Lark in the Morning Lessons Terms of Use
Lark in the Morning Lessons is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Lark in the Morning Lessons.
Sharetribe is a social media service that allows its users to exchange goods and services and communicate with each other. The Sharetribe service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website (https://www.sharetribe.com).
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
Disclaimer
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of California United States, and you submit to the non-exclusive jurisdiction of the state and federal courts of California United States for the resolution of any disputes. The jurisdiction that is applicable to Sharetribe is that of Finland, unless another jurisdiction is required by binding law.
Lark in the Morning Lessons Terms of Service
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING, VIEWING, AND/OR USING THIS WEBSITE AND/OR ANY SERVICES PROVIDED BY LARK IN THE MORNING YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE TERMS OF USE. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICES OR THE SITE AND EXIT IMMEDIATELY.
Lark in the Morning Lessons offers a service to assist Users who are either looking to give or receive musical instruction to come in contact with other Users of the site. The following Terms of Use outline your obligations when using the Lark in the Morning Lessons website and services.
Acceptance of Terms
The Lark in the Morning Store and Lessons websites are available at https://larkinthemorning.com/ and https://lessons.larkinthemorning.com/, respectively. All related sites and the various content, features, and services offered on and in connection with these sites and applications, including the Lark in the Morning newsletter (collectively, the “Site and Services”) are owned and operated by Lark in the Morning and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
ANTI-DISCRIMINATION
USERS ARE PROHIBITED FROM MAKING ANY NEGATIVE RATING, CONDUCT OR SPEECH ON THE BASIS OF OR INFLUENCED BY GENDER, RACE, ETHNICITY, ABILITY, DISABILITY, SEXUAL ORIENTATION, AGE, LACK OF A VOLUNTARY DONATION OR OTHER IMPERMISSIBLE CATEGORY UNDER APPLICABLE LAW.
Modifications of the Terms of Use
Lark in the Morning may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Site and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Site and Services and to provide Lark in the Morning notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POST (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
Use of the Site and Services
Subject to full compliance with these Terms of Use, Lark in the Morning grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site and Services for your personal use. You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of Lark in the Morning. Lark in the Morning may modify, update, suspend, or discontinue the Site and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Lark in the Morning shall not be liable to any User or other third party for any such modification, update, suspension or discontinuance.
Site Connects Instructors with Students
The Site is a communications platform, which enables the connection between music Instructors and Students. Students are individuals seeking to obtain services from Instructors, and Instructors are individuals seeking to perform services for Students. Instructors and Students are hereinafter referred to as “Users”.
Site Only Provides a Venue
The Site is a communications platform for enabling connections between Users for the fulfillment of Services, but Lark in the Morning is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Students, nor of the integrity, responsibility or any other actions or omissions whatsoever of any Users. Lark in the Morning does not have any control over the quality, timing, or legality of Services performed by its Instructors. Lark in the Morning makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users through the Site whether in public, private, or offline interactions.
Instructor Vetting
Instructors can be subject to an extensive vetting process before they will be available to perform Instructor Services, including but not limited to a verification of identity and a comprehensive background check, at the national and state level, using third party services as appropriate. Users hereby give consent to Lark in the Morning to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act.
Although Lark in the Morning may perform background checks of Instructors, as outlined above, Lark in the Morning cannot confirm that each User is who they claim to be and therefore, Lark in the Morning cannot and does not assume any responsibility for the accuracy or reliability, identity or background check information or any information provided through the Site.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons you don’t know. NEITHER LARK IN THE MORNING NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR OF ANY USER OF THE SITE OR SERVICES AND YOU HEREBY RELEASE LARK IN THE MORNING AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. LARK IN THE MORNING AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Instructor Work Classification and Withholdings
Each User assumes all liability for proper classification of such User’s Instructors as independent contractors or employees based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Lark in the Morning. Each User acknowledges that Lark in the Morning does not, in any way, supervise, direct, or control an Instructor’s work or tasks performed in any manner. Lark in the Morning does not set an Instructor's work hours or location of work. Lark in the Morning will not provide any equipment, labor or materials needed for a particular task.
The Service is not an employment service and Lark in the Morning does not serve as an employer of any User. As such, Lark in the Morning will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
You agree to indemnify, hold harmless and defend Lark in the Morning from any and all claims that an Instructor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that an Instructor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Lark in the Morning was an employer or joint employer of an Instructor, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Billing and Payment
Upon registration for a paid membership or Feature, User agrees to pay Lark in the Morning at the prices then in effect, and you authorize Lark in the Morning to charge your chosen payment method in connection therewith. Lark in the Morning reserves the right to correct any payment errors even if it has already requested and/or received payment.
Lark in the Morning may use third party payment processing services (“PPS”) to process credit card information. Lark in the Morning expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to Lark in the Morning's use of a third party PPS, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Lark in the Morning's use of a PPS, please contact Lark in the Morning through this "Contact Us" (https://larkinthemorning.com/pages/contact-us) web form.
Students of the Site and Services contract for service directly with Instructors. Lark in the Morning will not be a party to any contracts or transactions for Services.
Students will be responsible for paying the invoice for each Service (or lesson) an Instructor has completed (the “Invoice”), which will include the pricing terms of the Service agreed with and provided by an Instructor (“Service Payment”), any out of pocket expenses agreed with and submitted by an Instructor in connection with the Service, any tip or gratuity, if applicable.
Within 24 hours after a Student receives confirmation that a Service has been completed, the Student will provide Student's payment details to the PPS for processing of Service Payment, out of pocket expenses owed to the Instructor, any tip or gratuity, if applicable. You may be charged a cancellation fee if you book an Instructor, but cancel it before it is completed, as set forth in the Service pricing terms.
Users may be required to register with the PPS, agree to Terms of Service of the PPS and go through a vetting process at the request of the PPS to set up their account with the PPS. Please note that Lark in the Morning is not a party to any agreement between individual Users and PPS and that you, the PPS and any other parties listed in the PPS Agreement are the parties to the PPS Agreement and that Lark in the Morning has no obligations or liability to any User under the PPS Agreement.
Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement.
Release
The Site is only a venue for connecting Users. Because Lark in the Morning is not involved in the actual contact between Users or in the completion of the Service, in the event that you have a dispute with one or more Users, you release Lark in the Morning (and its officers, directors, agents, investors, subsidiaries and employees) from any and all claims, demands, damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Lark in the Morning expressly disclaims any liability that may arise between Users of its Service.
Liability of Instructors and Students to Each Other
As a material condition of each Instructor providing services to Students, and as a material condition for each Student to procure services from Instructors, each User agrees to the following limitations on the liability of other Users:
Under no circumstances, except where prohibited by law, will any User (whether a Student or an Instructor) be liable to any other User or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages of any type or nature (including, without limitation, lost profits, loss of business, data or information) arising out of or in any way relating to the conduct of any User, any contract or agreement entered into between Users, or any in any way related to using or having used any services including, without limitation any services provided by an Instructor. This includes without limitation any and all bodily injury, emotional distress, and/or any other damages, as well as any damages resulting from any User’s reliance on information obtained through the services, or transmitted to or by any Users or other interactions with Users.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of any User to another User arising out of or in connection with any agreement, contract, or engagement executed between Users (whether in contract, tort, negligence or otherwise) will not exceed the greater of (i) the total amounts paid or payable by the Student to the Instructor in the twelve (12) months prior to the event giving rise to the claim or cause of action, and (ii) the sum of one thousand dollars ($1,000), except where prohibited by law.
Each User expressly acknowledges, by using the Services, that this limitation is a material inducement for each Instructor to render or provide, and for each Student to utilize, services under this agreement.
Use of the Services
You agree to use the Services in a manner that is lawful, relevant and proper to the applicable forum and the purpose of the Services. Any use of the Services that Lark in the Morning, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of your account with or without notice. Lark in the Morning reserves the right to suspend and/or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of such suspension and/or termination, you agree to make no further use of the Services after termination or during suspension.
You understand and agree not to, and not to permit or encourage anyone else to:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Services or engage with other Users for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Services or use the Services in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Attempt to gain unauthorized access to the Services, other User accounts, or other device, computer system, phone systems, or networks connected to the Services;
- Harvest or otherwise collect information about Users without their consent;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site or through any use of the Services that are not appropriate or relevant to the Services;
- Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Services, except where sponsored or created by Lark in the Morning;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Services;
- Access, download, or copy any information, content and/or materials from the Site or through any use of the Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site or through any use of the Services; or
- Restrict or inhibit any other User from using and enjoying the Services.
Lark in the Morning reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Lark in the Morning in its sole discretion. User may report any alleged improprieties by any User to Lark in the Morning through this "Contact Us" (https://larkinthemorning.com/pages/contact-us) web form. However, enforcement of the provisions set forth above and the other terms and conditions set forth in these Terms of Use is solely at Lark in the Morning's discretion, and failure to enforce such provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances. In addition, these provisions do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content or conduct that is prohibited by such provisions.
Account Security
You are responsible for maintaining the confidentiality of passwords and account information for the Services and you are fully responsible for all activities that occur under your account. You agree to immediately notify Lark in the Morning of any unauthorized use of accounts or any other breach of security.
Third Party Websites and Services
The Site may contain links or otherwise provide access to third party websites, advertisers, applications, products and/or services (collectively, “Third Party Services”), which links and access are provided solely for convenience. For example, the Site may provide access to a third-party payment processing service that enable Instructors to collect payments through the Site from Students who hire them. You understand and agree that such Third Party Services are not provided by Lark in the Morning, and Lark in the Morning does not control or endorse and does not make any representations or warranties regarding such Third Party Services or any products or services that are made available by such third parties or any advertisements displayed on, through or in connection with such Third Party Services.
YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD PARTY SERVICES IS AT YOUR OWN RISK, THAT SUCH THIRD PARTY SERVICES ARE GOVERNED BY SUCH THIRD PARTY’S TERMS OF USE AND PRIVACY POLICIES, AND THAT LARK IN THE MORNING IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTY SERVICES. You should carefully review the applicable terms and policies that apply to any Third Party Services. LARK IN THE MORNING IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD PARTY SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND LARK IN THE MORNING EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE LARK IN THE MORNING FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR SERVICES.
COPPA Compliance
The Services are intended for people 18 and older. Lark in the Morning does not knowingly collect any information from children under the age of 13. Users are asked to identify their age during the registration process. Lark in the Morning expressly disclaims, and you expressly release Lark in the Morning from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. Lark in the Morning reserves the right to suspend and/or terminate with or without notice the membership of any User who it believes has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
User Content
“User Content” is defined as any information, content, messages, photos, reviews and/or other materials Users post on the Site, submit to Lark in the Morning and/or submit to any other User on or through the Site or by any other medium or method including without limitation any Services. Lark in the Morning acts as a passive conduit for User Content and Users (not Lark in the Morning) are solely responsible for the User Content they post, submit or transmit through the Site and Services. User Content, including without limitation in connection with Users’ profiles, is self-reported and you understand and agree that Lark in the Morning does not independently verify that any or all of the User Content is appropriate, accurate, timely or complete. You understand and agree that you make your own decisions and assessments about persons to engage or engagements to accept. Lark in the Morning will not be responsible for the acts of other Users with respect to User Content or otherwise. Lark in the Morning expressly disclaims, and you expressly release Lark in the Morning from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon by other Users with respect to such User Content and/or any comments made by Users about others.
You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and, in exchange for being permitted to use the Services, you grant to Lark in the Morning an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such User Content and to prepare derivative works of, or incorporate into other works and to grant sublicenses to any of the above, subject to the limitations set forth in the Lark in the Morning Privacy Policy.
You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or your use of the Services; (B) shall not infringe or violate any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising; (D) shall not be defamatory, libelous, threatening, abusive, inflammatory or harassing; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Lark in the Morning or cause Lark in the Morning to lose (in whole or in part) the services of the Lark in the Morning ISPs or other partners or supplies. Lark in the Morning may, but is not obligated to, review or delete any User Content that, in Lark in the Morning's sole discretion, violates these Terms of Use. Although Lark in the Morning has no obligation to screen, edit or monitor any User Content, Lark in the Morning reserves the right, and has absolute discretion, to remove, screen or edit any User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing provisions. If your account is suspended and/or terminated, you agree to make no further use of the Services during suspension or after termination. Enforcement of the User Content provisions set forth in these Terms of Use is solely at Lark in the Morning's discretion, and failure to enforce such provisions in some instances does not constitute a waiver of Lark in the Morning's right to enforce such provisions in other instances. In addition, these provisions do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such provisions.
Prohibited Uses
The Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of Lark in the Morning. The Site and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Lark in the Morning without express written permission from Lark in the Morning. You agree not to use User Content in order to contact, advertise, solicit, or sell to any other User without their express consent.
You further agree not to collect User Content or any other information, materials or content on the Site or obtained through use of the Services, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate Site information, materials or content, or any information obtained through use of the Services, using manual or automated means, including without limitation though web scraping, without express written permission from Lark in the Morning. Should Lark in the Morning have a reasonable basis to believe that you violated this section, Lark in the Morning reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting.
Renewal and Cancellation
Memberships and some paid features (“Features”) will not automatically renew, and User will be required to manually renew the membership or Features through the Site. Upon renewal, you authorize Lark in the Morning to charge your selected payment method the then current applicable fee in accordance with membership plan or Feature you selected. Upon cancellation, you will have access to the membership and/or Feature benefits until the end of the then-current membership and/or Feature term, and the membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the membership and/or Feature fees paid for the then-current membership and/or Feature period. Lark in the Morning is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Lark in the Morning.
No Professional Advice; Information Only
Any information, materials, content and/or advice provided through the Services, including without limitation the Facebook page at https://www.facebook.com/LarkInAM/ are for informational purposes only. Lark in the Morning expressly disclaims, and you expressly release Lark in the Morning from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages, arising from and/or in any way related to the information, materials and content provided through the Services, including without limitation on the Facebook page or newsletter.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LARK IN THE MORNING FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, INCURRED BY LARK IN THE MORNING IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ON OR OFF THE SITE or through any use of the Services; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS ON THE SITE OR OBTAINED THROUGH ANY USE OF THE SERVICES; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES’ AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS; (K) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; (L) USE OF PHONE SUPPORT SERVICES (DEFINED BELOW); AND/OR (M) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SITE OR through any use of the Services. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY LARK IN THE MORNING IN THE DEFENSE OF SUCH CLAIMS. LARK IN THE MORNING RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF LARK IN THE MORNING.
Suspension and Termination
Lark in the Morning may suspend and/or terminate your membership at any time for any reason or for no reason at all in Lark in the Morning's sole discretion. Suspension and/or termination of your membership may include restricting access to and use of the Services and may also include the deletion of the User Content associated with your membership. You agree to make no further use of the Services during suspension or after termination. Lark in the Morning reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Services during suspension or after termination, and you agree that Lark in the Morning may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
Intellectual Property Rights
All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site and/or provided through the Services are owned by Lark in the Morning or its Users or licensees. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Lark in the Morning also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. You acknowledge and agree that you may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site and/or anything provided through the Services without Lark in the Morning's prior express written permission. Furthermore, you acknowledge and agree that you are not allowed to post, distribute or reproduce any User Content that you do not own, or which you do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Services and/or civil and/or criminal penalties. In addition, the Services contain material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Lark in the Morning and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on the Site or through the Services are owned by Lark in the Morning or are appearing on the Site with permission of the respective owners, and you acknowledge the rights of Lark in the Morning and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
Copyright Complaints and Copyright Agent
Repeat Infringer Policy: It is Lark in the Morning's policy to terminate, in appropriate circumstances and at Lark in the Morning's sole discretion, subscribers and account holders who are deemed to be repeat infringers.
Copyright Complaints: Owners of copyrighted works who believe that anything on the Site or provided through the Services infringes their copyright may file a notification of such infringement with our Designated Agent (as set forth below) in accordance with the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) If you believe that your work has been copied and posted on or made accessible through the Services in a way that constitutes copyright infringement, please provide Lark in the Morning's designated agent with the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that is claimed to have been infringed;
- Identification of the material that is claimed to be infringing, including the URL (Internet address) or other specific location on the Site or Services where the material the User claims is infringing is located. Include enough information to allow Lark in the Morning to locate the material;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright or intellectual property owner's behalf.
Privacy Policy
Please refer to our Privacy Policy for information on how Lark in the Morning collects, uses and discloses personally identifiable information from its users. By using the Services, you acknowledge that you have reviewed the Lark in the Morning Privacy Policy and consent to the collection, use and disclosure of your information as described in the Privacy Policy.
No Third Party Beneficiaries
You understand and agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.
Limited License
Subject to the terms and conditions set forth in these Terms of Use, Lark in the Morning grants you a personal, nonexclusive, nontransferable, revocable right to use the Services solely for the authorized purposes stated in these Terms of Use provided that you do not: (A) copy, modify, distribute, create a derivative work of, publicly perform or publicly display the Services or the Proprietary Materials; (B) reverse engineer, reverse assemble or otherwise attempt to discover any source code; (C) modify or attempt to modify the Services in any manner or form; (D) resell or make any commercial use of the Services or the Proprietary Materials; (E) use any data mining, robots, scrapers or similar data gathering or extraction methods; (F) use the Services or the Proprietary Materials other than for their intended purpose; or (G) violate these Terms of Use. Any use of the Services or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of Lark in the Morning, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Modifications to the Services
Lark in the Morning reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services and/or any information, materials or content provided through the Services with or without notice to you. You agree that Lark in the Morning shall not be liable to User or any third party for any modification or discontinuance of the Services or any portion thereof.
Special Promotions. Lark in the Morning may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of Lark in the Morning, and can be activated, modified or removed at any time by Lark in the Morning without advance notification and the liability of any of Lark in the Morning's partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to the Indemnification section of these Terms of Use.
No Joint Venture
You acknowledge that you are not legally affiliated with Lark in the Morning in any way, and no partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by your use of the Services or these Terms of Use. As such, you shall not have, or hold 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 Lark in the Morning, except as provided herein or authorized in writing by Lark in the Morning. Lark in the Morning is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.
Limitations on Use
In the interest of maintaining the performance and availability of the Services and in enforcing these Terms of Use, Lark in the Morning reserves the right to place certain limitations on your access to the Services. You acknowledge that this term supersedes any specific offer made by Lark in the Morning and that these limitations may be enforced in Lark in the Morning's sole discretion. If you feel that these limitations are interfering with legitimate use of Lark in the Morning Lessons in keeping with the Terms of Use, you agree to refer this concern to Lark in the Morning and abide by the determination of Lark in the Morning.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. LARK IN THE MORNING DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICES WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITE OR THROUGH ANY THE USE OF THE SERVICES, OF ANY USERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. LARK IN THE MORNING DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. LARK IN THE MORNING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. LARK IN THE MORNING SHALL NOT BE LIABLE FOR, and YOU expressly release LARK IN THE MORNING from, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.
Assumption of Risk
You assume all risks when using the Services, including without limitation all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
Limitation of Liability
Under no circumstances, except where prohibited by law, will LARK IN THE MORNING be liable to YOU or any OTHER USER OR third party for any DIRECT, indirect, incidental, consequential, special, punitive or exemplary damages ARISING OUT OF OR in any way RELATING TO THE CONDUCT OF any User in any way using or having used the Services, and/or on or off the Sites. This includes without limitation any and all BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, as well as any damages RESULTING FROM any user’s RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE or obtained through the services, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS, including CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Under no circumstances, except where prohibited by law, will Lark in the Morning be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or The Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Lark in the Morning, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, the aggregate liability of LARK IN THE MORNING To YOU will not exceed the total amounts paid by YOU in the twelve (12) months prior to the event giving rise to the claim or cause of action, except where prohibited by law. If you have not paid Lark in the Morning for the use of the services, the aggregate liability of Lark in the Morning to you will not exceed $100.00.
Phone Support Services
Lark in the Morning may offer phone support services, including without limitation concierge services and third party sponsored phone support services (collectively, “Phone Support Services”). Phone Support Services, including telephone and/or email communications with Lark in the Morning and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, are subject to these Terms of Use, and each use of Phone Support Services, including telephone communications with Lark in the Morning and the subsequent receipt, acceptance and/or use of information in connection with Phone Support Services, whether by phone, email, or other medium or method, also constitutes a use of the Services subject to these Terms of Use. Lark in the Morning provides Phone Support Services for informational purposes only and does not deliver any professional advice, direction or guidance. You further understand and agree that fees paid in connection with the Phone Support Services, if any, are for the delivery of information only and not for any advice, direction or guidance. Your receipt, acceptance and/or use of any information in connection with Phone Support Services is your further express understanding and agreement to be bound by these Terms of Use, including without limitation all limitations, releases and indemnities in these Terms of Use. You further understand and agree that any transaction with another User following the receipt, acceptance and/or use of information is a transaction between Users and not with Lark in the Morning. If you use Phone Support Services, then you expressly agree to release Lark in the Morning, and Lark in the Morning hereby expressly disclaims, any and all liability whatsoever for any controversies, claims, suits, injuries, harms, losses and/or damages arising from and/or in any way related to the use of Phone Support Services, including without limitation the receipt, acceptance and/or use of information in connection with Phone Support Services.
Notice
Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy, claim, suit, injury, harm, loss or damage related to the use or provision of the Site and Services, or the Terms of Use (“Dispute”), you and Lark in the Morning agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided Lark in the Morning. Lark in the Morning's address for such notices is Lark in the Morning, 830 Gilman Street, Berkeley, CA 94710.
Any Dispute that cannot be resolved during the informal negotiation period shall be settled by binding arbitration and conducted in accordance with these Terms of Use and the Commercial Arbitration Rules and Arbitration Procedures of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879.If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration.
This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.
Arbitration shall be conducted before a single arbitrator chosen by Lark in the Morning and both Lark in the Morning and the User expressly waive entitlement, if any, to have any such controversy, claim, suit, injury, harm, loss or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms of Use and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.
Any such controversy, claim, suit, injury, harm, loss or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render the Terms of Use or this arbitration provision unenforceable in any action brought under a private attorneys general law.
The arbitration shall be conducted in California, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. Lark in the Morning may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect its rights pending the completion of arbitration. The User agrees to submit himself, herself, or itself to the personal jurisdiction of the State of California.
Each party will pay the fees of his, her, or its attorneys, subject to any remedies to which that party may later be entitled under applicable law. The User will bear only those costs of arbitration that he, she, or it would have borne had the User brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lark in the Morning will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law, or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.
To commence an arbitration against Lark in the Morning, you must complete a Demand for Arbitration form located at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175, submit it to the AAA, and send a copy to Lark in the Morning at:
Lark in the Morning
830 Gilman Street
Berkeley, CA 94710.
For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.
General Provisions
Failure by Lark in the Morning to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Services, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. These Terms of Use constitute the entire agreement between User and Lark in the Morning with respect to the Services. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
Contact
Lark in the Morning may be contacted at:
"Contact Us" (https://larkinthemorning.com/pages/contact-us) web form.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE, PRIVACY POLICY AND LARK IN THE MORNING COMMUNITY GUIDELINES AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.