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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.
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.
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
Acceptance of Terms
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.
Use of the Site and Services
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.
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.
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.
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.
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” 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.
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.
Suspension and 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.
No Third Party Beneficiaries
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.
No Joint Venture
Limitations on Use
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
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.
This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.
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.
Lark in the Morning may be contacted at:
"Contact Us" (https://larkinthemorning.com/pages/contact-us) web form.
Lark in the Morning Lessons service: Sharetribe Ltd
info (at) sharetribe.com
Name of the register
User register of the Lark in the Morning Lessons service
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single Lark in the Morning Lessons community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.