StraighterLine has entered into articulation agreements (“StraighterLine Articulation Agreements”) with accredited colleges and universities which set forth the specific course equivalencies for Courses at those institutions. Terms of the StraighterLine Articulation Agreements that are applicable to whether the applicable institution will recognize a Course upon your admission for academic credit and how it would fit within such institution’s degree plans are set forth on the Site. In no instance is any college or university that is a party to an Articulation Agreement (each, a “Partner College”) required to admit you into any program at that institution as a result of you taking or completing any Course. In all cases, Partner Colleges make all decisions on admission to those institutions. A Partner College may recognize some Courses for academic credit upon admission but not recognize other Courses. You must confirm directly with the applicable Partner College for any Course not specifically subject to a StraighterLine Articulation Agreement how and whether such Course may be recognized for Credit.

 

ACE Credit. All Courses have been evaluated and recommended for credit by the American Council of Education’s ACE CREDIT Recommendation Service (“ACE Credit”). The ACE Credit College and University Network is a group of more than 2,000 higher education institutions that consider ACE credit recommendations for transfer to degree programs. Ultimately, every college and university has the discretion to accept credit for ACE CREDIT recommendations as they see fit, so you must contact the college where you intend to apply before starting the application process to find out their policies beforehand.

 

11. Registration and Identity Protection

To use certain Company Products, you will need to register for a personal account on the Site (a “MyLine Account”) by providing an email address and password for your MyLine Account. You agree that you will never divulge or share access or access information to your MyLine Account with any third party for any reason. You also agree to that you will create, use, and access only one MyLine Account, and that you will not access the Site using multiple accounts.

You must notify us (a) immediately of any unauthorized use of your MyLine Account and any other breach of security, and (b) ensure that you exit from your MyLine Account at the end of each Course. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your MyLine Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your MyLine Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your MyLine Account, excluding only uses following your notification to us of unauthorized access to your MyLine Account.

All Instructors are subject to our approval, which we may grant or deny in our sole discretion. You may not transfer your MyLine Account to any other person and you may not use anyone else's MyLine Account at any time. For additional information on how we use your information, please see our Privacy Policy.

 

20. Refunds

The following Refund Policy applies to all paid Company Products, including Memberships and Course Enrollment Fees.

IMPORTANT NOTE: You will not be entitled to any refund if a membership or other Company Product has been canceled or is no longer accessible due to a violation of these Terms.

 

Memberships

• Monthly Memberships. Monthly Membership fees are non-refundable and are charged automatically on each renewal date (i.e. monthly) until you cancel. You may cancel at any time during the month. Any amounts paid prior to your cancellation are not refundable. To cancel your Monthly Membership, sign in to your MyLine Account.
  
  

  It is never possible to cancel your Monthly Membership by telephone.

 

Courses. StraighterLine Course Enrollment Fees are non-refundable.

 

Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your MyLine Account and refuse or restrict any and all current or future use of the Company Products, without any liability to you. Tests, EBooks, Proctoring and Other Services. Purchases of Tests, EBooks, Proctoring and other Services are non-refundable.

 

Bundles. From time to time, Company may offer Users bundled memberships and Courses at a discount to the then available full aggregate retail prices of those items (“Bundles”). For Bundles, the total price paid will first be allocated to the then full retail price of the applicable membership. The remainder will be allocated on a pro-rata basis to the Courses.

 

For example, the Company offers a Freshman Year Plan for $1299 from time to time that includes a 12-month annual membership and 10 Courses. In this case, $899 is allocated to the 12-month annual membership and $40 is allocated to each Course ($400 total for the Courses in total). A User requesting a refund of any of the 10 courses within the thirty (30)-day, no-questions-asked money back guarantee period would receive a refund of $40 for each requested course refund. Any refund requested related to the Annual Membership would be subject to the policy set forth above.

 

Instructors. You, as an Instructor, acknowledge and agree that Users have the right to receive a refund under certain circumstances as set forth in this section. Instructors shall not receive any payments, fees or commissions for any transactions for which a refund has been granted. In the event that a User requests a refund after Company has sent a payment for that Instructor Premium and/or Referral Fee, StraighterLine reserves the right to either (1) deduct the amount of that payment from the next payment to be sent to that Instructor, or (2) require that Instructor to refund any amounts so paid to the extent no additional payments are due from Company to Instructor or such payments due Instructor are insufficient to cover the previous payment of that Instructor Premium and/or Referral Fee.

 

Additional Notes. Recurring payment systems run on a specific schedule. Please cancel your membership at least 24-hours before you expect your renewal to take place to prevent un-wanted charges.

Modification. StraighterLine reserves the right to revise the terms of this Refund Policy. Any changes made will apply to all memberships created or renewed after the date such change was implemented.

 

21. Payment

Users. StraighterLine accepts these forms of payment: credit cards issued by U.S. banks and payments through your PayPal account (though this option may not be available for purchase of a Monthly Membership that requires recurring billing set-up). If a credit card or your PayPal account is being used for a transaction, StraighterLine may obtain pre-approval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.

 

You agree that you will pay for all Company Products you purchase via the Site, and that StraighterLine may charge your credit card or PayPal account for any product or service purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You agree and acknowledge Monthly Membership fees are non-refundable and are charged automatically on each renewal date (i.e. monthly) until you cancel. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING STRAIGHTERLINE WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the MyLine Account registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in your MyLine Account on the Site; this may temporarily disrupt your access to Company Products while StraighterLine verifies your new payment information.

 

Your total price will include the price of the Company Product and may include any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase. We will charge tax only in states where digital goods are taxable.

 

All purchases are final.

 

Prices for Company Products may change at any time and you are not entitled to any price protection or refunds in the event of a price reduction or promotional offering.

 

If a Company Product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Company Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by StraighterLine.

 

StraighterLine reserves the right to close accounts and request alternative forms of payment if discount codes or other promotional codes or coupons are fraudulently obtained or used for Company Products.

 

Instructors

Company will issue payment for any amounts due to Instructors for Instructor Premiums and/or Referral Fees by the last day of the month following the month in which such payment was earned. Payment shall be made in U.S. Dollars unless otherwise agreed to in writing by Company, and shall be remitted via check or PayPal. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.

 

22. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

Company's intellectual property policy is to (a) remove material that Company believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Company Products, and (b) remove any Submitted Content posted to the Site by "repeat infringers." Company considers a "repeat infringer" to be any User that has uploaded Submitted Content and Services to the Site and for whom Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content and Services. Company has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Company's own determination. Infringing activity on or through the Company Products is strictly prohibited.

 

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Company Products has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
  
  
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  
  
• Identification of the specific 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 Company to locate the material;
  
  
• Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  
  
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  
  

You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.

 

Designated Agent Contact Information. Company's Designated Agent for notices of claimed infringement can be contacted at:

 

• Via E-mail: [email protected]
  
  
• Via U.S. Mail: StraighterLine, Inc., 1201 South Sharp Street, Suite 110, Baltimore, MD 21230 Attn: Copyright Department
  
  

Counter Notification. If you receive a notification from Company that material made available by you on or through the Company Products has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Company with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:

 

• A physical or electronic signature of the subscriber;
  
  
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  
  
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  
  
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under Section 0 above or an agent of such person.
  
  

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

 

False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

 

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).

 

Company reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

 

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at [email protected] or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Company, the operation of the Company Products or any other matter should be sent to [email protected].

 

23. Links

As you use the Company Products you may notice links to third-party websites ("Third Party Sites"). This may include Instructors sending links to Third Party Sites and/or causing Third Party Sites (such as tutoring, proctoring, study resources or online education pages) to pop-up for your review. These links are for convenience only. If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of Company proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Company. Company is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Company of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.

 

YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.

 

24. Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the Company Products or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Company Products or in connection with the Company Products or Company Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.

 

25. Warranty Disclaimer

YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN OR OBTAINING INFORMATION FROM A COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT AND SERVICES, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, INSTRUCTIONAL INFORMATION, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH PRODUCTS, CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT ARE INACCURATE, HARMFUL, DANGEROUS, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO. THE SITE, PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, SERVICES AND COMPANY PRODUCTS ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, SERVICES AND COMPANY PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE, PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, SERVICES AND COMPANY PRODUCTS. COMPANY DOES NOT WARRANT THAT THE SITE, PROFESSOR DIRECT PLATFORM,SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT,SERVICES AND COMPANY PRODUCTS WILL MEET INSTRUCTOR’S OR USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, SERVICES AND COMPANY PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT,SERVICES AND COMPANY PRODUCTS WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.

 

26. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE SITE, PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, SERVICES, COMPANY PRODUCTS, OR ANY PORTION THEREOF, EVEN IF COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT YOU HAVE PAID TO COMPANY IN CONNECTION WITH YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER COMPANY, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SITE, PROFESSOR DIRECT PLATFORM, SUBMITTED CONTENT AND SERVICES, SERVICES, COMPANY PRODUCTS, COMPANY CONTENT, OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD COMPANY (OR ITS AGENTS, EMPLOYEES OR INSTRUCTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE COMPANY PRODUCTS, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE SUBMITTED CONTENT AND SERVICES, COMPANY CONTENT, OR ANY PORTION THEREOF. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF INSTRUCTORS OR USERS.

 

27. Indemnification

You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of any Submitted Content and Services you submit, post to, email, or otherwise transmit to us or through the Site, Professor Direct Platform or Company Products, your use of the Company Products, the Submitted Content and Services, the Company Content or any portion thereof, your connection to the Site, Professor Direct Platform or Company Products, or your breach of these Terms. 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 fully cooperate with such defense and in asserting any available defenses.

 

28. Modification of Services

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and these Terms will continue to apply to the Company Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the Company Products.

 

29. Dispute Resolution

1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY PRODUCTS. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
   
   
   1. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Company, to you via any other method available to Company, including via e-mail. The Notice to Company should be addressed to: StraighterLine, Inc., 1201 South Sharp Street, Suite 110, Baltimore, MD 21230 (the "Arbitration Notice Address"). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the "Demand"). If you and Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Company, then Company will promptly reimburse you for your confirmed payment of the filing fee upon Company's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
      
      
   2. Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
   3. No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
      
      
   4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of Maryland in conducting the arbitration. You acknowledge that these Terms and your use of the Company Products evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
      
      
2. These Terms and your use of the Company Products shall be governed by the substantive laws of the State of Maryland without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Company under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and Company hereby submit to the personal jurisdiction and venue of these courts.
   
   
3. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Company or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, including with respect to any Submitted Content and Services, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
   
   
4. Claims. You and Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Company Products, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
   
   
5. Improperly Filed Claims.

All claims you bring against Company must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Company may recover attorneys' fees and costs up to $5,000, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

 

 

We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Company Products for any reason or no reason.

 

In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Company Products and may bar your access to and use of the Company Products. Upon the termination, you will immediately destroy any downloaded or printed Company Content. You are free to cancel your membership and terminate your use of the Company Products at any time. To cancel your Monthly Membership, sign in to your MyLine Account.

 

31. Miscellaneous

1. Entire Agreement. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
   
   
2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
   
   
3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
   
   
4. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
   
   
5. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
   
   
6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
   
   
7. Disclosures. The Company Products are offered by StraighterLine, Inc., located at 1201 South Sharp Street, Suite 110, Baltimore, Maryland 21230. You may contact us by sending correspondence to the foregoing address or by e-mailing us at [email protected].