Information about Lessns

Terms of use

LESSNS, INC.
TERMS OF USE

Last Updated: December 31, 2018

Please read this Terms of Use Agreement (these “Terms of Use”) carefully before using any website, service, application, tools, and functionalities owned, developed, offered, or maintained or functionally belonging to the Company, provided and operated by Lessns, Inc. (“Lessns”, “Company”, (together or individually, the “Service”). The Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Service Providers and others who wish to access or use the Service (each a “User” or “You”, and collectively, “Users”).

This Agreement, which incorporates by reference other provisions applicable to User’s use of the Service, sets forth the terms and conditions that apply to User’s use of the Service. By using the Service, each User agrees to comply with all of the terms and conditions hereof. The right to use the Service is specific to each User and is not transferable to any person or entity.

The following legal restrictions and terms of use apply to the Service and any other site owned and/or operated by or on behalf of Lessns, Inc. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as the “Service” and “Lessns” and/or “We” respectively).

USE OF MATERIALS

This Service is owned and operated by Lessns Inc. and includes certain features that are owned or operated by its third-party service providers. Except as otherwise indicated herein the contents of the Service are the property of Lessns and are protected by applicable law, including without limitation pursuant the trade secret, copyright, and trademark laws and other state and federal laws and regulations of the United States and other jurisdictions. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Notwithstanding the foregoing you may download one copy of the materials on any single computer for your personal non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of Lessns’ copyright, trademark, and trade secret rights and other proprietary rights. For purposes of this Agreement, the use of any such material on, without limitation, any other website, application, or networked computer environment is prohibited.

In the event that you download software from the site, the software including any files; images incorporated in or generated by the software; and data accompanying the Software (together, the “Software”) are licensed to You by Lessns. Lessns does not, however, transfer any title to the Software, or any portion of the Software, to you. As between you and Lessns, Lessns retains full and complete right, title, and interest in and to the Software and all intellectual property rights relating thereto. You may not redistribute, sell, decompile, reverse-engineer, or disassemble the Software or any element of the Service.

You hereby grant Lessns and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, and non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any content or material you upload to, distribute through, or post on or through the Service, including without limitation via message boards, chat rooms, blogs, or any other features on the Service, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

User communications occurring on the Service, including without limitation messages and emails may be read and/or moderated by Lessns in accordance with the Privacy Policy and these Terms and as the Company, in its sole discretion, deems necessary and appropriate to prevent spam, inappropriate content, abusive practices, harassment, and/or other activities or content it deems harmful or inappropriate. Emails and other communications may not be sent to partners or ambassadors without the Company’s authorization. Inappropriate content may include without limitation solicitation and spam.

ACCEPTANCE OF TEACHERS

Lessns is a web platform that facilitates on-demand music lessons by matching Teachers with Students. In order to provide lessons, the Company identifies and partners with Teachers in its local markets. “Teacher” shall be defined as an individual approved by Lessns to instruct an individual student to learn a musical instrument. Upon entering into an affiliation with Lessns, an acceptable candidate may become a Teacher with the understanding that the candidate’s relationship with the Company is in the capacity of an independent contractor. Teachers bear the responsibility to file employment and income taxes, procuring individual insurance coverage (which Lessns encourages), and performing a range of other ordinary responsibilities as required for any independent business entity. Codifying this working arrangement, new Teachers will be required to sign a separate agreement and application that addresses such areas as the following:

  • Applicant Personal information (Name, Address, Teaching Experience and credential descriptions.)
  • Successfully completing a background check to the satisfaction of Lessns 
  • Affirmation of status as an independent contractor 
  • Verification of compliance with applicable laws
  • Agreement for likeness to be used in marketing materials (including website) and consent to film introduction video
  • Acknowledgement of non-exclusivity (i.e. ability to provide independent lessons, etc.) 
  • Agreement to non-circumvention of students which originate on the Lessns platform
  • Written consent to allow personal information to be stored and used for business purposes with the understanding that information is not to be sold to third parties
  • Acceptance that the relationship with Lessns is at-will and the Company may terminate the relationship without notice for any reason including but not limited to non- compliance with general Company guidelines or Lessns’ Terms of Use.

Lessns considers a range of criteria but places a high value on Teachers that: (i) are receiving or have completed college-level studies in music or a related field; (ii) demonstrate a high degree of musical proficiency; or (iii) exhibit meaningful past experience teaching music.

Lessns also reserves the right to disqualify Teachers for any other circumstances that are raised within the ordinary scope of the review or from behavior that could adversely impact: (i) the ability to ensure the highest standards of safety for Students; or (ii) the reputation of the Lessns platform.

INSTRUCTOR / STUDENT SAFETY

Prior to providing a lesson, Teachers will be required to offer a meet and greet with a prospective Student (and guardian or household adult if not of the age of 18). As part of this meeting, Teachers will strive to set expectations and answer any initial questions. At the completion of the meeting, the Student or applicable guardian / household adult (if under age 18) will sign an acknowledgement indicating approval for the Teacher to provide lessons going forward at a location determined by parties that ensures Student safety. The parent / guardian / Student will be required to sign a release in a type and form as determined by Lessns.

As a general practice, for each lesson in which a student is under the age of 18 years old (each a “Minor Student”), the Minor Student’s parent, guardian, or authorized adult will be encouraged to be present. Notwithstanding, a range of circumstances may limit the feasibility of this arrangement. Thus, it will be the role of Teachers, Students, and parents or guardians or authorized adults of Minor Students to reasonably and collectively establish a location that prioritizes the Student’s safety above all else and is suitable for the convenience of the Student, Teacher, and any responsible adult.

To ensure the continued safety and well-being of all parties, the following activities will be facilitated through the Lessns platform:

  • Creating Teacher and Student profiles
  • Scheduling of lessons (including date, time, and location)
  • Notice to be circulated to parties in advance of meetings
  • Timer start-stop function indicating when lessons are in progress
  • Notifications circulated once a lesson has been completed
  • Lesson summary noting follow-up practice areas for Student (completed by Teacher) 
  • Payment processing upon completion.

To provide further transparency, Students will be asked to complete a brief review after each lesson. The feedback will provide a rating and the option to assess certain criteria such as safety, convenience, timeliness, and quality of the lesson.

RULES OF CONDUCT

Users of the Service shall respect the rights and dignity of others. Your use of the Service is conditioned on your compliance with the rules of conduct set forth in this section; Your failure to comply with such rules may result in termination of your access to the Service pursuant to Termination section defined below. You agree that you will not:

  • Use the Service for any fraudulent or unlawful purpose;
  • Use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Service;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service; or express or imply that We endorse any statement you make;
  • Post any information that is obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
  • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available; or violate any requirements, procedures, policies or regulations of such networks;
  • Advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations;
  • Post unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to “spam”, “junk mail” and “chain letters”);
  • Transmit or otherwise make available in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, cancel bots, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  • Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Service (including without limitation by hacking or defacing any portion of the Service);
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service;
  • Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service;
  • Frame or mirror any part of the Service without Lessns’ express prior written consent;
  • Create a database by systematically downloading and storing the Service content;
  • Use any robot, spider, the Service search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather the Service content or reproduce or circumvent the navigational structure or presentation of the Service without Our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
  • Encourage others to violate this Agreement;
  • Refuse to follow Lessns instruction or direction; and
  • Disclose the Personal Information of any User of the Service without the permission of that User.

In the event a User posts inappropriate content or other materials that may violate these Rules of Conduct, Lessns may remove and / or suspend that User from the Service. Lessns reserves the right to remove any post or other material without warning or further notice. For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available.

While we prohibit conduct and content that violates this Agreement, you understand and agree that you nonetheless may be exposed to such conduct or content and that You use the Service at your own risk. Each Student, and each parent or guardian of a Minor Student , acknowledges

and understands that by using the Service to schedule, facilitate, or participate in a lesson with a Teacher, he or she is entering into a relationship with the Teacher, and is aware that the Teacher is not an agent or employee of Lessns. Lessns has no control over, and accepts no responsibility for the actions and behaviors of Teachers, Students, and their parents, guardians, or authorized adult caretakers, each of whom is responsible for his or her own relationships with the Teacher, which is independent of and does not include Lessns. At no point may Lessns be held liable for the actions or behaviors of any Teacher or Student who is performing services or participating in a lesson or any other activity . Lessns provides a platform on which Students seeking music lessons may connect, communicate, and transact with Teachers. Lessns does not endorse any Teacher and makes no representation concerning the behavior or action of any Teacher. By using the Service, adult students as well as parents, guardians, or authorized caretakers covenant not to sue Lessns, their respective owners, officers, directors, volunteers, or agents and release each of them (“Released Parties”) from any liability for injuries, damages, or loss that may be encountered, directly or indirectly, as a result of lessons being provided on the platform. Other disqualifying behaviors on the platform may include (but are not limited to):

  • Excessive tardiness / no shows;
  • Prolonged track record of negative reviews;
  • Stealing or purposeful damage to equipment of others;
  • Inappropriate behavior toward Students, Teachers, or bystanders that includes profane language, sexual advances, threats of violence, etc.;
  • A party is found to be in violation of applicable laws; or
  • Engagement in any act that could bring harm to Students, Teachers, or the broader Lessns platform.

PRIVACY POLICY

Lessns collects registration and other information about you through the Service. Our collection, use, and disclosure of this information is governed by the Service’s Privacy Policy.

COMPLAINT / ISSUE RESOLUTION

To ensure the continued safety of Students and Teachers and enable a high degree of responsiveness to more urgent issues that may arise, the Company has established a process for addressing complaints.

Complaints can be submitted by Teachers, Students, or guardians / household adults via a designated email address that the Company will monitor: support@lessns.app.

Once a complaint is received by the Company, a designated Lessns representative will review the complaint and respond accordingly to the Complainant to begin an investigative process and determine the resulting action(s) to be taken that may include termination of access to the Platform and referral to local law enforcement, as appropriate.

NO PERSONAL ADVICE

Any informational materials provided on the Service, including without limitation the opinions and / or recommendations of any authors and / or moderators, are not intended to substitute for any professional, educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Lessns makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through the Service. If you have concerns or a situation in which you require professional advice, then You should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES 

Your correspondence and dealings with third parties including without limitation job seekers, employers and / or advertisers that you encounter via the Service are solely between you and such entity. You agree that Lessns shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Lessns does not endorse, verify, or make any representations regarding any third-party advertisements, products or services and does not confirm that each user of the Service is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on the Service, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO SITE 

Lessns may add, change, discontinue, remove or suspend any portion of the Service at any time, without notice.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Service and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Lessns, if in Lessns’ sole discretion you fail to comply with any term or provision of this Agreement, you are a repeat infringer of any third party’s rights, or you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from the Service and all copies thereof, whether made under the terms of this Agreement or otherwise.

ACCOUNT SECURITY

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

DISCLAIMER

LESSNS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” LESSNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND ANY WEBSITE WITH WHICH IT IS LINKED. LESSNS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SERVICE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SERVICE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LESSNS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LESSNS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LESSNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICE, EVEN IF LESSNS OR A LESSNS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LESSNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SERVICE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF DELAWARE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNIFICATION

By using the Service, you agree to indemnify, defend and hold harmless Lessns from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on the Service; or (3) any material uploaded by you or through your computer to the Service or otherwise sent by you to Lessns. You will cooperate as fully and reasonably as required by Lessns in the defense of any claim. Lessns reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Lessns.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any principles of conflicts of law. You and Lessns each agree to submit to the exclusive jurisdiction of the courts of the state of Delaware. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

Lessns reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms at any time. You are advised to check these Terms periodically to ensure that you are apprised of the latest version of these Terms.