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Last Updated: 01.03.2022
Empowerment Lab, Inc. (“Empowerment Lab,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.emplab.org (the “Site”), subject to the following Terms and Conditions (as amended from time to time, the “Terms and Conditions”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
Please read these Terms and Conditions carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Empowerment Lab on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
“User” “you” or “your” means a person, organization or entity using the Services, including Parents and Teachers.
“Parent(s)” means a parent or legal guardian who completes Empowerment Lab’s account registration process to purchase Courses on the Site for the purpose of enrolling their child.
“Course (es)” means any online course(es) for sale on the Site.
Empowerment LAB’s Service is an online learning ecosystem for girls 11-18 years old, designed to offer virtual online courses in computer science and creative technology. Empowerment Lab does own, create, sell, control, and manage courses.
Empowerment Lab's responsibilities are limited to: (i) providing the site as a platform to facilitate the sale, purchase, and conduct of courses. While Empowerment Lab strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Empowerment Lab. Empowerment Lab does not control the behavior of Users.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Empowerment Lab of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Empowerment Lab will not be liable for any loss or damage arising from your failure to comply with this Section.
Empowerment Lab reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Empowerment Lab will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that Empowerment Lab may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Empowerment Lab’s servers on your behalf. You agree that Empowerment Lab has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Empowerment Lab reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Empowerment Lab reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
As a Teacher, you must provide Empowerment Lab with any information requested in order teach a course.
Empowerment Lab has sole discretion as to which Teachers are accepted into the platform and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the platform for any reason. Empowerment Lab may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
When you join the Empowerment Lab community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Empowerment Lab-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Empowerment Lab, in its discretion, believes to be unconducive to a respectful and welcoming community for all.
Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Empowerment Lab’s behalf without prior written authorization from Empowerment Lab; posts that Empowerment Lab, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or Empowerment Lab staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Empowerment Lab’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Empowerment Lab’s community standards.
Each Teacher is required to report to Empowerment Lab any suspected case of child abuse or neglect they become aware of during their work with Empowerment Lab students. Empowerment Lab defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities, and Empowerment Lab expects all teachers to comply with their individual reporting responsibilities. Empowerment Lab itself may report instances of suspected abuse or neglect as it deems appropriate.
Each Parent agrees to pay all applicable fees for Сourses (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. Parent hereby authorizes Empowerment Lab to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Empowerment Lab know within sixty (30) days after the date that Empowerment Lab charges you.
Empowerment Lab will transfer the Enrollment Fees to Teacher’s bank account for each sale of a course (or set of courses, as applicable) to a Parent within a reasonable period of time, minus Empowerment Lab’s service fees (“Empowerment Lab Fee”). Empowerment Lab has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to Teacher, if Parent reports that the course were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a course or a course was of insufficient quality. Empowerment Lab will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Empowerment Lab with respect to a refund shall be final and binding on the Parent and Teacher.
Each Teacher appoints Empowerment Lab as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent. Each User agrees that payment of Enrollment Fees by a Parent to Empowerment Lab, as that Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher and the Teacher will provide the relevant Classes to the Parent, as outlined on the Site, as if the Teacher had received payment directly. Empowerment Lab, as limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the Empowerment Lab Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Empowerment Lab and the Teacher. In the event that Empowerment Lab does not remit such amounts, the Teacher will have recourse only against Empowerment Lab.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Empowerment Lab. Empowerment Lab reserves the right to investigate and take appropriate legal action against anyone who, in Empowerment Lab’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Empowerment Lab, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Course Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Empowerment Lab from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Empowerment Lab, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Empowerment Lab.
The Empowerment Lab name and logos are trademarks and service marks of Empowerment Lab (collectively the “Empowerment Lab Trademarks”). Other Empowerment Lab, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Empowerment Lab. You should not interpret anything in these Terms of Service or the Service to mean that Empowerment Lab is in any way explicitly or implicitly giving you any license or right to use any of Outschool Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Empowerment Lab Trademarks is only for Empowerment Lab’s exclusive benefit.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Empowerment Lab has no control over such sites and resources and Empowerment Lab is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Empowerment Lab will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Empowerment Lab is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMPOWERMENT LAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EMPOWERMENT LAB MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY EMPOWERMENT LAB ON TEACHERS ARE SOLELY FOR ITS OWN BENEFIT. EMPOWERMENT LAB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMPOWERMENT LAB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMPOWERMENT LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EMPOWERMENT LAB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EMPOWERMENT LAB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EURO (EURO .-100.00).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Empowerment Lab, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.
YOU AND EMPOWERMENT LAB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EMPOWERMENT LAB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Empowerment Lab is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com .
You agree that Empowerment Lab, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Empowerment Lab believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Empowerment Lab may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Empowerment Lab may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Empowerment Lab will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Empowerment Lab will have no liability or responsibility with respect thereto.
Empowerment Lab reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Empowerment Lab and govern your use of the Service, superseding any prior agreements between you and Empowerment Lab with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of Switzerland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Empowerment Lab agree to submit to the personal and exclusive jurisdiction of Geneva Canton. The failure of Empowerment Lab to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Empowerment Lab, but Empowerment Lab may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at @emplab.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
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