Welcome. These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Turion Corporation, a Delaware company and its affiliates (collectively “Turion”) governing your use of the Platform. Our website: www.turion.io along with our related websites, networks, applications, mobile applications, and other services provided by us are collectively referred to as the “Platform”.
Throughout this document, the words “Turion”, “us”, “we” and “our” refer to our company, Turion Corporation, and our Platform as is appropriate in the context of the use of the words.
Please read the Terms and the Privacy Policy available at: [ ] before using our Platform. By using or accessing our Platform, you acknowledge and agree to these terms and agree to be bound by these Terms and the Privacy Policy. We may amend our Terms or Privacy Policy from time to time; your continued use of our Platform will constitute acknowledgment and consent to any amendments made within the Terms and Privacy Policy.
THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 13 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
If you do not agree to the Terms or the Privacy Policy, please stop using our Platform immediately.
The services offered on the Platform consist of (i) a marketplace that enables users of the Platform to connect with teachers, tutors, or educators ("Teachers") and (ii) other educational resources and services we may from time to time make available. Users may engage with Teachers for pre-scheduled one-on-one tutoring classes physically or through other mutually agreed media (“Classes”).
"Teachers" are individuals or entities that seek to provide educational digital content and services to the users of the Platform. Each Teacher may specialize in different subject areas as identified in such Teacher’s online profile on the Platform. If you engage Teachers on the Platform, you acknowledge and agree that Teachers are not Turion’s employees, partners, representatives, agents, joint ventures, independent contractors, or franchisees. All users of the Platform, including Teachers, may be referred to generally as “users” in these Terms.
You can use parts of our Platform without having an account. However, you need a Turion Account to use some features, including participating in Classes. You may only create a Turion Account if you are at least 18 years of age.
During registration, we may require that you provide us with your name, e-mail address, physical address, date of birth, and/or social security number or social media credential (collectively “Account Information”). We may also require additional information from you as necessary to verify your identity. If we cannot verify your identity, we can refuse to allow you to use our Platform. You agree and understand that you are responsible for maintaining the confidentiality of your password and your login ID, which allow you access to our Platform. By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communication may be posted on our Platform and/or delivered to your e-mail address we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from Turion until the termination of your account with us.
If you become aware of any unauthorized use of your account, you agree to immediately notify us at: support@Turion.com.
We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Turion usernames and other unique login IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
You are responsible for your use of Turion and for any use of Turion made using your username and account. Your right to use and access our Platform is personal to you and is not transferable to any other person or entity. You acknowledge that in order for our Platform to function properly, you must keep your Account Information up to date.
You agree that you may not use our Platform for any purpose that is unlawful or prohibited by these Terms; specifically, you agree not to:
Turion may terminate your account for violating one or more of your responsibilities, for violation of our community guidelines, for violating applicable international, federal, or state law, any other provision in these Terms, the Privacy Policy, or for any other lawful purpose or at our discretion with or without notice.
“User Generated Content” is defined as any information and materials you provide to Turion or other users in connection with your registration for and use of the Platform. You are solely responsible for User Generated Content and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Turion is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Turion has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement. User Generated Content provided to Turion by Teachers may be referred to as “Teacher Content”.
You hereby represent and warrant to Turion that your User Generated Content (a) will not be false, inaccurate, incomplete, or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit, or stolen items; (c) will not infringe on any third party’s privacy or copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or personality; (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam, or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Turion or otherwise purport to act as a representative or agent of Turion; and (i) will not create liability for Turion or cause Turion to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, and other content, including Turion designs, trademarks, and logos (collectively “Turion IP”) that Users see or read through the Platform is owned by Turion, excluding User Generated Content and Teacher Content, which users and Teachers hereby grant Turion a license to use as set forth above in Section 5. Turion IP is protected in all forms, media, and technologies now known or hereinafter developed. Turion owns all Turion IP, as well as the coordination, selection, arrangement, and enhancement of such Turion IP. The Turion IP is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without Turion’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Turion IP other than as permitted herein is expressly prohibited.
The service marks and trademarks of Turion are service marks owned by Turion. Any other trademarks, service marks, logos, and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
We welcome your feedback about the Platform. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such content for free and revise, modify, adjust, and change contextually or make any other changes as we deem appropriate.
You acknowledge and agree that a legally binding contract with a Teacher (each a “Teacher Engagement”) is formed when you and the Teacher agree on the terms of the Classes or use of any Teacher Content. The terms of the Teacher Engagement shall not conflict with the terms in this Agreement and do not expand Turion’s obligations or restrict Turion’s rights under this Agreement. Turion is not a party to any Teacher Engagement and the formation of such Teacher Engagement will not under any circumstances create an employment or other service relationship between Turion and the Teacher. Turion’s role beyond enabling connections between Teachers and users via the Platform is to act as a limited payment collection agent for the Teacher to facilitate payment for Teacher Engagement on behalf of the Teachers using the applicable Payment Processor (as defined below). In acting as the limited payment collection agent for Teacher Engagements on the Platform, Turion disclaims any other agency or authority to act on behalf of the Teacher and assumes no liability or responsibility for any acts or omissions of the Teacher either within or outside of the Platform.
Turion will facilitate payments of fees for the coaching services provided by the Teachers (the “Teacher Fees”). The Teacher Fees may vary depending (i) on the duration of time you wish to counsel with a Teacher and (ii) the applicable rates of such Teacher; such term shall be integrated as part of the Teacher Engagement. The Teacher Fee charged to the user is inclusive of service fees payable to Turion (the “Platform Fee”) to offset Turion’s costs of providing users with the Platform and other support and other various business objectives. Turion will hold all Teacher Fees in escrow which shall be released after deducting the Platform Fee to the applicable Teacher after such period of time as reasonably determined by Turion to ensure that the Teacher has fulfilled Teacher’s obligations in a Teacher Engagement.
When you pay the Teacher Fee (a “Transaction”) you expressly authorize us or our third-party payment processor to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information “Payment Information”). Your credit card will be authorized and charged through a secured transaction or transactions handled by the payment processor. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
The Platform and all Turion IP are made available AS-IS and are provided without any representations or warranties of any kind, express or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed save to the extent required by law.
We disclaim all and assume no responsibility for evaluating or verifying the accuracy, suitability, truthfulness, or authenticity of any information provided in the Classes or of any information posted or provided by any of our users. We assume no responsibility for ensuring our user’s compliance with any applicable laws, rules, and regulations or these Terms. We are not responsible for the conduct, whether online or offline, of any user of our Platform. We are not liable for any failure of our Platform, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website, which prevent access to our website temporarily or permanently.
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees, or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release, then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California Civil Code Section 1542, which states "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
IN NO EVENT SHALL TURION, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS, OR ANY THIRD PARTIES CONTRIBUTING CONTENT TO THE PLATFORM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE PLATFORM OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM.
You agree to defend, indemnify, and hold harmless Turion, its parent corporation, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) if you are a Teacher, your ability or inability to perform or obtain the performance of coaching services or to receive payment therefore; (v) if you are a Teacher, any Teacher Content; and (vi) if you obtain coaching services from a Teacher, any act or omission of your engagement terms with such Teacher.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Our Platform may contain links to third-party platforms or websites (each a “Third-Party Platform”) and you may be able to share your publications on the Third-Party Platform through our Platform. You acknowledge and agree that we have no control over and are not responsible for these Third-Party Platforms or their use of your personal information. We do not endorse, recommend, or vouch for the security of such Third-Party Platforms. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Platform.
Turion and its Platform may only be used by persons 12 years and older. Turion in no way targets children under the age of 13. If you are under 12, please stop using our site immediately and do not submit any information to us.
These Terms shall be governed by the laws in force in Delaware without regard to its conflicts of laws principles.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Except as provided in subsection 13.8 below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, our relationship, or your use or attempted use of our Platform or any product or service shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Turion, or any involved third party may pursue a claim. Turion agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Turion. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to legal@turion.io. Turion will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Turion or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in San Francisco County, California, to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights as stated in subsection 13.8 below. You hereby expressly consent to and forever waive any challenge to the exclusive personal jurisdiction and venue of said courts in such actions.
You and Turion agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in San Francisco County, California, unless Turion otherwise agrees to arbitrate in another forum requested by you.
We each agree that any and all claims, other than those exempted under subsection 13.8 below, shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party within the time period set forth in subsection 13.2 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Turion.
Any award rendered shall include a confidential written opinion and shall be final subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
This provision survives termination of your account or relationship with Turion, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims, except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Turion and shall not be modified except in writing by Turion.
Notwithstanding the foregoing and as an exception to final and binding confidential arbitration, you and Turion both retain the right to pursue in small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Turion will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court so long as the claim is and remains pending in that court.
Turion reserves the right to amend this arbitration provision at any time. Your continued use of our Platform, purchase of any product or services on or through our Platform, or use or attempted use of a Turion product or service is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Turion will provide you with notice and an opportunity to opt out. Your continued use of our Platform, purchase, or use of any products or services on or through our Platform, or use or attempted use of a Turion product or service is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT LEGAL@TURION.IO. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED, OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Turion operates as an online marketplace that connects users with other users of the Platform or Teachers who wish to sell educational content or perform a variety of coaching services. EXCEPT FOR MAKING AVAILABLE THE PLATFORM TO CONNECT ITS USERS, TURION DOES NOT PERFORM COACHING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM COACHING SERVICES.
Teachers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for users through the Platform. Turion does not control or direct the Teachers’ performance of their services or set their work locations, work hours, or terms of work. Teachers provide services under their own name or business name and not under Turion’s name. Teachers provide their own tools and supplies to perform their services; Turion does not provide the tools or supplies. Teachers are free to maintain a clientele without any restrictions from Turion and are free to offer and provide their services elsewhere, including through competing platforms. Teachers are free to accept or reject users and engagements. Teachers are not penalized for rejecting users or engagements, though if Teachers accept an engagement request by a user, they are expected to fulfill their contractual obligations to their client. Teachers set their own rates for services performed and educational content listed in the Turion general marketplace.
The Platform is not an employment agency service or business, and Turion is not an employer of any user. Teachers acknowledge and confirm that they are responsible for exercising their own business judgment in accepting any engagement; depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Turion respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. As part of our response, we may remove or disable access to material, links, or references residing on our Platform that is claimed to be infringing.
Turion does not control content hosted on third-party websites and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving a DMCA Notice of Infringement, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Turion’s rights and obligations under the DMCA and in particular 17 U.S.C. §512(c) and do not constitute legal advice.
To file a notice of infringing material, link, or reference on the Platform, please provide a notification containing the following details:
Then send this notice to Turion’s Copyright Agent:
Copyright Agent [Ze Wei Wong]
It is Turion policy to provide for the termination in appropriate circumstances of Turion’s users, customers, and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.
Teachers must set their own cancellation terms, which shall be clearly described as part of the Teacher Engagement. Teachers are responsible for specifying their cancellation deadlines and any fees associated with late cancellations or no-shows. Turion will exercise commercially reasonable efforts to ensure a refund is processed for the user if a Teacher fails to fulfill their obligations under the Teacher Engagement. In the event a Teacher does not provide specific cancellation and refund policies as part of the Teacher Engagement, Turion reserves the right, without any liability to the Teacher, to refund any Teacher Fees paid by users if the Teacher cancels a Class less than 24 hours before the scheduled class time or fails to provide the lessons as agreed upon in the Teacher Engagement as determined in Turion’s sole discretion. User acknowledges and agrees that all refund requests must be made in writing to both Turion and the applicable Tutor within seven (7) days from the date of the scheduled Class. Failure to submit a refund request within this timeframe will result in the forfeiture of the right to a refund.
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though they had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Turion shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend our Platform or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Turion account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Platform. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Turion must be addressed to our agent for notice and sent via certified mail to: Turion Corporation, 131 CONTINENTAL DRIVE, SUITE 305, Newark, DE 19713.