These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of
the sunbrighteducation.com website (“Website”), “Sunbright Education” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Sunbright Education (doing business as “Sunbright Education”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services or continuing to access and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Sunbright Education, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Sunbright Education provides the Services to users seeking tutoring services, both students and parents (collectively, “Students”) and to any other individual or entity on whose behalf users accept these Terms. These Terms are entered into by and between Sunbright Education and you, and you accept them by: (a) contracting for Services; or (b) using the Website or Mobile Application in any other manner. If you do not agree to these Terms, do not use the Services.
To the extent that anything in or associated with the Website or Mobile Application is in conflict or inconsistent with these Terms, these Terms shall control. Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Services (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Sunbright Education or other users of the Services; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Further, Sunbright Education has the sole discretion to terminate or limit Your use of Services as a result of inappropriate and/or offensive conduct. Conduct that is inappropriate and/or offensive includes without limitation, anything that defames, abuses, harasses, harms, stalks, threatens or otherwise violates the legal rights (including without limitation rights of privacy and publicity) or dignity of Sunbright Education or others, including but not limited to reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content obtained by virtue of the use of the Services.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Sunbright Education offers Services for those seeking tutoring. As independent contractors hired by Students, tutors control the method, materials, and all aspects of the lessons.
As all tutoring sessions are private meetings between each tutor and student, Sunbright Education does not monitor such sessions. Accordingly, Sunbright Education recommends that all tutoring sessions be supervised by a responsible adult.
You acknowledge and agreed that Sunbright Education Services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of or to hire tutors to complete assignments, write papers, take quizzes, or otherwise do assigned work on your behalf. Further, you agree not to use Sunbright Education Services for any purpose that violates the academic honesty or policy or other conduct policies of your school.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse to provide Services to anyone. We may, in our sole discretion, limit or cancel Services contracted for. In the event that we make a change to or cancel any contract for Services, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the request for Services was made.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk. Sunbright is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with third party businesses or individuals or the content of their resources, or as a result of the presence of non-Sunbright Education resources or advertisers on the Services.’
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. Sunbright Education grants You permission (which may be revoked at any time for any reason or no reason) to use the Services as provided herein and in accordance with this Agreement and solely for your own personal, non-commercial use, provided You do not remove any trademark, copyright, or other intellectual property contained on the Website, Mobile Application or during Services provided to You. No other use is permitted. This Agreement does not transfer to you any intellectual property owned by Sunbright Education or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sunbright Education. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Sunbright Education. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Sunbright Education or third party trademarks. Any rights not expressly granted herein are reserved. Sunbright Education reserves all of its statutory and common law rights against any person or entity who violates this paragraph.
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the contents provided by Sunbright Education on its Services, in whole or in party, by any means.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Sunbright Education, its affiliates, directors, officers, employees, agents, suppliers or licensees be liable to any person for any indirect, incidental, special, punitive, or consequential damages however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of
Sunbright Education and its affiliates, officers, employees, agents, suppliers and licensees relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Sunbright Education for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Disclaimer of Warranties
Sunbright Education disclaims all express or implied conditions, representations, and warranties of any kind. Sunbright Education makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Services, or the quality of any products, services, content, information or other material purchased or obtained from tutors will meet Your expectations ore requirements..
You agree to indemnify and hold Sunbright Education and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Los Angeles County, California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
This Agreement constitutes the entire agreement between you and Sunbright Education relating to the subject matter, and cancels and supersedes any prior versions of the Agreement. There are no other promises, terms, agreements, deals, or understandings not included in this Agreement and Sunbright Education has not made any oral promises that are not included in this Agreement.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on October 24, 2021